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MI HB5439

Bill

Status

Introduced

10/20/2021

Primary Sponsor

Stephanie Young

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Origin

House of Representatives

101st Legislature

AI Summary

  • Requires arrested persons to be brought before a magistrate for arraignment instead of "to answer to the complaint," except when an appearance ticket is issued under MCL 764.9c.

  • Mandates release on own recognizance for misdemeanor arrests when a magistrate is unavailable or immediate trial cannot be held, with recognizance executed before the arresting officer, supervisor, sheriff, or jail deputy.

  • Allows up to 3 hours detention for fingerprinting and processing before release on own recognizance, with written notice of arraignment time and place required.

  • Sets interim bond amounts for serious misdemeanors at no more than 50% of the maximum possible fine (replacing the previous 20% minimum requirement).

  • Creates a presumption that persons released under this section and appearing at arraignment are not at risk of nonappearance when courts set bail or conditions of release; takes effect 90 days after enactment.

Legislative Description

Criminal procedure: bail; interim bail bonds for misdemeanors; modify. Amends sec. 1 of 1961 PA 44 (MCL 780.581).

Criminal procedure: bail

Last Action

Bill Electronically Reproduced 10/20/2021

10/21/2021

Committee Referrals

Judiciary10/20/2021

Full Bill Text

No bill text available