House Bill 4496

Sponsor: Rep. Gilda Jacobs

Complete to 11-1-00

A SUMMARY OF HOUSE BILL 4496 AS INTRODUCED 4-20-99

The Revised Judicature Act sets the venue for civil infractions. Venue is the designation of the particular county or city where a court with jurisdiction may hear and determine the case. In actions for civil infractions, the venue is generally determined by, and is in, the county, district, or political subdivision where the infraction occurred.

House Bill 4496 would amend the Revised Judicature Act to allow an alternative means for determining venue in counties that contained more than one judicial district. The bill would allow the state court administrator at the direction of the supreme court, the Department of State Police, and the local funding unit for a judicial district within the county to enter an agreement designating a judicial district as the venue for some or all of the traffic violation civil infractions that were issued within the county by the state police. The agreement would be subject to the approval of each of the local funding units for judicial districts that would otherwise have had venue. Furthermore, the agreement would not take precedence over the Code of Criminal Procedure's requirement that, following a warrantless arrest, an accused person be taken before the judge or magistrate of the judicial district where the offense was committed. More than one district could be designated as a district of venue, but a separate agreement would have to be provided for each designation. The agreement could be amended by the parties and would take effect on the date agreed upon by the parties. Any one of the three parties to the agreement could cancel the agreement; however, the party canceling the agreement would have to give at least 180 days prior notice to the other parties.

The bill would specifically prohibit the funding unit for the 36th Judicial District (Detroit) from entering into an agreement under the bill.

MCL 600.8312

Analyst: W. Flory

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.