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MI HB5805

Bill

Status

Introduced

5/20/2020

Primary Sponsor

Ryan Berman

Click for details

Origin

House of Representatives

100th Legislature

AI Summary

  • Adds definition of "emergency motion" to MCL 761.1, covering motions alleging deprivation of liberty, constitutional violations, or irreparable harm to the defendant.

  • Requires courts to hear emergency motions involving deprivation of liberty within 24 hours of filing, and all other emergency motions within 48 hours.

  • Mandates emergency motions include the basis for emergency status, whether notice was provided to prosecution, the remedy requested, and be provided in writing by mail, personal delivery, or electronic communication.

  • Allows courts to hear emergency motions ex parte in probation violation and post-conviction contempt matters, with prosecution receiving notice and opportunity to be heard within 24 or 48 hours accordingly.

  • Emergency motions must receive calendar precedence and be heard by the assigned judge, chief judge, or any available judge; excludes standard bond motions and permits courts to deny duplicate motions based on identical allegations.

Legislative Description

Courts; judges; hearings on emergency motions by defendant in criminal cases; provide for. Amends sec. 1, ch. I of 1927 PA 175 (MCL 761.1) & adds sec. 12 to ch. III.

Courts: judges

Last Action

Bill Electronically Reproduced 05/20/2020

5/21/2020

Committee Referrals

Judiciary5/20/2020

Full Bill Text

No bill text available