HB-4796, As Passed House, December 14, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4796

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending sections 1 and 4 of chapter VI (MCL 766.1 and 766.4),

section 4 as amended by 1994 PA 167.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER VI

     Sec. 1. (1)  The  Except as provided in subsection (2), the

state and accused  shall be  are entitled to a prompt examination

and determination by the examining magistrate in all criminal

causes and  it is hereby made the duty of all courts and public

officers having duties to perform in connection with such

examination, to bring them to a final determination without delay

except as it may be necessary to secure to the accused a fair and

impartial examination.

     (2) The accused is not entitled to an examination under

subsection (1) for a felony charged on or after August 1, 2006. The

accused is entitled to a conference under subsection (3) for a

felony charged on or after August 1, 2006.

     (3) If an individual is charged on or after August 1, 2006

with committing a felony, the court shall set a day for a

conference on the matter not exceeding 14 days after arraignment to

allow an opportunity for the prosecuting attorney and the defendant

and his or her attorney to review the charges, discuss bail, and

determine the procedural aspects of the case. Probable cause is not

required to be shown during the conference. The prosecuting

attorney, the defendant, and the defendant's attorney shall be

ordered to attend the conference unless the conference is waived by

the defendant. In accordance with the crime victim's rights act,

1985 PA 87, MCL 780.751 to 780.834, the victim shall be notified of

the conference and have an opportunity to discuss the conference

with the prosecuting attorney before the conference is held. The

court may preside over the conference. If the court does not

preside over the conference, the judge shall be available during

the period in which the conference is held to dispose of any plea

agreement or to determine bail. Subject to subsection (5), the

rules of evidence do not apply to a conference held under this

subsection, and witnesses shall not be presented. The prosecuting

attorney shall provide the defendant and his or her attorney with

all of the following information relating to the case before or

during a conference held under this subsection and, if additional

information is obtained after the conference, promptly after that

House Bill No. 4796 (H-6) as amended December 14, 2005

information is obtained:

     (a) A copy of each investigative report prepared by or on

behalf of law enforcement.

     (b) A copy of each witness statement.

     (c) A copy of each recorded confession and, if the confession

was transcribed, a copy of that transcription.

     (4) Except as otherwise provided in subsection (3), the

prosecuting attorney and the defendant remain subject to the rules

for discovery under the Michigan rules of court.

     (5) If an individual is charged with committing a felony for

which a conference is to be held under this section, the

prosecuting attorney or the defendant may petition the court for an

order allowing him or her to question any witness for the purpose

of preserving the witness's testimony for the record. The court

shall grant the petition for good cause shown. It is a rebuttable

presumption that a request by the prosecuting attorney to preserve

testimony is for good cause. If the court grants the petition, the

court shall order the witness to be examined under this subsection.

The court shall preside over the examination. The rules of evidence

shall apply to the examination, and cross-examination of the

witness shall be allowed.

[(6) Upon a motion by either the prosecuting attorney or the accused, the court for good cause may order a preliminary examination where the statutory maximum for the underlying felony is imprisonment for 10 years or more. A motion under this subsection shall be made no later than 14 days from the date of arraignment. the court sHall set the date for the examination.]

     Sec. 4. Except as otherwise provided in section 1 of this

chapter and section 4 of chapter XIIA of  Act No. 288 of the Public

Acts of 1939, being section 712A.4 of the Michigan Compiled Laws

the probate code of 1939, 1939 PA 288, MCL 712A.4, the magistrate

before whom any person is arraigned on a charge of having committed

a felony shall set a day for a preliminary examination not

exceeding 14 days after the arraignment. At the preliminary

examination, a magistrate shall examine the complainant and the

witnesses in support of the prosecution, on oath and, except as

provided in section 2167 of the revised judicature act of 1961,

Act No. 236 of the Public Acts of 1961, being section 600.2167 of

the Michigan Compiled Laws  1961 PA 236, MCL 600.2167, in the

presence of the accused, in regard to the offense charged and in

regard to any other matters connected with the charge that the

magistrate considers pertinent.

     Enacting section 1. This amendatory act takes effect August 1,

2006.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 4799.

     (b) House Bill No. 4800.