March 13, 2019, Introduced by Reps. Steven Johnson, Rabhi, Haadsma, LaFave, Howell, Neeley, Garrett, Yancey, Peterson, Brann, VanSingel, Kennedy, Brenda Carter, Garza, Tyrone Carter, Pohutsky, Lasinski, Sabo, Sowerby, Hoadley, Hertel and LaGrand and referred to the Committee on Judiciary.


     A bill to amend 1927 PA 175, entitled


"The code of criminal procedure,"


by amending section 9c of chapter IV (MCL 764.9c), as amended by


2001 PA 208.




                              CHAPTER IV


     Sec. 9c. (1) Except as provided in subsection (3), if a police


officer has arrested a person without a warrant for a misdemeanor


or ordinance violation for which the maximum permissible penalty


does not exceed 93 days in jail or a fine, or both, instead of


taking the person before a magistrate and promptly filing a


complaint as provided in section 13 of this chapter, the officer


may issue to and serve upon the person an appearance ticket as


defined in section 9f of this chapter and release the person from




     (2) A public servant other than a police officer, who is


specially authorized by law or ordinance to issue and serve


appearance tickets with respect to a particular class of offenses


of less than felony grade, may issue and serve upon a person an


appearance ticket if the public servant has reasonable cause to


believe that the person has committed an offense.


     (3) An appearance ticket shall must not be issued to any of


the following:


     (a) A person arrested for a violation of section 81 or 81a of


the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a


local ordinance substantially corresponding to section 81 of the


Michigan penal code, 1931 PA 328, MCL 750.81, if the victim of the


assault is the offender's spouse, former spouse, an individual who


has had a child in common with the offender, an individual who has


or has had a dating relationship with the offender, or an


individual residing or having resided in the same household as the


offender. As used in this subdivision, "dating relationship" means


frequent, intimate associations primarily characterized by the


expectation of affectional involvement. This term does not include


a casual relationship or an ordinary fraternization between 2


individuals in a business or social context.


     (b) A person subject to detainment for violating a personal


protection order.


     (c) A person subject to a mandatory period of confinement,


condition of bond, or other condition of release until he or she


has served that period of confinement or meets that requirement of

bond or other condition of release.


     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.


     Enacting section 2. This amendatory act does not take effect


unless Senate Bill No.____ or House Bill No. 4355 (request no.


00774'19) of the 100th Legislature is enacted into law.