May 17, 2005, Introduced by Reps. Van Regenmorter, Vander Veen, David Law, Newell, Jones, Hansen, Steil, Condino, McConico, Nofs, Stakoe, Huizenga, Stahl, Meisner and Lipsey and referred to the Committee on Judiciary.
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.
Sec. 42. (1)
An Except as provided in subsection (3), an
information shall not be filed against any person for a felony
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 may be filed within 7 days of arraignment
in district court against any person charged by complaint for which
an examination is not to be provided under section 1a(2) of chapter
IV.
(3) 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.
(4) (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 does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4797(request no.
01425'05).
(b) Senate Bill No.____ or House Bill No. 4800(request no.
01425'05 a).
(c) Senate Bill No.____ or House Bill No. 4796(request no.
03553'05).