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MI HB6463
Bill
Status
10/17/2018
Primary Sponsor
Martin Howrylak
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AI Summary
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Removes the penalty threshold restriction for appearance tickets, allowing police officers to issue appearance tickets for any misdemeanor or ordinance violation instead of only those with maximum penalties not exceeding 93 days jail or a fine.
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Prohibits appearance tickets from being issued to persons arrested for domestic violence involving spouses, former spouses, dating partners, household members, or those with shared children, and to persons subject to personal protection order violations or mandatory confinement conditions.
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Requires all police agencies to develop and adopt written domestic violence response policies that must address arrest procedures, investigation standards, personal protection order verification, victim assistance, officer training, and annual policy evaluations.
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Mandates police officers consider intent to protect domestic violence victims, degree of injury, fear inflicted, and history of abuse when deciding whether to arrest one or both parties, and prohibits basing arrest decisions solely on victim consent or visible injury.
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Takes effect 90 days after enactment and is contingent upon House Bill 6461 being enacted into law.
Legislative Description
Criminal procedure; bail; reference to interim bond provision in code of criminal procedure; eliminate, and amend authority for officer to issue appearance ticket. Amends sec. 9c, ch. IV & sec. 22, ch. XVI of 1927 PA 175 (MCL 764.9c & 776.22). TIE BAR WITH: HB 6461'18
Criminal procedure: other
Last Action
Bill Electronically Reproduced 10/17/2018
11/7/2018