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MI SB1047
Bill
AI Summary
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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.
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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.
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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.
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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.
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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