May 17, 2005, Introduced by Reps. McConico, Elsenheimer and Van Regenmorter and referred to the Committee on Judiciary.
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) if the prosecuting attorney files a complaint for
which an examination is not to be provided under section 1a(2) of
chapter IV.
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.