SENATE BILL No. 1078

 

 

January 21, 2010, Introduced by Senators GARCIA, VAN WOERKOM, CROPSEY and NOFS and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 1 of chapter III and section 11a of chapter VI

 

(MCL 763.1 and 766.11a), section 11a of chapter VI as added by 2004

 

PA 20.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER III

 

     Sec. 1. (1) On the trial of every indictment or other criminal

 

accusation, the party accused shall be allowed to be heard by

 

counsel and may defend himself or herself, and he shall have has a

 

right to produce witnesses and proofs in his or her favor, and,

 

except as provided in subsection (2), meet the witnesses who are

 

produced against him face to face or her.


 

     (2) On motion of either party, the court shall permit the

 

testimony of an expert witness or, upon a showing of good cause,

 

any witness to be conducted by means of telephonic, voice, or video

 

conferencing.

 

CHAPTER VI

 

     Sec. 11a. On motion of either party, the magistrate may shall

 

permit the testimony of an expert witness or, upon a showing of

 

good cause, any witness to be conducted by means of telephonic,

 

voice, or video conferencing.