Loading chat...
MI HB5805
Bill
Status
5/20/2020
Primary Sponsor
Ryan Berman
Click for details
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