Bill Text: MI HB4184 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Courts: district court; authority of district court magistrate; expand. Amends sec. 8512 of 1961 PA 236 (MCL 600.8512).
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2022-12-08 - Assigned Pa 242'22 [HB4184 Detail]
Download: Michigan-2021-HB4184-Introduced.html
HOUSE BILL NO. 4184
February 09, 2021, Introduced by Reps. O'Neal,
Brixie, Thanedar, Liberati, Ellison, Brenda Carter, Aiyash, Hope, Sowerby,
Tyrone Carter, Steckloff, Cavanagh, Hood, Coleman, Stone, Garza, Koleszar,
Yancey and Rabhi and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8512 (MCL 600.8512), as amended by 2014 PA 384.
the people of the state of michigan enact:
Sec. 8512. (1) A
district court magistrate may hear, and preside over, civil infraction admissions, admissions with explanation, motions
to set aside default or withdraw admissions, and conduct informal hearings any of the following in civil infraction
actions under section 746 of the Michigan vehicle code, 1949 PA 300, MCL
257.746, the Michigan Regulation and Taxation
of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, or
section 8719 or section 8819
of this act, or in civil fine actions under the
Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, as
applicable: .
(a) Admissions.
(b) Admissions
with explanation.
(c) Motions to
set aside default or withdraw admissions.
(d) Informal
hearings.
(2) In exercising the authority conferred by this subsection, under subsection (1), a district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law. If a defendant is determined to be responsible for a civil infraction, or, under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, a civil fine, the district court magistrate may impose the civil sanctions authorized by section 907 of the Michigan vehicle code, 1949 PA 300, MCL 257.907, the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430, or section 8827 of this act, as applicable.
(3) (2) A district court magistrate shall not conduct an informal hearing in a civil infraction action involving a traffic or parking violation governed by the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, until he or she has successfully completed a special training course in traffic law adjudication and sanctions. The course shall must be given periodically by the state court administrator.
(4) (3) A district court magistrate may exercise the authority conferred by this section only to the extent expressly authorized by the chief judge, presiding judge, or only judge of the district court district.
