SB-0932, As Passed Senate, June 4, 2014

SUBSTITUTE FOR

SENATE BILL NO. 932

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 8512, 8512a, and 8513 (MCL 600.8512,

600.8512a, and 600.8513), section 8512 as amended by 1995 PA 54,

section 8512a as added by 1984 PA 278, and section 8513 as amended

by 2008 PA 95.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 8512. (1) A district court magistrate may hear and

preside over civil infraction admissions, and admissions with

explanation, motions to set aside default or withdraw admissions,

and conduct informal hearings in civil infraction actions pursuant

to under section 746 of the Michigan vehicle code, Act No. 300 of

the Public Acts of 1949, being section 257.746 of the Michigan

Compiled Laws, 1949 PA 300, MCL 257.746, or section 8719 , or

section 8819 of this act, as applicable. In exercising the

authority conferred by this subsection, the a district court

magistrate may administer oaths, examine witnesses, and make

findings of fact and conclusions of law. If the a defendant is

determined to be responsible for a civil infraction, the district

court magistrate may impose the civil sanctions authorized by

section 907 of Act No. 300 of the Public Acts of 1949, being

section 257.907 of the Michigan Compiled Laws, section 8727, the

Michigan vehicle code, 1949 PA 300, MCL 257.907, or section 8827 of

this act, as applicable.

     (2) A district court magistrate shall not conduct an informal

hearing in a civil infraction action involving a traffic or parking

violation governed by Act No. 300 of the Public Acts of 1949, being

sections 257.1 to 257.923 of the Michigan Compiled Laws, the

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, until he

or she has successfully completed a special training course in

traffic law adjudication and sanctions. The course shall be given

periodically by the state court administrator.

     (3) A district court magistrate may exercise the authority

conferred by this section only to the extent expressly authorized

by the chief judge, presiding judge, or only judge of the district

court district.

     Sec. 8512a. Only to the extent expressly authorized by the

chief judge, presiding judge, or only judge of the district court

district, a district court magistrate may do 1 or more of the

following:

     (a) Accept an admission of responsibility, decide a motion to

set aside a default or withdraw an admission, and order civil

sanctions for a civil infraction and order an appropriate civil

sanction permitted by the statute or ordinance defining the act or

omission.

     (b) Accept a plea of guilty or nolo contendere and impose

sentence for a misdemeanor or ordinance violation punishable by a

fine and which is not punishable by imprisonment by the terms of

the statute or ordinance creating the offense.

     Sec. 8513. (1) When authorized by the chief judge of the

district and whenever a district judge is not immediately

available, a district court magistrate may conduct the first

appearance of a defendant before the court in all criminal and

ordinance violation cases, including acceptance of any written

demand or waiver of preliminary examination and acceptance of any

written demand or waiver of jury trial. However, this section does

not authorize a district court magistrate to accept a plea of

guilty or nolo contendere not expressly authorized pursuant to

under section 8511 or 8512a. A defendant neither demanding nor

waiving preliminary examination in writing is deemed to have

demanded preliminary examination and a defendant neither demanding

nor waiving jury trial in writing is considered to have demanded a

jury trial.

     (2) If authorized by the chief judge of the district, a

district court magistrate may do any of the following:

     (a) Approve and grant petitions for the appointment of an

attorney to represent an indigent defendant accused of any

misdemeanor punishable by imprisonment for not more than 1 year or

ordinance violation punishable by imprisonment.

     (b) Suspend payment of court fees by an indigent party in any

civil, small claims, or summary proceedings action, until after

judgment has been entered.

     (c) Upon written authorization of the prosecuting or city

attorney, sign a nolle prosequi , dismissing any criminal or

ordinance violation case over which the district court has

jurisdiction and release any bail bond or bail bond deposit to the

persons entitled to the bail bond or deposit. However, if the

preliminary examination or trial has commenced or a plea of guilty

or nolo contendere has been accepted by a district court judge, the

dismissal order may be entered only by that judge or his or her

alternate.

     (d) Execute and issue process to carry into effect authority

expressly granted by law to district court magistrates.

     (3) A district court magistrate, for acts done within his or

her jurisdiction as provided expressly authorized by the chief

judge and by law, has judicial immunity to the extent accorded a

district court judge.