Bill Text: MI SB0903 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Courts; district court; venue for traffic civil infractions issued by state police in certain counties; revise. Amends sec. 8312 of 1961 PA 236 (MCL 600.8312).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-10-15 - Referred To Committee On Judiciary [SB0903 Detail]
Download: Michigan-2009-SB0903-Introduced.html
SENATE BILL No. 903
October 15, 2009, Introduced by Senator JACOBS and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8312 (MCL 600.8312).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8312. (1) In a district of the first class, venue in
criminal actions for violations of state law and all city, village,
or township ordinances shall be in the county where the violation
took place.
(2) In a district of the second class, venue in criminal
actions for violations of state law and all city, village, or
township ordinances shall be in the district where the violation
took place.
(3) In a district of the third class, venue in criminal
actions for violations of state law and all city, village, or
township ordinances shall be in the political subdivision where the
violation took place, except that when the violation is alleged to
have taken place within a political subdivision where the court is
not required to sit, the action may be tried in any political
subdivision within the district where the court is required to sit.
(4) With regard to state criminal violations cognizable by the
district court, the following special provisions shall apply:
(a) If an offense is committed on the boundary of 2 or more
counties, districts, or political subdivisions or within 1 mile
thereof, venue is proper in any of the counties, districts, or
political subdivisions concerned.
(b) If an offense is committed in or upon any railroad train,
automobile, aircraft, vessel, or other conveyance in transit, and
it cannot readily be determined in which county, district, or
political subdivision the offense was committed, venue is proper in
any county, district, or political subdivision through or over
which the conveyance passed in the course of its journey.
(5) Venue in civil actions, other than civil infraction
actions, shall be governed by sections 1601 to 1659 except that for
purposes of this subsection all references to "county" in sections
1601 to 1659 shall mean "district" with respect to districts of the
second and third class.
(6) Venue in civil infraction actions shall be determined as
follows:
(a) In a district of the first class, venue shall be in the
county where the civil infraction occurred.
(b) In a district of the second class, venue shall be in the
district where the civil infraction occurred.
(c) In a district of the third class, venue shall be in the
political subdivision where the civil infraction occurred, except
that when the violation is alleged to have taken place within a
political subdivision where the court is not required to sit, the
action may be heard or an admission entered in any political
subdivision within the district where the court is required to sit.
(7) Notwithstanding subsections (1) to (6), and subject to
section 13 of chapter IV of the code of criminal procedure, MCL
764.13, in a county that contains more than 1 judicial district,
the state court administrator at the direction of the supreme
court, the department of state police, and the local funding unit
for a judicial district within the county may agree to designate
that district as being a district for venue for some or all actions
arising out of a citation issued within that county by the
department of state police for a violation of the Michigan vehicle
code, 1949 PA 300, MCL 257.1 to 257.923. An agreement entered into
under this subsection is not valid unless it is approved by each of
the local funding units for judicial districts that would otherwise
have been the district of venue for actions described in the
agreement. If an agreement is entered into under this subsection,
venue for an action described in the agreement shall be as
determined in the agreement. More than 1 district in the county may
be designated as a district of venue under this subsection, but a
separate agreement is required for each designation. An agreement
under this subsection shall be effective on a date agreed upon by
the parties and may be modified by agreement of the parties. An
agreement under this subsection may be canceled by any of the 3
parties, subject to giving at least 180 days' prior notice of
intent to cancel to both of the other parties. The funding unit for
the thirty-sixth judicial district shall not enter into an
agreement for that judicial district under this subsection.
(8) (7)
For purposes of venue, a city which is located in more
than 1 county and which is placed in 1 district of the first class
by
chapter 81 , shall be considered a part of that county which
contains the greater portion of its population.
