Bill Text: MI SB1382 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Criminal procedure; bail; procedure for continuation of a surety bond under certain circumstances; modify. Amends sec. 26, ch. V of 1927 PA 175 (MCL 765.26).
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2010-11-30 - Adverse Roll Call [SB1382 Detail]
Download: Michigan-2009-SB1382-Engrossed.html
SB-1382, As Passed Senate, November 10, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1382
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 26 of chapter V (MCL 765.26), as amended by
2002 PA 659.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER V
Sec.
26. (1) In all a criminal cases where case in which a
person has entered into any recognizance for the personal
appearance
of another and such bail and surety afterwards desires
to be relieved from responsibility, he or she may, with or without
assistance, arrest or detain the accused and deliver him or her to
any jail or to the sheriff of any county. In making the arrest or
detainment, he or she is entitled to the assistance of any peace
officer.
(2) The sheriff or keeper of any jail is authorized to receive
the principal and detain him or her in jail until he or she is
discharged. Upon delivery of his or her principal at the jail by
the
surety, or his or her the surety's agent, or any
an officer,
the surety shall be released from the conditions of his or her
recognizance.
(3)
Whenever If the prosecuting attorney of a county is
satisfied that a person who has been recognized to appear for trial
has
absconded, or is about to abscond, and that his or her sureties
or
either of them have surety
has become worthless, or are is about
to
dispose or have disposed of their the person's property for
the
purpose
of evading the payment or the obligation of such the bond
or
recognizance or with intent to defraud their his or her
creditors,
and that if the prosecuting attorney makes a
satisfactory showing to this effect to the court having
jurisdiction
of that person, the court or judge shall promptly
grant a mittimus to the sheriff or any peace officer of that
county,
commanding him or her forthwith to arrest the person so
recognized and bring him or her before the officer issuing the
mittimus. and
on On the return of that the mittimus
the court may,
after
a hearing on the merits, order him or her the person to be
recommitted
to the county jail until such time as he or she gives
additional
and satisfactory sureties , or is
otherwise discharged.
(4) If a defendant is charged with a felony, is released on a
surety bond pending trial in any case that is pending on or after
the effective date of amendatory act that added this subsection,
and is found guilty, by plea or after trial, of a crime that is
punishable by a mandatory term of imprisonment or by life
imprisonment, the surety bond shall not be continued pending the
imposition of sentence or posttrial proceeding unless the surety or
its agent consents to the continuation of the surety either on the
record or in writing.
