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MI HB4795
Bill
Status
5/5/2021
Primary Sponsor
Ryan Berman
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AI Summary
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Adds definition of "emergency motion" to the Code of Criminal Procedure as a motion filed by a defendant alleging need for emergency hearing due to deprivation of liberty, constitutional violation, or irreparable harm.
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Requires courts to hear emergency motions involving deprivation of liberty within 24 hours of filing and all other emergency motions within 48 hours of filing.
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Mandates emergency motions include statement of emergency basis, notice to prosecution, remedy requested, and be provided in writing by mail, personal delivery, or electronic communication.
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Allows ex parte hearings in probation violation and post-conviction contempt matters, with prosecution receiving notice and opportunity to be heard within 24 or 48 hours respectively.
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Excludes standard bond motions from emergency motion requirements and allows courts to deny subsequent emergency motions based on same allegations without hearing.
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
Referred To Second Reading
6/9/2022