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MI SB1047

Bill

Status

Passed

12/30/2020

Primary Sponsor

Jeff Irwin

Click for details

Origin

Senate

100th Legislature

AI Summary

  • Establishes a 48-hour waiting period before courts can issue bench warrants for a defendant's first failure to appear, except in assaultive crimes or domestic violence cases; creates rebuttable presumption allowing defendant time to voluntarily appear.

  • Requires courts to issue an order to show cause instead of a warrant when defendant fails to appear on an appearance ticket, unless court has specific articulable reason to suspect new crime, willful avoidance, or danger to persons or property.

  • Allows persons who voluntarily present to court within 1 year of warrant issuance to be arraigned within 2 hours if judicial officer available; presumes person is not flight risk for bond setting purposes.

  • Mandates release of persons detained on out-of-county warrants if originating county fails to arrange pickup within 48 hours or pick up person within 72 hours of detention.

  • Requires district courts and county jails to establish communication and hearing protocols for processing individuals detained on warrants from other counties; effective April 1, 2021.

Legislative Description

Criminal procedure: warrants; procedures related to the issuance of bench warrants for failure to appear and for other processes related to arrest warrants; amend. Amends secs.1, 1a & 9e, ch. IV of 1927 PA 175 (MCL 764.1 et seq.) & adds sec. 10d to ch. 11, secs. 3 & 6f to ch. IV & sec. 6e to ch. V.

Criminal procedure: warrants

Last Action

Assigned Pa 0394'20

12/30/2020

Committee Referrals

Judiciary12/8/2020
Judiciary And Public Safety7/23/2020

Full Bill Text

No bill text available