MI SB1046

Police officers may issue appearance tickets and release arrested persons for misdemeanors or ordinance violations instead of taking them before a magistrate, with the ticket forwarded to court or prosecutor without delay.

Appearance tickets must not be issued for domestic violence violations, personal protection order violations, serious misdemeanors, assaultive crimes, or persons subject to mandatory confinement or bond conditions.

Officers shall issue appearance tickets for misdemeanors and ordinance violations with maximum penalties not exceeding 1 year in jail or a fine, unless exceptions apply such as refusal to follow instructions, inadequate identification, or risk of continued offense.

Officers who decline to issue a ticket must document their reason in the arrest report and forward it to the prosecutor; arrested persons must be charged or released by 3 p.m. the next day arraignments may be performed.

Appearance tickets must include defendant's cellular phone number and email address if applicable, be numbered consecutively, and consist of four parts: original complaint filed with court, abstract of court record, copy retained by enforcement agency, and copy delivered to alleged violator.