Bill Text: MI HB5658 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Criminal procedure: prosecuting attorneys; reference to certain public health code section in code of criminal procedure; remove to reflect repeal. Amends sec. 29, ch. VII of 1927 PA 175 (MCL 767.29). TIE BAR WITH: HB 5627'20
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2020-12-02 - Referred To Committee Of The Whole [HB5658 Detail]
Download: Michigan-2019-HB5658-Engrossed.html
HOUSE BILL NO. 5658
March 12, 2020, Introduced by Reps. Howell,
Alexander, Elder and Tate and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 29 of chapter VII (MCL 767.29), as amended by 1988 PA 90.
the people of the state of michigan enact:
Sec. 29. A prosecuting attorney shall not enter a
nolle prosequi upon an indictment, or discontinue or abandon the indictment,
without stating on the record the reasons for the discontinuance or abandonment
and without the leave of the court having jurisdiction to try the offense
charged, entered in its minutes. If a defendant is charged with a major controlled substance
offense, in addition to the requirements of this section, the requirements of
section 7415 of the public health code, Act No. 368 of the Public Acts of 1978,
being section 333.7415 of the Michigan Compiled Laws, shall apply upon the
prosecuting attorney's motion to dismiss the charge.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5627 (request no. 06126'20) of the 100th Legislature is enacted into law.
