Bill Text: MI HB4658 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: bail; interim bail bonds for misdemeanors; modify. Amends sec. 1 of 1961 PA 44 (MCL 780.581).
Spectrum: Partisan Bill (Democrat 21-1)
Status: (Introduced) 2023-05-25 - Bill Electronically Reproduced 05/24/2023 [HB4658 Detail]
Download: Michigan-2023-HB4658-Introduced.html
HOUSE BILL NO. 4658
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 section or section 2a, if a magistrate is not available or immediate trial cannot be had, the person arrested must be released on his or her own recognizance. The recognizance bond may be executed 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.
(3) A person eligible for release as provided under subsection (2) may be fingerprinted and processed at the jail before being released on his or her own recognizance. However, the period of detention allowed under this subsection must not be for any period longer than the time necessary to complete fingerprinting and processing, and may in no case exceed 3 hours.
(4) If the person is released on his or her own recognizance under subsection (2), he or she must be given a written notice that provides the time and place at which he or she must appear for an arraignment.
(5) Except as otherwise provided in section 2a, if the person arrested is alleged to have committed a serious misdemeanor, he or she 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.
(6) (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) (7) until he or she is in a proper condition to be released, or until the next session of court.
(7) (4) For purposes of subsection (3), (6), 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. person. 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 person or in the county jail. As used in this subsection, "political subdivision" means a city, village, or township.
(8) If a person is released under this section and appears in court on the date and time of his or her arraignment, the court shall presume the person is not at risk of nonappearance or absconding when it sets bond or other conditions of release at arraignment.
(9) As used in this section, "serious misdemeanor" means that term as defined in section 61 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
