Bill Text: MI SB0005 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Criminal procedure; other; certain definitions and requirements for the manner in which data regarding recidivism are collected; provide for in the code of criminal procedure. Amends sec. 1, ch. I of 1927 PA 175 (MCL 761.1) & adds sec. 21a to ch. XVI.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-18 - Assigned Pa 0002'17 With Immediate Effect [SB0005 Detail]
Download: Michigan-2017-SB0005-Chaptered.html
Act No. 2
Public Acts of 2017
Approved by the Governor
March 30, 2017
Filed with the Secretary of State
March 31, 2017
EFFECTIVE DATE: June 29, 2017
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2017
Introduced by Senators Proos, O’Brien, Jones, Colbeck, Knollenberg, Horn, Booher, Schuitmaker, Brandenburg, Hansen, Kowall, Gregory, Johnson and Warren
ENROLLED SENATE BILL No. 5
AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 1 of chapter I (MCL 761.1), as amended by 2007 PA 20, and by adding section 21a to chapter XVI.
The People of the State of Michigan enact:
CHAPTER I
Sec. 1. As used in this act:
(a) “Act” or “doing of an act” includes an omission to act.
(b) “Clerk” means the clerk or a deputy clerk of the court.
(c) “Complaint” means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense.
(d) “County juvenile agency” means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622.
(e) “Federal law enforcement officer” means an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility is enforcing laws of the United States.
(f) “Felony” means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.
(g) “Indictment” means 1 or more of the following:
(i) An indictment.
(ii) An information.
(iii) A presentment.
(iv) A complaint.
(v) A warrant.
(vi) A formal written accusation.
(vii) Unless a contrary intention appears, a count contained in any document described in subparagraphs (i) through (vi).
(h) “Jail”, “prison”, or a similar word includes a juvenile facility in which a juvenile has been placed pending trial under section 27a of chapter IV.
(i) “Judicial district” means the following:
(i) With regard to the circuit court, the county.
(ii) With regard to municipal courts, the city in which the municipal court functions or the village served by a municipal court under section 9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928.
(iii) With regard to the district court, the county, district, or political subdivision in which venue is proper for criminal actions.
(j) “Juvenile” means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606.
(k) “Juvenile facility” means a county facility, an institution operated as an agency of the county or family division of the circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, to which a juvenile has been committed under section 27a of chapter IV.
(l) “Magistrate” means a judge of the district court or a judge of a municipal court. Magistrate does not include a district court magistrate, except that a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided in this act, the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947, or any other statute. This definition does not limit the power of a justice of the supreme court, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases under this act, or deprive him or her of the power to exercise the authority of a magistrate.
(m) “Minor offense” means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00.
(n) “Misdemeanor” means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.
(o) “Ordinance violation” means either of the following:
(i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine.
(ii) A violation of an ordinance, rule, or regulation of any other governmental entity authorized by law to enact ordinances, rules, or regulations that is punishable by imprisonment or a fine that is not a civil fine.
(p) “Person”, “accused”, or a similar word means an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.
(q) “Property” includes any matter or thing upon or in respect to which an offense may be committed.
(r) “Prosecuting attorney” means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based.
(s) “Recidivism” means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her release from incarceration, placement on probation, or conviction, whichever is later.
(t) “Taken”, “brought”, or “before” a magistrate or judge for purposes of criminal arraignment or the setting of bail means either of the following:
(i) Physical presence before a judge or district court magistrate.
(ii) Presence before a judge or district court magistrate by use of 2-way interactive video technology.
(u) “Technical parole violation” means a violation of the terms of a parolee’s parole order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law.
(v) “Technical probation violation” means a violation of the terms of a probationer’s probation order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law.
(w) “Writing”, “written”, or a similar term refers to words printed, painted, engraved, lithographed, photographed, copied, traced, or otherwise made visible to the eye.
CHAPTER XVI
Sec. 21a. Any data collected and maintained under this act regarding recidivism rates must be collected and maintained in a manner that separates the data regarding technical probation violations and technical parole violations from data on new felony and misdemeanor convictions.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
