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MI SB0468
Bill
AI Summary
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Magistrates must issue a warrant upon presentation of a proper complaint alleging an offense and finding of reasonable cause that the accused committed it.
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Reasonable cause may be established through factual allegations in the complaint, sworn testimony, affidavits, or supplemental sworn statements from the complainant or other individuals.
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Magistrates cannot refuse complaints alleging domestic violence (MCL 750.81 or 750.81a) or local ordinance violations based solely on the complaint being signed on information and belief by someone other than the victim, including former spouses, dating partners, or household members.
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Magistrates cannot refuse complaints alleging crimes against vulnerable adults on the grounds that the complaint is signed on information and belief by someone other than the victim.
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The act became effective immediately upon approval by the Governor on June 19, 2012.
Legislative Description
Criminal procedure; arrests; complainant's signature requirement to file a criminal complaint in cases alleging vulnerable adult abuse; prohibit magistrate from refusing to accept complaint because signed upon information and belief by individual other than the victim. Amends sec. 1a, ch. IV of 1927 PA 175 (MCL 764.1a).
Criminal procedure, arrests
Last Action
Assigned Pa 0177'12 With Immediate Effect
7/18/2012