HB-4799, As Passed House, December 14, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4799

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending sections 40 and 42 of chapter VII (MCL 767.40 and

767.42), section 40 as amended by 1986 PA 46.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER VII

     Sec. 40. All informations shall be filed in the court having

jurisdiction of the offense specified in the information.  after

the proper return is filed by the examining magistrate and by the

prosecuting attorney of the county as informant. The information

shall be subscribed by the prosecuting attorney or in his or her

name by an assistant prosecuting attorney.

House Bill No. 4799 (H-3) as amended December 14, 2005

Sec. 42. (1) An information shall not be filed against any

person for a felony charged before August 1, 2006 until  such  the

person has had a preliminary examination  therefor  for that felony

before an examining magistrate, as provided by law,  before an

examining magistrate, unless that person waives his or her

statutory right to an examination. If  any  a person waives his or

her statutory right to a preliminary examination without having had

the benefit of counsel at the time and place of the waiver, upon

proper and timely application by the person or his counsel, before

trial or plea of guilty, the court having jurisdiction of the cause

, in its discretion, may remand the case to a magistrate for a

preliminary examination.

     (2) An information shall not be filed against any person for a

felony charged on or after August 1, 2006 until the person has had

a conference under section [1(3)] of chapter VI unless that person

waives his or her statutory right to a conference [or the person has had

a preliminary examination as allowed under section 1(6) of chapter VI].

(3)  (2) An information may be filed without a preliminary

examination against a fugitive from justice, and any fugitive from

justice against whom an information shall be filed may be demanded

by the governor of this state of the executive authority of any

other state or territory, or of any foreign government, in the same

manner and the same proceedings may be had thereon as provided by

law in like cases of demand upon indictment filed.

     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. 4796.

     (b) House Bill No. 4800.