Bill Text: MI HB4355 | 2019-2020 | 100th Legislature | Introduced

---

Bill Title: Criminal procedure; bail; interim bail bonds for misdemeanors; modify. Amends sec. 1 of 1961 PA 44 (MCL 780.581). TIE BAR WITH: HB 4356'19

Spectrum: Moderate Partisan Bill (Democrat 17-5)

Status: (Introduced - Dead) 2019-03-14 - Bill Electronically Reproduced 03/13/2019 [HB4355 Detail]

Download: Michigan-2019-HB4355-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4355

 

 

March 13, 2019, Introduced by Reps. Neeley, Rabhi, Haadsma, LaFave, Howell, Garrett, Yancey, Peterson, Brann, Steven Johnson, VanSingel, Kennedy, Brenda Carter, Garza, Tyrone Carter, Lasinski, Pohutsky, Sabo, Sowerby, Hoadley, Hertel and LaGrand and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 44, entitled

 

"An act to provide for the release of misdemeanor prisoners by

giving bond to the arresting officer in certain circumstances not

inconsistent with public safety; and to repeal certain acts and

parts of acts,"

 

by amending section 1 (MCL 780.581), as amended by 1990 PA 308.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) If Except in a case in which an appearance ticket

 

is issued under section 9c of chapter IV of the code of criminal

 

procedure, 1927 PA 175, MCL 764.9c, if a person is arrested without

 

a warrant for a misdemeanor or a violation of a city, village, or

 

township ordinance, and the misdemeanor or violation is punishable

 

by imprisonment for not more than 1 year, or by a fine, or both,

 

the officer making the arrest shall take, without unnecessary

 

delay, the person arrested before the most convenient magistrate of

 

the county in which the offense was committed to answer to the

complaint.for an arraignment.

 

     (2) Except as otherwise provided in this subsection and

 

section 2a, if a magistrate is not available or immediate trial

 

cannot be had in a timely manner, the person arrested may deposit

 

with the arresting officer or the direct supervisor of the

 

arresting officer or department, or with the sheriff or a deputy in

 

charge of the county jail if the person arrested is lodged in the

 

county jail, an interim bond to guarantee his or her appearance.

 

The bond shall must be a sum of money, as determined by the officer

 

who accepts the bond, not to exceed 50% of the amount of the

 

maximum possible fine but not less than 20% of the amount of the

 

minimum possible fine that may be imposed for the offense for which

 

the person was arrested. The person shall must be given a receipt

 

as provided in section 3. Instead of requiring an interim bond the

 

person may be released on his or her own recognizance. If the

 

person is released on his or her own recognizance under this

 

section he or she must be given a receipt as provided in section 3.

 

     (3) If, in the opinion of the arresting officer or department,

 

the arrested person is under the influence of intoxicating liquor

 

or a controlled substance, or a combination of intoxicating liquor

 

and a controlled substance, is wanted by police authorities to

 

answer to another charge, is unable to establish or demonstrate his

 

or her identity, or it is otherwise unsafe to release him or her,

 

the arrested person shall must be held at the place specified in

 

subsection (4) until he or she is in a proper condition to be

 

released, or until the next session of court.

 

     (4) For purposes of subsection (3), if the person is arrested

in a political subdivision that has a holding cell, holding center,

 

or lockup, the person shall must be held in that holding cell,

 

holding center, or lockup. However, if that holding facility is at

 

capacity then the person may be held in a holding cell, holding

 

center, or lockup willing to accept the prisoner. If the person is

 

arrested in a political subdivision that does not have a holding

 

cell, holding center, or lockup, the person shall must be held in a

 

holding cell, holding center, or lockup willing to accept the

 

prisoner or in the county jail. As used in this subsection,

 

"political subdivision" means a city, village, or township.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4356 (request no.

 

00774'19 a) of the 100th Legislature is enacted into law.