Bill Text: MI SB0863 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Criminal procedure; pretrial procedure; release from custody subject to certain conditions following preliminary roadside analysis and entry of order into LEIN; provide for. Amends sec. 6b, ch. V of 1927 PA 175 (MCL 765.6b). TIE BAR WITH: HB 5385'14
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2014-10-22 - Assigned Pa 0316'14 With Immediate Effect [SB0863 Detail]
Download: Michigan-2013-SB0863-Engrossed.html
SB-0863, As Passed Senate, September 23, 2014
SUBSTITUTE FOR
SENATE BILL NO. 863
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 6b of chapter V (MCL 765.6b), as amended by
2013 PA 54.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER V
Sec. 6b. (1) A judge or district court magistrate may release
under
this section a defendant under this subsection subject to
conditions reasonably necessary for the protection of 1 or more
named persons. If a judge or district court magistrate releases
under
this section a defendant under this subsection subject to
protective conditions, the judge or district court magistrate shall
make a finding of the need for protective conditions and inform the
defendant on the record, either orally or by a writing that is
personally delivered to the defendant, of the specific conditions
imposed and that if the defendant violates a condition of release,
he or she will be subject to arrest without a warrant and may have
his or her bail forfeited or revoked and new conditions of release
imposed, in addition to the penalty provided under section 3f of
chapter XI and any other penalties that may be imposed if the
defendant is found in contempt of court.
(2) An order or amended order issued under subsection (1)
shall contain all of the following:
(a) A statement of the defendant's full name.
(b) A statement of the defendant's height, weight, race, sex,
date of birth, hair color, eye color, and any other identifying
information the judge or district court magistrate considers
appropriate.
(c) A statement of the date the conditions become effective.
(d) A statement of the date on which the order will expire.
(e) A statement of the conditions imposed.
(3) An order or amended order issued under this subsection and
subsection (1) may impose a condition that the defendant not
purchase or possess a firearm. However, if the court orders the
defendant to carry or wear an electronic monitoring device as a
condition of release as described in subsection (6), the court
shall also impose a condition that the defendant not purchase or
possess a firearm.
(4) The judge or district court magistrate shall immediately
direct the issuing court or a law enforcement agency within the
jurisdiction of the court, in writing, to enter an order or amended
order issued under subsection (1) or subsections (1) and (3) into
the
law enforcement information network as provided by the C.J.I.S.
policy
council act, 1974 PA 163, MCL 28.211 to 28.215. LEIN.
If the order or amended order is rescinded, the judge or district
court magistrate shall immediately order the issuing court or law
enforcement
agency to remove the order or amended order from the
law
enforcement information network.LEIN.
(5)
A The issuing court or a law enforcement agency within the
jurisdiction of the court shall immediately enter an order or
amended
order into the law enforcement information network as
provided
by the C.J.I.S. policy council act, 1974 PA 163, MCL
28.211
to 28.215, LEIN or shall remove the order or amended order
from the law enforcement information network upon expiration of the
order or as directed by the court under subsection (4).
(6) If a defendant who is charged with a crime involving
domestic violence, or any other assaultive crime, is released under
this
section, subsection and
subsection (1), the judge or district
court magistrate may order the defendant to wear an electronic
monitoring device as a condition of release. With the informed
consent of the victim, the court may also order the defendant to
provide the victim of the charged crime with an electronic receptor
device capable of receiving the global positioning system
information from the electronic monitoring device worn by the
defendant that notifies the victim if the defendant is located
within a proximity to the victim as determined by the judge or
district court magistrate in consultation with the victim. The
victim shall also be furnished with a telephone contact with the
local law enforcement agency to request immediate assistance if the
defendant is located within that proximity to the victim. In
addition, the victim may provide the court with a list of areas
from which he or she would like the defendant excluded. The court
shall consider the victim's request and shall determine which areas
the defendant shall be prohibited from accessing. The court shall
instruct the entity monitoring the defendant's position to notify
the proper authorities if the defendant violates the order. In
determining whether to order a defendant to wear an electronic
monitoring device, the court shall consider the likelihood that the
defendant's participation in electronic monitoring will deter the
defendant from seeking to kill, physically injure, stalk, or
otherwise threaten the victim prior to trial. The victim may
request the court to terminate the victim's participation in the
monitoring of the defendant at any time. The court shall not impose
sanctions on the victim for refusing to participate in monitoring
under this subsection. A defendant described in this subsection
shall
only be released under this section if he or she agrees to
pay the cost of the device and any monitoring as a condition of
release or to perform community service work in lieu of paying that
cost. An electronic monitoring device ordered to be worn under this
section
subsection shall provide reliable notification of removal
or tampering. As used in this subsection:
(a) "Assaultive crime" means that term as defined in section
9a of chapter X.
(b) "Domestic violence" means that term as defined in section
1 of 1978 PA 389, MCL 400.1501.
(c) "Electronic monitoring device" includes any electronic
device or instrument that is used to track the location of an
individual or to monitor an individual's blood alcohol content, but
does not include any technology that is implanted or violates the
corporeal body of the individual.
(d) "Informed consent" means that the victim was given
information concerning all of the following before consenting to
participate in electronic monitoring:
(i) The victim's right to refuse to participate in that
monitoring and the process for requesting the court to terminate
the victim's participation after it has been ordered.
(ii) The manner in which the monitoring technology functions
and the risks and limitations of that technology, and the extent to
which the system will track and record the victim's location and
movements.
(iii) The boundaries imposed on the defendant during the
monitoring program.
(iv) Sanctions that the court may impose on the defendant for
violating an order issued under this subsection.
(v) The procedure that the victim is to follow if the
defendant violates an order issued under this subsection or if
monitoring equipment fails to operate properly.
(vi) Identification of support services available to assist the
victim to develop a safety plan to use if the court's order issued
under this subsection is violated or if the monitoring equipment
fails to operate properly.
(vii) Identification of community services available to assist
the victim in obtaining shelter, counseling, education, child care,
legal representation, and other help in addressing the consequences
and effects of domestic violence.
(viii) The nonconfidential nature of the victim's communications
with the court concerning electronic monitoring and the
restrictions to be imposed upon the defendant's movements.
(7) A judge or district court magistrate may release under
this subsection a defendant subject to conditions reasonably
necessary for the protection of the public if the defendant has
submitted to a preliminary roadside analysis that detects the
presence of alcoholic liquor, a controlled substance, or other
intoxicating substance, or any combination of them, and that a
subsequent chemical test is pending. The judge or district court
magistrate shall inform the defendant on the record, either orally
or by a writing that is personally delivered to the defendant, of
all of the following:
(a) That if the defendant is released under this subsection,
he or she shall not operate a motor vehicle under the influence of
alcoholic liquor, a controlled substance, or another intoxicating
substance, or any combination of them, as a condition of release.
(b) That if the defendant violates the condition of release
under subdivision (a), he or she will be subject to arrest without
a warrant, shall have his or her bail forfeited or revoked, and
shall not be released from custody prior to arraignment.
(8) The judge or district court magistrate shall immediately
direct the issuing court or a law enforcement agency within the
jurisdiction of the court, in writing, to enter an order or amended
order issued under subsection (7) into LEIN. If the order or
amended order is rescinded, the judge or district court magistrate
shall immediately order the issuing court or law enforcement agency
to remove the order or amended order from LEIN.
(9) The issuing court or a law enforcement agency within the
jurisdiction of the court shall immediately enter an order or
amended order into LEIN. If the order or amended order is
rescinded, the court or law enforcement agency shall immediately
remove the order or amended order from LEIN upon expiration of the
order under subsection (8).
(10) (7)
This section does not limit the
authority of judges
or district court magistrates to impose protective or other release
conditions under other applicable statutes or court rules,
including ordering a defendant to wear an electronic monitoring
device.
(11) As used in this section, "LEIN" means the law enforcement
information network regulated under the C.J.I.S. policy council
act, 1974 PA 163, MCL 28.211 to 28.215, or by the department of
state police.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5385 of the 97th Legislature is enacted into
law.
