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MI HB5625

Bill

Status

Introduced

12/9/2021

Primary Sponsor

Beau LaFave

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Amends MCL 763.5 to update language regarding double jeopardy protections, replacing "No person shall" with "An individual must not" and modernizing pronouns to include "or she"

  • Prohibits holding an individual to answer on a second charge or indictment for any offense for which they were acquitted on the facts and merits at trial

  • Allows a previous acquittal to be pleaded or given in evidence to bar any subsequent prosecution for the same offense

  • Adds new prohibition preventing a state from charging and trying an individual for the same offense if they were previously acquitted on the facts and merits in a federal trial

Legislative Description

Criminal procedure: double jeopardy; use of double jeopardy defense; prohibit if acquitted in federal court; prohibit. Amends sec. 5, ch. III of 1927 PA 175 (MCL 763.5).

Criminal procedure: defenses

Last Action

Bill Electronically Reproduced 12/09/2021

12/14/2021

Committee Referrals

Judiciary12/9/2021

Full Bill Text

No bill text available