SENATE BILL NO. 821


  December 2, 1997, Introduced by Senators VAN REGENMORTER,
            CHERRY, STEIL and CONROY and referred to the Committee 
       on Judiciary.
     


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   by amending section 26 (MCL 765.26).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 26.  (1) In all criminal cases where  any
              A person  or

 2     persons have  HAS entered into any recognizance for
                       the personal

 3    appearance of another and such bail and surety  shall
              afterwards

 4     desire  DESIRES to be relieved from  his
              responsibility, he OR

 5    SHE may, with or without assistance BUT IN COMPLIANCE WITH THE

 6    BAIL RECOVERY AGENT REGULATION ACT IF HE OR SHE IS SUBJECT TO

 7    THAT ACT, arrest OR DETAIN the accused and deliver him OR HER at

 8    the jail or to the sheriff of  said  THE county. 
             In making such

 9    AN arrest OR DETAINMENT, he  shall be  OR SHE IS
             entitled to the

10    assistance of  the sheriff, chief of police of any city or
              any

11    peace officer.


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 1         (2) The sheriff or keeper of any jail in  said
              A county is

 2    authorized to receive such principal and detain him OR HER in

 3    jail until he OR SHE is discharged.  in due course of law.
              Upon

 4    delivery of his OR HER principal at the jail by the surety or any

 5    officer,  such  THE surety shall be released from
             the conditions

 6    of his OR HER recognizance.

 7         (3) Whenever the prosecuting attorney of  any 
             A county

 8     shall become  IS satisfied that  any
              A person who has been rec-

 9    ognized to appear for trial has absconded, or is about to

10    abscond, and that his OR HER sureties or either of them have

11    become worthless, or are about to dispose or have disposed of

12    their property for the purpose of evading the payment or the

13    obligation of such bond or recognizance  ,  or with
             intent to

14    defraud their creditors, and such prosecuting attorney 
             shall

15     make  MAKES a satisfactory showing to this effect
                       to the court

16    having jurisdiction of  such  THAT person, 
             said  THE court or

17    judge shall forthwith grant a mittimus to the sheriff or any

18     constable of said  PEACE OFFICER OF THAT county,
             commanding him

19    OR HER forthwith to arrest the person so recognized and bring him

20    OR HER before the officer issuing  such  THE
             mittimus  ,  and on

21    the return of  said  THAT mittimus may, after a
              full  hearing on

22    the merits, order him OR HER to be recommitted to the county jail

23    until such time as he  shall give  OR SHE GIVES
             additional and

24    satisfactory sureties, or  be  IS otherwise
             discharged.

25     according to law. 

26         Enacting section 1.  This amendatory act does not take

27    effect unless Senate Bill No. 820                          



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 1                              of the 89th Legislature is enacted into

 2    law.




















































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