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MI HB6456

Bill

Status

Introduced

10/17/2018

Primary Sponsor

David LaGrand

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

HB 6456 Summary

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary10/17/2018

Full Bill Text

No bill text available