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MI HB6456
Bill
Status
10/17/2018
Primary Sponsor
David LaGrand
Click for details
AI Summary
HB 6456 Summary
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Replaces the bail procedure in Michigan's Criminal Procedure Act by removing the requirement that courts make findings on specific factors (seriousness of offense, public protection, defendant's dangerousness, and probability of appearance) and instead mandates courts consider a comprehensive 11-factor test when determining bail amounts.
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Establishes that courts must release defendants on personal recognizance bonds absent preponderance of evidence that the defendant poses undue danger to the community or presents significant risk of willful failure to appear.
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Requires courts to consider factors including prior criminal and juvenile history, record of appearance/nonappearance, substance abuse history, mental condition, employment and financial status, community ties, and pretrial risk assessment instrument scores when setting bail for defendants who do not qualify for personal recognizance release.
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Becomes effective 90 days after enactment, but only if companion bills HB 6455, HB 6457, HB 6458, and HB 6460 are also enacted into law.
Legislative Description
Criminal procedure; bail; procedure for bail hearings and criteria a court must consider; amend. Amends sec. 6, ch. V of 1927 PA 175 (MCL 765.6). TIE BAR WITH: HB 6455'18, HB 6457'18, HB 6458'18, HB 6460'18
Criminal procedure: bail
Last Action
Bill Electronically Reproduced 10/17/2018
11/7/2018