HOUSE BILL No. 4356

 

 

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.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              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

 


custody.

 

     (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.