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MI HB4951

Bill

Status

Passed

12/31/2023

Primary Sponsor

Kara Hope

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Establishes procedures for voluntary surrender on bench warrants: persons wanted on bench warrants who voluntarily appear in court within 1 year must be arraigned within 2 hours if a judicial officer is available, with a presumption that they are not a flight risk.

  • Modifies arrest warrant issuance requirements: magistrates must issue a summons rather than a warrant except in cases involving assaultive crimes, domestic violence, flight risk concerns, public safety risk, or prosecutor request.

  • Creates 48-hour waiting period before issuing bench warrants for first-time failure to appear: courts must wait 48 hours before issuing a bench warrant unless they have specific articulable reasons (new crime, safety danger, present witnesses, sentencing, or compelling circumstances).

  • Requires release from custody after 48-72 hours: persons detained on out-of-county arrest warrants must be released if the originating county does not arrange pickup within 48 hours or complete pickup within 72 hours.

  • Adds sentencing guideline classifications for specific felonies related to assault, homicide, and controlled substance delivery in Michigan Penal Code chapters 333 and 750, establishing offense classes and statutory maximum penalties.

Legislative Description

Criminal procedure: sentencing guidelines; sentencing guidelines and other references to certain abortion crimes; amend to reflect repeal. Amends sec. 10d, ch. II, secs. 1a & 3, ch. IV, sec. 6e, ch. V, sec. 4a, ch. IX & secs. 13k, 16d & 16p, ch. XVII of 1927 PA 175 (MCL 762.10d et seq.). TIE BAR WITH: SB 0474'23, HB 4949'23

Criminal procedure: sentencing guidelines

Last Action

Assigned Pa 208'23

12/31/2023

Committee Referrals

Health Policy9/7/2023

Full Bill Text

No bill text available