Loading chat...

MI HB4795

Bill

Status

Introduced

5/5/2021

Primary Sponsor

Ryan Berman

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Oversight5/5/2021

Full Bill Text

No bill text available