MUNICIPAL COURT APPEALS - H.B. 5271: FLOOR ANALYSIS

House Bill 5271 (as reported without amendment)

Sponsor: Representative William Callahan

House Committee: Judiciary

Senate Committee: Judiciary

CONTENT

The bill would amend the Code of Criminal Procedure to incorporate changes in the municipal court appeals process proposed by Senate Bill 752 (to which the House bill is tie-barred).

Currently, an appeal in a criminal case from a city's municipal court to the circuit court is a de novo proceeding (that is, a new trial is required). Senate Bill 752 would amend the Michigan Uniform Municipal Court Act to provide that a city maintaining a municipal court could adopt a resolution that all appeals from the municipal court would not be a de novo proceeding (that is, the circuit court would base its decision on the record of the original trial). The city would have to agree to assume any local financial obligations that could arise out of the appeal.

The Code of Criminal Procedure specifies that, in a misdemeanor or ordinance violation case tried in the district court, there is a right of appeal to the circuit court. The House bill would include in this provision a case tried in a municipal court in a city that adopted a resolution of approval under Senate Bill 752. Under the Code, in a misdemeanor or ordinance violation case appealable to the circuit court, a motion for a new trial must be made within 20 days. Under House Bill 5271, this provision also would apply to cases appealable from a municipal court in a city that adopted a resolution under Senate Bill 752.

The Code provides that a defendant convicted in a municipal court may appeal to the circuit court for a trial de novo, even if the sentence has been suspended or the fine or costs, or both, have been paid. If a defendant who appeals a conviction in municipal court is found not guilty on appeal in the circuit court, the circuit court must discharge the defendant. If a defendant takes an appeal from a municipal court and withdraws the appeal, or if the circuit court dismisses the appeal, leaving the municipal court conviction in effect, the circuit court may direct that the municipal court's sentence be carried out. Under the House bill, these provisions would apply to a case in a municipal court in a city that did not adopt a resolution under Senate Bill 752.

MCL 770.2 et al. - Legislative Analyst: P. Affholter

FISCAL IMPACT

The bill would have no fiscal impact on State government. The bill would increase costs to municipal courts but result in overall administrative savings due to the reduced time of proceedings in circuit court. There are five municipal courts in Michigan (Eastpointe, Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Park, and Grosse Pointe Shores and Woods).

Date Completed: 9-17-98 - Fiscal Analyst: B. BowermanFLOOR\HB5271 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.