HOUSE BILL No. 5272


     October 14, 1997, Introduced by Reps. Crissman, Hammerstrom, Richner, Brackenridge, Goschka, DeHart, Dalman, Bodem, McBryde and Birkholz and referred to the Committee on Judiciary.


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   by amending section 15 of chapter V (MCL 765.15), as amended by

   1993 PA 343.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                CHAPTER V

 2         Sec. 15.  (1) If bond or bail is forfeited, the court shall

 3    enter an order upon its records directing the disposition of the

 4    cash, check, or security within 45 days of the order.  The trea-

 5     surer or clerk, upon  UPON presentation of a certified copy of

 6     such  THE order, THE TREASURER OR CLERK shall dispose of the

 7    cash, check, or security  pursuant to  IN ACCORDANCE WITH the

 8    order.  The court shall set aside the forfeiture and discharge

 9    the bail or bond, within 1 year  from  AFTER the time of the

10    forfeiture judgment, in accordance with subsection (2) if the


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 1    person who forfeited bond or bail is apprehended, the ends of

 2    justice have not been thwarted, and the county has been repaid

 3    its costs for apprehending the person AND RETURNING THAT PERSON

 4    TO CUSTODY IN THE AREA OVER WHICH THE COURT HAS JURISDICTION.

 5         (2) If bond or bail is discharged, the court shall enter an

 6    order with a statement of the amount to be returned to the

 7    depositor.  If the court ordered the defendant to pay a fine,

 8    costs, restitution, assessment, or other payment, the court shall

 9    order the fine, costs, restitution, assessment, or other payment

10    collected out of cash bond or bail personally deposited by the

11    defendant under this chapter  ,  and the cash bond or bail used

12    for that purpose shall be allocated as provided in section 22 of

13    chapter XV.  Upon presentation of a certified copy of the order,

14    the treasurer or clerk having the cash, check, or security shall

15    pay or deliver it as provided in the order to the person named in

16    the order or to that person's order.

17         (3) If the cash, check, or security is in the hands of the

18    sheriff or any officer other than the treasurer or clerk, the

19    officer holding it shall dispose of the cash, check, or security

20    as the court orders upon presentation of a certified copy of the

21    court's order.















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