May 7, 2014, Introduced by Senators JONES, HANSEN, NOFS and PROOS and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 8511, 8512, 8512a, and 8513 (MCL 600.8511,
600.8512, 600.8512a, and 600.8513), sections 8511 and 8513 as
amended by 2008 PA 95, section 8512 as amended by 1995 PA 54, and
section 8512a as added by 1984 PA 278.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8511. A district court magistrate has the following
jurisdiction and duties:
(a) To arraign and sentence upon pleas of guilty or nolo
contendere
for violations of the following acts or parts of acts,
laws, or a local ordinance substantially corresponding to these
acts
or parts of acts, laws, when authorized by the chief judge of
the district court district and if the maximum permissible
punishment does not exceed 90 days in jail or a fine, or both:
(i) Part 487 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.48701 to 324.48740.
(ii) Part 401 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.40101 to 324.40119.324.41120.
(iii) Part 801 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.80101 to 324.80199.
(iv) The motor carrier act, 1933 PA 254, MCL 475.1 to 479.43.
(v) Motor carrier safety act of 1963, 1963 PA 181, MCL 480.11
to 480.25.
(vi) Dog law of 1919, 1919 PA 339, MCL 287.261 to 287.290.
(vii) Section 703 or 915 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1703 and 436.1915.
(viii) Part 5 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.501 to 324.511.324.513.
(ix) Part 89 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.8901 to 324.8907.
(x) Part 435 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.43501 to 324.43561.
(xi) Part 731 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.73101 to 324.73111.
(xii) Chapter LXXXV of the Michigan penal code, 1931 PA 328,
MCL
750.546 to 750.552.750.552c.
(b)
To In addition to civil
infraction matters described in
section 8512, to arraign and sentence upon pleas of guilty or nolo
contendere for violations of the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, or a local ordinance substantially
corresponding to a provision of the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, except for violations of sections 625
and 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and
257.625m, or a local ordinance substantially corresponding to
section 625 or 625m of the Michigan vehicle code, 1949 PA 300, MCL
257.625 and 257.625m, when authorized by the chief judge of the
district court district and if the maximum permissible punishment
does not exceed 93 days in jail or a fine, or both. However, the
magistrate may have the jurisdiction to arraign defendants and set
bond with regard to violations of sections 625 and 625m of the
Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.625m, or a
local ordinance substantially corresponding to section 625 or 625m
of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and
257.625m.
(c) To arraign and sentence upon pleas of guilty or nolo
contendere for violations of part 811 or 821 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.81101 to 324.81150 and 324.82101 to 324.82160, or a local
ordinance substantially corresponding to a provision of part 811 or
821 of the natural resources and environmental protection act, 1994
PA 451, MCL 324.81101 to 324.81150 and 324.82101 to 324.82160,
except for violations of sections 81134, 81135, 82128, and 82129 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.81134, 324.81135, 324.82128, and 324.82129, or a local
ordinance substantially corresponding to sections 81134, 81135,
82128, and 82129 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81134, 324.81135, 324.82128,
and 324.82129, when authorized by the chief judge of the district
court district and if the maximum permissible punishment does not
exceed 93 days in jail or a fine, or both. However, the magistrate
may have the jurisdiction to arraign defendants and set bond with
regard to violations of sections 81134, 81135, 82128, and 82129 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.81134, 324.81135, 324.82128, and 324.82129.
(d) To arraign, when authorized by the chief judge of the
district court district, for a contempt violation or a violation of
a condition of probation when either arises directly out of a case
for which a judge or district court magistrate conducted the
arraignment under subdivision (a), (b), or (c), or the first
appearance under section 8513, involving the same defendant. This
subdivision applies only to offenses punishable by imprisonment for
not more than 1 year or a fine, or both. The district court
magistrate may set bond and accept a plea but may not conduct a
violation hearing or sentencing.
(e) To issue warrants for the arrest of a person upon the
written authorization of the prosecuting or municipal attorney,
except written authorization shall not be required for a vehicle
law or ordinance violation within the jurisdiction of the
magistrate if a police officer issued a traffic citation pursuant
to section 728 of the Michigan vehicle code, 1949 PA 300, MCL
257.728, and the defendant failed to appear.
(f) To fix bail and accept bond in all cases.
(g) To issue search warrants, when authorized to do so by a
district court judge.
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.