SENATE BILL NO. 1046

July 23, 2020, Introduced by Senators VICTORY, SANTANA, CHANG, WOJNO, BAYER, BULLOCK, ALEXANDER, IRWIN, MOSS, MCMORROW, GEISS, MCCANN, BRINKS, POLEHANKI, HERTEL and DALEY and referred to the Committee on Judiciary and Public Safety.

"The code of criminal procedure,"

by amending sections 9c and 9f of chapter IV (MCL 764.9c and 764.9f), section 9c of chapter IV as amended by 2001 PA 208 and section 9f of chapter IV as amended by 1999 PA 76.

the people of the state of michigan enact:

CHAPTER IV

Sec. 9c. (1) Except as provided in subsection (3), if a police officer has arrested a person without a warrant for a misdemeanor or ordinance violation, for which the maximum permissible penalty does not exceed 93 days in jail or a fine, or both, instead of taking the person before a magistrate and promptly filing a complaint as provided in section 13 of this chapter, the officer may issue to and serve upon the person an appearance ticket as defined in section 9f of this chapter and release the person from custody. The police report created in connection with the issuance of an appearance ticket under this section must be forwarded to the appropriate prosecuting authority not more than 48 hours after the issuance of the ticket if the ticket was issued on a weekday, or not more than 72 hours after the issuance of the ticket if the ticket was issued on a weekend day or a holiday.

(2) A public servant other than a police officer, who is specially authorized by law or ordinance to issue and serve appearance tickets with respect to a particular class of offenses of less than felony grade, may issue and serve upon a person an appearance ticket if the public servant has reasonable cause to believe that the person has committed an offense.

(3) An appearance ticket shall must not be issued to any of the following:

(a) A person arrested for a violation of section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a local ordinance substantially corresponding to section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81, if the victim of the assault is the offender's spouse, former spouse, an individual who has had a child in common with the offender, an individual who has or has had a dating relationship with the offender, or an individual residing or having resided in the same household as the offender. As used in this subdivision, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.an offense involving domestic violence as that term is defined in section 1 of 1978 PA 389, MCL 400.1501.

(b) A person subject to detainment for violating a personal protection order.

(c) A person subject to a mandatory period of confinement, condition of bond, or other condition of release until he or she has served that period of confinement or meets that requirement of bond or other condition of release.

(4) Except as provided in subsection (5), a police officer shall issue to and serve upon a person an appearance ticket as defined in section 9f of this chapter and release the person from custody if the person has been arrested for 1 of the following offenses:

(a) A misdemeanor or ordinance violation that has a maximum permissible penalty that does not exceed 93 days in jail or a fine, or both, and is not an offense involving domestic violence as that term is defined in section 1 of 1978 PA 389, MCL 400.1501.

(b) A misdemeanor or ordinance violation that involves property theft or property damage.

(5) The police officer may arrest the person instead of issuing an appearance ticket as required under subsection (4) if 1 of the following circumstances is present:

(a) The detained person refuses to follow the police officer's reasonable instructions.

(b) The detained person will not offer satisfactory evidence of identification.

(c) There is a reasonable likelihood that the offense would continue or resume, or that another person or property would be endangered if the person is not arrested and taken into custody.

(d) The detained person requires immediate medical examination or medical care.

(e) The detained person requests to be taken immediately before a magistrate.

(6) If a police officer determines that 1 of the circumstances under subsection (5) applies and he or she arrests a person instead of issuing an appearance ticket, the police officer must specify the reason for not issuing a citation in the arrest report.

Sec. 9f. (1) As used in sections 9c to 9g, "appearance ticket" means a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it directing a designated person to appear in a designated local criminal court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance. for which the maximum permissible penalty does not exceed 93 days in jail or a fine, or both. The appearance tickets shall must be numbered consecutively, provide a space for the defendant's cellular phone number, if applicable, be in a form required by the attorney general, the state court administrator, and the director of the department of state police, and consist of the following parts:

(a) The original which shall must be a complaint or notice to appear by the officer and filed with the court.

(b) The first copy which shall must be the abstract of court record.

(d) The third copy which shall must be delivered to the alleged violator.

(2) With the prior approval of the state officials listed in subsection (1), an appearance ticket may be appropriately modified as to content or number of copies to accommodate law enforcement and local court procedures and practices.