HOUSE BILL No. 4238


     February 9, 1999, Introduced by Reps. Stamas, Pumford, Birkholz, Bovin, Kukuk and Julian and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   by amending section 27 of chapter IX (MCL 769.27) and by adding

   section 1g to chapter IX.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                CHAPTER IX

 2         SEC. 1G.  (1) A JUDGMENT OF SENTENCE COMMITTING AN INDIVID-

 3    UAL TO THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS SHALL

 4    SPECIFY WHETHER THE SENTENCE IS TO RUN CONSECUTIVELY TO OR CON-

 5    CURRENTLY WITH ANY OTHER SENTENCE THE DEFENDANT IS OR WILL BE

 6    SERVING, AS PROVIDED BY LAW.

 7         (2) UPON SENTENCING A DEFENDANT, THE COURT SHALL PROVIDE A

 8    COPY OF THE JUDGMENT OF SENTENCE TO THE PROSECUTING ATTORNEY, THE

 9    DEFENDANT, AND THE DEFENDANT'S COUNSEL.



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 1         (3) THE PROSECUTING ATTORNEY OR THE DEFENDANT'S COUNSEL, OR

 2    THE DEFENDANT IF HE OR SHE IS NOT REPRESENTED, MAY FILE AN OBJEC-

 3    TION TO THE JUDGMENT OF SENTENCE WITHIN 14 DAYS AFTER RECEIVING

 4    IT.  THE COURT SHALL PROMPTLY HOLD A HEARING ON ANY OBJECTION

 5    FILED.  THE PROCEDURE FOR REVIEWING A JUDGMENT OF SENTENCE PRO-

 6    VIDED IN THIS SUBSECTION IS IN ADDITION TO ANY OTHER REVIEW PRO-

 7    CEDURE AUTHORIZED BY STATUTE OR COURT RULE.

 8         Sec. 27.  In the event that  IF THE COURT CHANGES any sen-

 9    tence imposed under  and by virtue of the provisions of  this act

10     shall be changed  in any respect,  by the sentencing judge, it

11     shall be the duty of  the clerk of the court  of said judge to 

12    SHALL give written notice of the change to the prosecuting

13    attorney, THE DEFENDANT, AND THE DEFENDANT'S COUNSEL.  In the

14     event that the  THE prosecuting attorney  desires to oppose  OR

15    THE DEFENDANT'S COUNSEL, OR THE DEFENDANT IF HE OR SHE IS NOT

16    REPRESENTED, SHALL FILE ANY OBJECTION TO the change  , he shall

17     file an application,  within  5  14 days after receiving  such 

18    THE notice.  , and in such a case shall be entitled to be heard

19     in open court upon the merits of the change.  THE COURT SHALL

20    PROMPTLY HOLD A HEARING ON ANY OBJECTION FILED.

















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