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MI HB5438

Bill

Status

Introduced

10/20/2021

Primary Sponsor

Greg VanWoerkom

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Adds new definitions to the Code of Criminal Procedure including "abscond" (failure to appear with intent to avoid adjudication), "nonappearance" (failure to appear without such intent), and "without unnecessary delay" (not more than 24 hours after arrest, or 48 hours with good cause).

  • Establishes an 18-month deadline for trial and final determination of charges, measured from arrest or issuance of an appearance ticket.

  • Permits tolling of the 18-month deadline if the defendant waives the time period, delay is attributable to the defendant, delay accommodates victim requests, delay results from acts of God, or other good cause exists on the record (excluding docket congestion).

  • Requires automatic dismissal without prejudice of charges if trial and final determination do not occur within 18 months and none of the tolling exceptions apply.

  • Makes the court responsible for preventing judicial or docket delays from causing case dismissal and takes effect 90 days after enactment.

Legislative Description

Criminal procedure: other; certain definitions in the code of criminal procedure and time period required for disposition of criminal charges; provide for. Amends sec. 1, ch. I & sec. 1, ch. VIII of 1927 PA 175 (MCL 761.1 & 768.1).

Criminal procedure: other

Last Action

Bill Electronically Reproduced 10/20/2021

10/21/2021

Committee Referrals

Judiciary10/20/2021

Full Bill Text

No bill text available