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MI HB5154
Bill
Status
5/21/2014
Primary Sponsor
Thomas Leonard
Click for details
AI Summary
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District court magistrates are prohibited from presiding at preliminary examinations, accepting guilty pleas, or imposing sentences except as authorized under specific sections of the revised judicature act.
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Establishes a mandatory probable cause conference to be held 7-14 days after arraignment on felony charges, followed by a preliminary examination 5-7 days after the conference, with both dates set at the time of arraignment.
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Allows the probable cause conference to be waived by agreement between the prosecuting attorney and defense counsel, and permits district judges to accept felony pleas if a plea agreement is reached with the circuit judge assigned for sentencing before the plea is taken.
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Permits witness testimony at preliminary examinations via telephonic, video, or voice conferencing for all witnesses except the complaining witness, alleged eyewitnesses, and law enforcement officers to whom incriminating statements were allegedly made.
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Allows hearsay evidence including drug analysis reports, court records, business records, and law enforcement reports (except police investigative reports) to be admitted at preliminary examinations without requiring the author's testimony, though either party may subpoena witnesses for live testimony upon showing relevance to probable cause.
Legislative Description
Criminal procedure; preliminary examination; certain rules and procedures for conducting a preliminary examination; revise. Amends secs. 1, 4, 7, 11a, 11b & 13, ch. VI of 1927 PA 175 (MCL 766.1 et seq.). TIE BAR WITH: HB 5155'13
Criminal procedure, evidence
Last Action
Assigned Pa 123'14 With Immediate Effect
5/21/2014