Bill Text: MI HB5692 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Criminal procedure; bail; detention and denial of bail after certain convictions but before sentencing; expand to include child abuse. Amends sec. 9a, ch. X of 1927 PA 175 (MCL 770.9a).

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2016-05-26 - Bill Electronically Reproduced 05/25/2016 [HB5692 Detail]

Download: Michigan-2015-HB5692-Introduced.html

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HOUSE BILL No. 5692

May 25, 2016, Introduced by Reps. Kesto, Callton, Guerra and Heise and referred to the Committee on Criminal Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 9a of chapter X (MCL 770.9a), as amended by

 

2004 PA 32.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER X

 

     Sec. 9a. (1) A defendant convicted of an assaultive crime and

 

awaiting sentence shall be detained and shall not be admitted to

 

bail unless the trial court finds by clear and convincing evidence

 

that the defendant is not likely to pose a danger to other persons

 

and that section 9b of this chapter does not apply.

 

     (2) A defendant convicted of an assaultive crime and sentenced

 

to a term of imprisonment who has filed an appeal or an application

for leave to appeal shall be detained and shall not be admitted to

 

bail unless the trial court or the court to which the appeal is

 

taken finds by clear and convincing evidence that section 9b of

 

this chapter does not apply and that both of the following exist:

 

     (a) The defendant is not likely to pose a danger to other

 

persons.

 

     (b) The appeal or application raises a substantial question of

 

law or fact.

 

     (3) As used in this section, "assaultive crime" means an

 

offense against a person described in section 81c(3), 82, 83, 84,

 

86, 87, 88, 89, 90a, 90b(a) or (b), 91, 136b(2) or (4), 200 to

 

212a, 316, 317, 321, 349, 349a, 350, 397, 411h(2)(b) or (3), 411i,

 

520b, 520c, 520d, 520e, 520g, 529, 529a, 530, or 543a to 543z of

 

the Michigan penal code, 1931 PA 328, MCL 750.81c, 750.82, 750.83,

 

750.84, 750.86, 750.87, 750.88, 750.89, 750.90a, 750.90b, 750.91,

 

750.136b, 750.200 to 750.212a, 750.316, 750.317, 750.321, 750.349,

 

750.349a, 750.350, 750.397, 750.411h, 750.411i, 750.520b, 750.520c,

 

750.520d, 750.520e, 750.520g, 750.529, 750.529a, 750.530, and

 

750.543a to 750.543z.

 

     (4) The appeal or application for leave to appeal filed by a

 

person denied bail under this section shall be expedited pursuant

 

to under rules adopted for that purpose by the supreme court.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.