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MI HB4662

Bill

Status

Introduced

5/24/2023

Primary Sponsor

Greg VanWoerkom

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Adds new definitions to the Michigan Code of Criminal Procedure including "abscond" (failure to appear with intent to avoid adjudication, with a rebuttable presumption after 30 days), "nonappearance" (failure to appear without such intent), and "without unnecessary delay" (not more than 24 or 48 hours after arrest).

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

  • Permits tolling of the 18-month deadline only if the defendant waives it on record, the delay is attributable to the defendant, victim requests are accommodated by court order, acts of God occur, or good cause is found on the record (but not docket congestion).

  • Requires automatic dismissal with prejudice of charges if a defendant is not tried or a final determination is not made within 18 months and none of the tolling exceptions apply.

  • Makes courts responsible for ensuring judicial or docket delays do not result in case dismissals and becomes effective January 1, 2025.

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 05/24/2023

5/25/2023

Committee Referrals

Criminal Justice5/24/2023

Full Bill Text

No bill text available