SENATE BILL NO. 1201 June 9, 1998, Introduced by Senator PETERS and referred to the Committee on Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8312 (MCL 600.8312). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 8312. (1) In a district of the first class, venue in 2 criminal actions for violations of state law and all city, vil- 3 lage, or township ordinances shall be in the county where the 4 violation took place. 5 (2) In a district of the second class, venue in criminal 6 actions for violations of state law and all city, village, or 7 township ordinances shall be in the district where the violation 8 took place. 9 (3) In a district of the third class, venue in criminal 10 actions for violations of state law and all city, village, or 11 township ordinances shall be in the political subdivision where S05134'97 * DRM 2 1 the violation took place, except that when the violation is 2 alleged to have taken place within a political subdivision where 3 the court is not required to sit, the action may be tried in any 4 political subdivision within the district where the court is 5 required to sit. 6 (4) With regard to state criminal violations cognizable by 7 the district court, the following special provisions shall 8 apply: 9 (a) If an offense is committed on the boundary of 2 or more 10 counties, districts, or political subdivisions or within 1 mile 11 thereof, venue is proper in any of the counties, districts, or 12 political subdivisions concerned. 13 (b) If an offense is committed in or upon any railroad 14 train, automobile, aircraft, vessel, or other conveyance in tran- 15 sit, and it cannot readily be determined in which county, dis- 16 trict, or political subdivision the offense was committed, venue 17 is proper in any county, district, or political subdivision 18 through or over which the conveyance passed in the course of its 19 journey. 20 (5) Venue in civil actions, other than civil infraction 21 actions, shall be governed by sections 1601 to 1659 except that 22 for purposes of this subsection all references to "county" in 23 sections 1601 to 1659 shall mean "district" with respect to dis- 24 tricts of the second and third class. 25 (6) Venue in civil infraction actions shall be determined as 26 follows: S05134'97 * 3 1 (a) In a district of the first class, venue shall be in the 2 county where the civil infraction occurred. 3 (b) In a district of the second class, venue shall be in the 4 district where the civil infraction occurred. 5 (c) In a district of the third class, venue shall be in the 6 political subdivision where the civil infraction occurred, except 7 that when the violation is alleged to have taken place within a 8 political subdivision where the court is not required to sit, the 9 action may be heard or an admission entered in any political sub- 10 division within the district where the court is required to sit. 11 (7) NOTWITHSTANDING SUBSECTIONS (1) TO (6), AND SUBJECT TO 12 SECTION 13 OF CHAPTER IV OF THE CODE OF CRIMINAL PROCEDURE, MCL 13 764.13, IN A COUNTY THAT CONTAINS MORE THAN 1 JUDICIAL DISTRICT, 14 THE STATE COURT ADMINISTRATOR AT THE DIRECTION OF THE SUPREME 15 COURT, THE DEPARTMENT OF STATE POLICE, AND THE LOCAL FUNDING UNIT 16 FOR A JUDICIAL DISTRICT WITHIN THE COUNTY MAY AGREE TO DESIGNATE 17 THAT DISTRICT AS BEING A DISTRICT FOR VENUE FOR SOME OR ALL 18 ACTIONS ARISING OUT OF A CITATION ISSUED WITHIN THAT COUNTY BY 19 THE DEPARTMENT OF STATE POLICE FOR A VIOLATION OF THE MICHIGAN 20 VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. AN AGREEMENT 21 ENTERED INTO UNDER THIS SUBSECTION IS NOT VALID UNLESS IT IS 22 APPROVED BY EACH OF THE LOCAL FUNDING UNITS FOR JUDICIAL DIS- 23 TRICTS THAT WOULD OTHERWISE HAVE BEEN THE DISTRICT OF VENUE FOR 24 ACTIONS DESCRIBED IN THE AGREEMENT. IF AN AGREEMENT IS ENTERED 25 INTO UNDER THIS SUBSECTION, VENUE FOR AN ACTION DESCRIBED IN THE 26 AGREEMENT SHALL BE AS DETERMINED IN THE AGREEMENT. MORE THAN 1 27 DISTRICT IN THE COUNTY MAY BE DESIGNATED AS A DISTRICT OF VENUE S05134'97 * 4 1 UNDER THIS SUBSECTION, BUT A SEPARATE AGREEMENT IS REQUIRED FOR 2 EACH DESIGNATION. AN AGREEMENT UNDER THIS SUBSECTION SHALL BE 3 EFFECTIVE ON A DATE AGREED UPON BY THE PARTIES AND MAY BE MODI- 4 FIED BY AGREEMENT OF THE PARTIES. AN AGREEMENT UNDER THIS SUB- 5 SECTION MAY BE CANCELED BY ANY OF THE 3 PARTIES, SUBJECT TO 6 GIVING AT LEAST 180 DAYS' PRIOR NOTICE OF INTENT TO CANCEL TO 7 BOTH OF THE OTHER PARTIES. THE FUNDING UNIT FOR THE THIRTY-SIXTH 8 JUDICIAL DISTRICT SHALL NOT ENTER INTO AN AGREEMENT FOR THAT 9 JUDICIAL DISTRICT UNDER THIS SUBSECTION. 10 (8)(7)For purposes of venue, a city which is located in 11 more than 1 county and which is placed in 1 district of the first 12 class by chapter 81,shall be considered a part of that county 13 which contains the greater portion of its population. S05134'97 * Final page. DRM