March 13, 2007, Introduced by Reps. Caul, Meadows, Booher, Hansen, Moolenaar, Rick Jones, Moore, Gaffney, Hune, Nofs, Emmons and Miller and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 6b of chapter V (MCL 765.6b), as amended by
1994 PA 335.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6b. (1) A judge or district court magistrate may release
under this section a defendant subject to conditions reasonably
necessary for the protection of 1 or more named persons. If a judge
or district court magistrate releases under this section a
defendant subject to protective conditions, the judge or district
court magistrate shall make a finding of the need for protective
conditions and inform the defendant on the record, either orally or
by a writing that is personally delivered to the defendant, of the
specific conditions imposed and that if the defendant violates a
condition of release, he or she will be subject to arrest without a
warrant and may have his or her bail forfeited or revoked and new
conditions of release imposed, in addition to any other penalties
that may be imposed if the defendant is found in contempt of court.
(2) An order or amended order issued under subsection (1)
shall contain all of the following:
(a) A statement of the defendant's full name.
(b) A statement of the defendant's height, weight, race, sex,
date of birth, hair color, eye color, and any other identifying
information the judge or district court magistrate considers
(c) A statement of the date the conditions become effective.
(d) A statement of the date on which the order will expire.
(e) A statement of the conditions imposed.
(3) An order or amended order issued under this subsection and
subsection (1) may impose a condition that the defendant not
purchase or possess a firearm.
(4) The judge or district court magistrate shall immediately
direct a law enforcement agency within the jurisdiction of the
court, in writing, to enter an order or amended order issued under
subsection (1) or subsections (1) and (3) into the law enforcement
information network as provided by the L.E.I.N. policy council act
Act No. 163 of the Public Acts of 1974, being sections 28.211
to 28.216 of the Michigan Compiled Laws 1974 PA 163, MCL
28.211 to 28.216. If the order or amended order is rescinded, the
judge or district court magistrate shall immediately order the law
enforcement agency to remove the order or amended order from the
law enforcement information network.
(5) A law enforcement agency within the jurisdiction of the
court shall immediately enter an order or amended order into the
enforcement information network as provided by
Act No. 163 of the
Public Acts of 1974 the
L.E.I.N. policy council act of 1974,
1974 PA 163, MCL 28.211 to 28.216, or shall remove the order or
amended order from the law enforcement information network upon
expiration of the order or as directed by the court under
(6) If a defendant who is charged with a crime involving
domestic violence is released under this section, the judge or
district court magistrate may, after consultation with the victim,
order the defendant to carry or wear a global positioning system
device as a condition of release and to provide the victim of the
charged crime with an electronic receptor device capable of
receiving the global positioning system information from the device
carried or worn by the defendant that notifies the victim if the
defendant is located within a proximity to the victim as determined
by the judge or district court magistrate. The victim shall also be
furnished with a telephone contact with the local law enforcement
agency to request immediate assistance if the defendant is located
within that proximity to the victim. A defendant described in this
subsection shall only be released under this section if he or she
agrees to pay the cost of the device and any monitoring of the
device as a condition of release. As used in this subsection,
"domestic violence" means that term as defined in section 1 of 1978
PA 389, MCL 400.1501.
This section does not limit the
authority of judges or
district court magistrates to impose protective or other release
conditions under other applicable statutes or court rules.
Enacting section 1. This amendatory act shall be known and may
be cited as "Mary's Law".