Bill Text: MI SB0468 | 2011-2012 | 96th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Criminal procedure; arrests; complainant's signature requirement to file a criminal complaint in cases alleging vulnerable adult abuse; prohibit magistrate from refusing to accept complaint because signed upon information and belief by individual other than the victim. Amends sec. 1a, ch. IV of 1927 PA 175 (MCL 764.1a).

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2012-07-18 - Assigned Pa 0177'12 With Immediate Effect [SB0468 Detail]

Download: Michigan-2011-SB0468-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 468

 

 

June 15, 2011, Introduced by Senators HANSEN, HILDENBRAND, EMMONS, PROOS, JONES, MARLEAU and SCHUITMAKER and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 1a of chapter IV (MCL 764.1a), as amended by

 

2005 PA 106.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER IV

 

     Sec. 1a. (1) A magistrate shall issue a warrant upon

 

presentation of a proper complaint alleging the commission of an

 

offense and a finding of reasonable cause to believe that the

 

individual accused in the complaint committed that offense. The

 

complaint shall be sworn to before a magistrate or clerk.

 

     (2) The finding of reasonable cause by the magistrate may be

 

based upon 1 or more of the following:

 

     (a) Factual allegations of the complainant contained in the

 

complaint.

 

     (b) The complainant's sworn testimony.

 

     (c) The complainant's affidavit.

 

     (d) Any supplemental sworn testimony or affidavits of other

 

individuals presented by the complainant or required by the

 

magistrate.

 

     (3) The magistrate may require sworn testimony of the

 

complainant or other individuals. Supplemental affidavits may be

 

sworn to before an individual authorized by law to administer

 

oaths. The factual allegations contained in the complaint,

 

testimony, or affidavits may be based upon personal knowledge,

 

information and belief, or both.

 

     (4) The magistrate shall not refuse to accept a complaint

 

alleging a violation of section 81 or 81a of the Michigan penal

 

code, 1931 PA 328, MCL 750.81 and 750.81a, or a violation of a

 

local ordinance substantially corresponding to section 81 of the

 

Michigan penal code, 1931 PA 328, MCL 750.81, by the spouse of the

 

victim, a former spouse of the victim, an individual with whom the

 

victim has had a child in common, an individual with whom the

 

victim has or has had a dating relationship, or an individual

 

residing or having resided in the same household as the victim on

 

grounds that the complaint is signed upon information and belief by

 

an individual other than the victim.

 

     (5) The magistrate shall not refuse to accept a complaint

 

alleging that a crime was committed in which the victim is a

 

vulnerable adult on the grounds that the complaint is signed upon

 

information and belief by an individual other than the victim.

 

     (6) (5) A warrant may be issued under this section only upon

 

compliance with the requirements of section 1 of this chapter.

 

     (7) (6) As used in this section: , "dating

 

     (a) "Dating relationship" means frequent, intimate

 

associations primarily characterized by the expectation of

 

affectional involvement. Dating relationship does not include a

 

casual relationship or an ordinary fraternization between 2

 

individuals in a business or social context.

 

     (b) "Vulnerable adult" means that term as defined in section

 

145m of the Michigan penal code, 1931 PA 328, MCL 750.145m.