HOUSE BILL No. 4709 May 19, 1999, Introduced by Reps. Shulman, Faunce, Baird, Wojno, Richner, Kowall, Law and Scranton and referred to the Committee on Criminal Law and Corrections. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 15, 15a, 15b, 15c, and 15e of chapter IV (MCL 764.15, 764.15a, 764.15b, 764.15c, and 764.15e), section 15 as amended by 1996 PA 490, section 15a as amended by 1996 PA 138, sections 15b and 15c as amended by 1998 PA 475, and section 15e as added by 1993 PA 52. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER IV 2 Sec. 15. (1) A peace officer, without a warrant, may arrest 3 a person in any of the following situations: 4 (a) A felony, misdemeanor, or ordinance violation is commit- 5 ted in the peace officer's presence. 6 (b) The person has committed a felony although not in the 7 peace officer's presence. 02173'99 * JOJ 2 1 (c) A felony in fact has been committed and the peace 2 officer has reasonable cause to believe the person committed it. 3 (d) The peace officer has reasonable cause to believe a 4 felony has been committed and reasonable cause to believe the 5 person committed it. 6 (e) The peace officer has received positive information by 7 written, telegraphic, teletypic, telephonic, radio, ELECTRONIC, 8 or other authoritative source that another peace officer OR A 9 COURT holds a warrant for the person's arrest. 10 (f) The peace officer has received positive information 11 broadcast from a recognized police or other governmental radio 12 station, or teletype, that affords the peace officer reasonable 13 cause to believe a felony has been committed and reasonable cause 14 to believe the person committed it. 15 (g) The peace officer has reasonable cause to believe the 16 person is an escaped convict, has violated a condition of parole 17 from a prison, has violated a condition of probation imposed by a 18 court, or has violated a condition of a pardon granted by the 19 executive. 20 (h) The peace officer has reasonable cause to believe the 21 person was, at the time of an accident in this state, the opera- 22 tor of a vehicle involved in the accident and was operating the 23 vehicle in violation of section 625(1), (3),or(6), OR (7) or 24 section 625m of the Michigan vehicle code,Act No. 300 of the25Public Acts of 1949, being sections 257.625 and 257.625m of the26Michigan Compiled Laws1949 PA 300, MCL 257.625 AND 257.625M, or 27 a local ordinance substantially corresponding to section 625(1), 02173'99 * 3 1 (3),or(6), OR (7) or section 625m ofAct No. 300 of the2Public Acts of 1949THAT ACT. 3 (i) The person is found in the driver's seat of a vehicle 4 parked or stopped on a highway or street within this state if any 5 part of the vehicle intrudes into the roadway and the peace offi- 6 cer has reasonable cause to believe the person was operating the 7 vehicle in violation of section 625(1), (3),or(6), OR (7) or 8 section 625m ofAct No. 300 of the Public Acts of 1949THE 9 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625 AND 257.625M, or 10 a local ordinance substantially corresponding to section 625(1), 11 (3),or(6), OR (7) or section 625m ofAct No. 300 of the12Public Acts of 1949THAT ACT. 13 (j) The peace officer has reasonable cause to believe the 14 person was, at the time of an accident, the operator of a snowmo- 15 bile involved in the accident and was operating the snowmobile in 16 violation of section 82127(1) or (3) ofpart 821 (snowmobiles)17ofthe natural resources and environmental protection act,Act18No. 451 of the Public Acts of 1994, being section 324.82127 of19the Michigan Compiled Laws1994 PA 451, MCL 324.82127, or a 20 local ordinance substantially corresponding to section 82127(1) 21 or (3) ofAct No. 451 of the Public Acts of 1994THAT ACT. 22 (k) The peace officer has reasonable cause to believe the 23 person was, at the time of an accident, the operator of an ORV 24 involved in the accident and was operating the ORV in violation 25 of section 81134(1) or (2) or 81135 ofpart 811 (off-road recre-26ation vehicles) of Act No. 451 of the Public Acts of 1994, being27sections 324.81134 and 324.81135 of the Michigan Compiled Laws02173'99 * 4 1 THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 2 451, MCL 324.81134 AND 324.81135, or a local ordinance substan- 3 tially corresponding to section 81134(1) or (2) or 81135 ofAct4No. 451 of the Public Acts of 1994THAT ACT. 5 (l) The peace officer has reasonable cause to believe the 6 person was, at the time of an accident, the operator of a vessel 7 involved in the accident and was operating the vessel in viola- 8 tion of section 80176(1) or (3) ofpart 801 (marine safety) of9Act No. 451 of the Public Acts of 1994, being section 324.8017610of the Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRON- 11 MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80176, or a local 12 ordinance substantially corresponding to section 80176(1) or (3) 13 ofAct No. 451 of the Public Acts of 1994THAT ACT. 14 (m) The peace officer has reasonable cause to believe a vio- 15 lation of section 356c or 356d of the Michigan penal code,Act16No. 328 of the Public Acts of 1931, being sections 750.356c and17750.356d of the Michigan Compiled Laws1931 PA 328, MCL 750.356C 18 AND 750.356D, has taken place or is taking place and reasonable 19 cause to believe the person committed or is committing the viola- 20 tion, regardless of whether the violation was committed in the 21 peace officer's presence. 22 (2) An officer in the United States customs service or the 23 immigration and naturalization service, without a warrant, may 24 arrest a person if all of the following circumstances exist: 25 (a) The officer is on duty. 26 (b) One or more of the following situations exist: 02173'99 * 5 1 (i) The person commits an assault or an assault and battery 2 punishable under section 81 or 81a of the Michigan penal code, 3Act No. 328 of the Public Acts of 1931, being sections 750.814and 750.81a of the Michigan Compiled Laws1931 PA 328, MCL 5 750.81 AND 750.81A, on the officer. 6 (ii) The person commits an assault or an assault and battery 7 punishable under section 81 or 81a ofAct No. 328 of the Public8Acts of 1931THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81 9 AND 750.81A, on any other person in the officer's presence or 10 commits any felony. 11 (iii) The officer has reasonable cause to believe a felony 12 has been committed and reasonable cause to believe the person 13 committed it, and the reasonable cause is not founded on a cus- 14 toms search. 15 (iv) The officer has received positive information by writ- 16 ten, telegraphic, teletypic, telephonic, radio, ELECTRONIC, or 17 other authoritative source that a peace officer OR A COURT holds 18 a warrant for the person's arrest. 19 (c) The officer has received training in the laws of this 20 state equivalent to the training provided for an officer of a 21 local police agency under theMichigan law enforcement officers22training council act of 1965, Act No. 203 of the Public Acts of231965, being sections 28.601 to 28.616 of the Michigan Compiled24LawsCOMMISSION ON LAW ENFORCEMENT STANDARDS ACT, 1965 PA 203, 25 MCL 28.601 TO 28.616. 26 Sec. 15a. A peace officer may arrest an individual for 27 violating section 81 or 81a of the Michigan penal code,Act02173'99 * 6 1No. 328 of the Public Acts of 1931, being sections 750.81 and2750.81a of the Michigan Compiled Laws1931 PA 328, MCL 750.81 3 AND 750.81A, or a local ordinance substantially corresponding to 4 section 81 ofAct No. 328 of the Public Acts of 1931THAT ACT 5 regardless of whether the peace officer has a warrant or whether 6 the violation was committed in his or her presence,if the 7 peace officer has OR RECEIVES POSITIVE INFORMATION THAT ANOTHER 8 PEACE OFFICER HAS reasonable cause to believe both of the 9 following: 10 (a) The violation occurred or is occurring. 11 (b) The individual has had a child in common with the 12 victim, resides or has resided in the same household as the 13 victim, or is a spouse or former spouse of the victim. 14 Sec. 15b. (1) A peace officer, without a warrant, may 15 arrest and take into custody an individual when the peace officer 16 has OR RECEIVES POSITIVE INFORMATION THAT ANOTHER PEACE OFFICER 17 HAS reasonable cause to believe all of the following apply: 18 (a) A personal protection order has been issued under 19 section 2950 or 2950a of the revised judicature act of 1961, 1961 20 PA 236, MCL 600.2950 and 600.2950a. 21 (b) The individual named in the personal protection order is 22in violation ofVIOLATING OR HAS VIOLATED the order. An indi- 23 vidual isin violation ofVIOLATING OR HAS VIOLATED the order 24 if that individual commits 1 or more of the following acts the 25 order specifically restrains or enjoins the individual from 26 committing: 02173'99 * 7 1 (i) Assaulting, attacking, beating, molesting, or wounding a 2 named individual. 3 (ii) Removing minor children from an individual having legal 4 custody of the children, except as otherwise authorized by a cus- 5 tody or parenting time order issued by a court of competent 6 jurisdiction. 7 (iii) Entering onto premises. 8 (iv) Engaging in conduct prohibited under section 411h or 9 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 10 750.411i. 11 (v) Threatening to kill or physically injure a named 12 individual. 13 (vi)Beginning April 1, 1996, purchasingPURCHASING or 14 possessing a firearm. 15 (vii) Interfering with petitioner's efforts to remove 16 petitioner's children or personal property from premises that are 17 solely owned or leased by the individual to be restrained or 18 enjoined. 19 (viii) Interfering with petitioner at petitioner's place of 20 employment or education or engaging in conduct that impairs 21 petitioner's employment or educational relationship or 22 environment. 23 (ix) Any other act or conduct specified by the court in the 24 personal protection order. 25 (c) The personal protection order states on its face that a 26 violation of its terms subjects the individual to immediate 27 arrest and either of the following: 02173'99 * 8 1 (i) If the individual restrained or enjoined is 17 years of 2 age or older, to criminal contempt of court and, if found guilty 3 of criminal contempt, to imprisonment for not more than 93 days 4 and to a fine of not more than $500.00. 5 (ii) If the individual restrained or enjoined is less than 6 17 years of age, to the dispositional alternatives listed in sec- 7 tion 18 of chapter XIIA of the probate code OF 1939, 1939 PA 288, 8 MCL 712A.18. 9 (2) An individual arrested under this section shall be 10 brought before the family division of the circuit court having 11 jurisdiction in the cause within 24 hours after arrest to answer 12 to a charge of contempt forviolation ofVIOLATING the personal 13 protection order, at which time the court shall do each of the 14 following: 15 (a) Set a time certain for a hearing on the alleged viola- 16 tion of the personal protection order. THE HEARING SHALL BE HELD 17 within 72 hours after arrest, unless extended by the court on the 18 motion of the arrested individual or the prosecuting attorney. 19 (b) Set a reasonable bond pending a hearing of the alleged 20 violation of the personal protection order. 21 (c) Notify the prosecuting attorney of the criminal contempt 22 proceeding. 23 (d) Notify the party whohasprocured the personal protec- 24 tion order and his or her attorney of record, if any, and direct 25 the party to appear at the hearing and give evidence on the 26 charge of contempt. 02173'99 * 9 1 (3) In circuitswhereIN WHICH the circuit court judge may 2 not be present or available within 24 hours after arrest, an 3 individual arrested under this section shall be taken before the 4 district court within 24 hours after arrest, at which time the 5 district court shall SET BOND AND order the defendant to appear 6 before the FAMILY DIVISION OF circuit courtofIN the county 7 for a hearing on the charge.The district court shall set bond8for the individual.IF THE DISTRICT COURT WILL NOT BE OPEN 9 WITHIN 24 HOURS AFTER ARREST, A JUDGE OR DISTRICT COURT MAGIS- 10 TRATE SHALL SET BOND AND ORDER THE DEFENDANT TO APPEAR BEFORE THE 11 CIRCUIT COURT IN THE COUNTY FOR A HEARING ON THE CHARGE. 12 (4) IF A CRIMINAL CONTEMPT PROCEEDING FOR VIOLATION OF A 13 PERSONAL PROTECTION ORDER IS NOT INITIATED BY AN ARREST UNDER 14 THIS SECTION BUT IS INITIATED AS A RESULT OF A SHOW CAUSE ORDER 15 OR OTHER PROCESS OR PROCEEDINGS, THE COURT SHALL DO ALL OF THE 16 FOLLOWING: 17 (A) NOTIFY THE PARTY WHO PROCURED THE PERSONAL PROTECTION 18 ORDER AND HIS OR HER ATTORNEY OF RECORD, IF ANY, AND DIRECT THE 19 PARTY TO APPEAR AT THE HEARING AND GIVE EVIDENCE ON THE CONTEMPT 20 CHARGE. 21 (B) NOTIFY THE PROSECUTING ATTORNEY OF THE CRIMINAL CONTEMPT 22 PROCEEDING. 23 (5)(4)The FAMILY DIVISION OF circuit court in each 24 county of this state has jurisdiction to conduct contempt pro- 25 ceedings based upon a violation of a personal protection order 26 described in this section issued by the circuit court in any 27 county of this state. The court of arraignment shall notify the 02173'99 * 10 1 circuit court that issued the personal protection order that the 2 issuing court may request that the defendant be returned to that 3countyCOURT for violating the personal protection order. If 4 thecircuitcourt that issued the personal protection order 5 requests that the defendant be returned to thatcountyCOURT to 6 stand trial, the COUNTY OF THE requestingcountyCOURT shall 7 bear the cost of transporting the defendant to that county. 8 (6)(5)The family division of circuit court has jurisdic- 9 tion to conduct contempt proceedings based upon a violation of a 10 personal protection order issued pursuant to section 2(h) of 11 chapter XIIA of THE PROBATE CODE OF 1939, 1939 PA 288, MCL 12 712A.2, by the family division of circuit court in any county of 13 this state. The family division of circuit court that conducts 14 the preliminaryhearingINQUIRY shall notify the family divi- 15 sion of circuit court that issued the personal protection order 16 that the issuing court may request that the respondent be 17 returned to that county for violating the personal protection 18 order. If the family division of circuit court that issued the 19 personal protection order requests that the respondent be 20 returned to thatcountyCOURT to stand trial, the COUNTY OF THE 21 requestingcountyCOURT shall bear the cost of transporting the 22defendantRESPONDENT to that county. 23 (7)(6)The prosecuting attorney shall prosecute a crimi- 24 nal contempt proceeding initiated by the court under subsection 25 (2) OR INITIATED BY A SHOW CAUSE ORDER UNDER SUBSECTION (4), 26 unless the party who procured the personal protection order 27 retains his or her own attorney for the criminal contempt 02173'99 * 11 1 proceeding. If the prosecuting attorney prosecutes the criminal 2 contempt proceeding, the court shall grant an adjournment for not 3 less than 14 days or a lesser period requested if the prosecuting 4 attorney moves for adjournment. If the prosecuting attorney 5 prosecutes the criminal contempt proceeding, the court may dis- 6 miss the proceeding upon motion of the prosecuting attorney for 7 good cause shown. 8(7) Upon receiving a true copy of a personal protection9order issued in compliance with this section, the law enforcement10agency shall enter the order into the law enforcement information11network as provided by the L.E.I.N. policy council act of 1974,121974 PA 163, MCL 28.211 to 28.216.13 (8) A COURT SHALL NOT RESCIND A PERSONAL PROTECTION ORDER, 14 DISMISS A CONTEMPT PROCEEDING BASED ON A PERSONAL PROTECTION 15 ORDER, OR IMPOSE ANY OTHER SANCTION FOR A FAILURE TO COMPLY WITH 16 A TIME LIMIT PRESCRIBED IN THIS SECTION. 17 Sec. 15c. (1) After investigating or intervening in a 18 domesticdispute as described in section 15a or 15b of this19chapterVIOLENCE INCIDENT, a peace officer shall provide the 20 victim with a copy of the notice in this section. The notice 21 shall be written and shall include all of the following: 22 (a) The name and telephone number of the responding police 23 agency. 24 (b) The name and badge number of the responding peace 25 officer. 26 (c)TheSUBSTANTIALLY THE following statement: 02173'99 * 12 1 "You may obtain a copy of the police incident report for 2 your case by contacting this law enforcement agency at the 3 telephone number provided. 4 The domestic violence shelter program and other resources in 5 your area are (include local information). 6 Information about emergency shelter, counseling services, 7 and the legal rights of domestic violence victims is available 8 from these resources. 9 Your legal rights include the right to go to court and file 10 a petition requesting a personal protection order to protect you 11 or other members of your household from domestic abuse which 12 could include RESTRAINING OR ENJOINING THE ABUSER FROM DOING the 13 following: 14 (a)An order restraining or enjoining the abuser from15enteringENTERING onto premises. 16 (b)An order restraining or enjoining the abuser from17assaultingASSAULTING, attacking, beating, molesting, or wound- 18 ing you. 19 (c)An order restraining or enjoining the abuser from20threateningTHREATENING to kill or physically injure you or 21 another person. 22 (d)An order restraining or enjoining the abuser from23removingREMOVING minor children from you, except as otherwise 24 authorized by a custody or parenting time order issued by a court 25 of competent jurisdiction. 26 (e)An order restraining or enjoining the abuser from27engagingENGAGING in stalking behavior. 02173'99 * 13 1 (f)An order restraining or enjoining the abuser from2purchasingPURCHASING or possessing a firearm. 3 (g)An order restraining or enjoining the abuser from4interferingINTERFERING with your efforts to remove your chil- 5 dren or personal property from premises that are solely owned or 6 leased by the abuser. 7 (h)An order restraining or enjoining the abuser from8interferingINTERFERING with you at your place of employment or 9 education or engaging in conduct that impairs your employment 10 relationship or your employment or educational environment. 11 (i)An order restraining or enjoining the abuser from12engagingENGAGING in any other specific act or conduct that 13 imposes upon or interferes with your personal liberty or that 14 causes a reasonable apprehension of violence.".15 (J) HAVING ACCESS TO INFORMATION IN RECORDS CONCERNING ANY 16 MINOR CHILD YOU HAVE WITH THE ABUSER THAT WOULD INFORM THE ABUSER 17 ABOUT YOUR ADDRESS OR TELEPHONE NUMBER, THE CHILD'S ADDRESS OR 18 TELEPHONE NUMBER, OR YOUR EMPLOYMENT ADDRESS. 19 YOUR LEGAL RIGHTS ALSO INCLUDE THE RIGHT TO GO TO COURT AND 20 FILE A MOTION FOR AN ORDER TO SHOW CAUSE AND A HEARING IF THE 21 ABUSER IS VIOLATING OR HAS VIOLATED A PERSONAL PROTECTION ORDER 22 AND HAS NOT BEEN ARRESTED.". 23 (2) The peace officer shall prepare a domestic violence 24 report after investigating or intervening in adomestic dispute25or an incident involvingdomestic violenceas described in sub-26section (1)INCIDENT. The report shall contain, but is not 27 limited to containing, all of the following: 02173'99 * 14 1 (a) The address, date, and time of theoccurrence or2 incident being investigated. 3 (b) The victim's name, address, home and work telephone num- 4 bers, race, sex, and date of birth. 5 (c) The suspect's name, address, home and work telephone 6 numbers, race, sex, date of birth, and information describing the 7 suspect and whether an injunction or restraining order covering 8 the suspect exists. 9 (d) The name, address, home and work telephone numbers, 10 race, sex, and date of birth of any witness, including a child of 11 the victim or suspect, and the relationship of the witness to the 12 suspect or victim. 13 (e) The following information about theoccurrence or14 incident being investigated: 15 (i) The name of the personthatWHO called the law 16 enforcement agency. 17 (ii) The relationship of the victim and suspect. 18 (iii) Whether alcohol or controlled substance use was 19 involved in theoccurrence orincident, and by whom it was 20 used. 21 (iv) A brief narrative describing thedispute orincident 22 and the circumstances that led to it. 23 (v) Whether and how many times the suspect physically 24 assaulted the victim and a description of any weapon or object 25 used. 26 (vi) A description of all injuries sustained by the victim 27 and an explanation of how the injuries were sustained. 02173'99 * 15 1 (vii) If the victim sought medical attention, information 2 concerning where and how the victim was transported, whether the 3 victim was admitted to a hospital or clinic for treatment, and 4 the name and telephone number of the attending physician. 5 (viii) A description of any property damage reported by the 6 victim or evident at the scene. 7 (f) A description of any previousdomestic disputes or8incidents involvingdomestic violence INCIDENTS between the 9 victim and the suspect. 10 (g) The date and time of the report and the name, badge 11 number, and signature of the peace officer completing the 12 report. 13 (3) The law enforcement agency shall retain the completed 14 domestic violence report in its files. The law enforcement 15 agency shall also file a copy of the completed domestic violence 16 report with the prosecuting attorney within 48 hours after the 17dispute orDOMESTIC VIOLENCE incident is reported to the law 18 enforcement agency. 19 (4) AS USED IN THIS SECTION, "DOMESTIC VIOLENCE INCIDENT" 20 MEANS AN INCIDENT REPORTED TO A LAW ENFORCEMENT AGENCY INVOLVING 21 ALLEGATIONS OF 1 OR BOTH OF THE FOLLOWING: 22 (A) A VIOLATION OF A PERSONAL PROTECTION ORDER ISSUED UNDER 23 SECTION 2950 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, 24 MCL 600.2950. 25 (B) A CRIME COMMITTED BY AN INDIVIDUAL AGAINST HIS OR HER 26 SPOUSE OR FORMER SPOUSE, AN INDIVIDUAL WITH WHOM HE OR SHE HAS 02173'99 * 16 1 HAD A CHILD IN COMMON, OR AN INDIVIDUAL WHO RESIDES OR HAS 2 RESIDED IN THE SAME HOUSEHOLD. 3 Sec. 15e. (1) A peace officer, without a warrant, may 4 arrest and take into custody a defendantwhoWHOM the peace 5 officer has OR RECEIVES POSITIVE INFORMATION THAT ANOTHER PEACE 6 OFFICER HAS reasonable cause to believe is violating or has vio- 7 lated a condition of release imposed under section 6b of chapter 8 V. 9 (2) If a peace officer arrests a defendant under subsection 10 (1), the peace officer shall do all of the following: 11 (a) Prepare a complaint of violation of conditional release 12 substantially in the following format: 13 COMPLAINT OF VIOLATION OF CONDITIONAL RELEASE 14 I ________________ am a peace officer. I have determined 15 (name) 16 by: 17 ____L.E.I.N. and verification with the police agency holding 18 the order 19 ____Certified or true copy of order 20 ____Other (Describe) ____________________ 21 That____________________ released____________________ 22 (court) (name of defendant) 23 subject to the following conditions: 02173'99 * 17 1 (state or attach a statement of relevant conditions) 2 I have reasonable cause to believe that on_____________________ 3 (date) 4 at ________ the defendant violated those conditions as follows: 5 (time) 6 (state violations) 7 _________________________ 8 (Signature) 9 __________ 10 (Date) 11 (b) If the arrest occurred within the judicial district of 12 the court that imposed the conditions of release,the peace13officer shall immediatelyBOTH OF THE FOLLOWING: 14 (i) IMMEDIATELY provide 1 copy of the complaint to the 15 defendant, the original and 1 copy of the complaint to that 16 court, and 1 copy of the complaint to the prosecuting attorney 17 for the case in which the conditional release was granted. The 18 law enforcement agency shall retain 1 copy of the complaint. 02173'99 * 18 1 (ii) BRING THE DEFENDANT BEFORE THAT COURT WITHIN 1 BUSINESS 2 DAY FOLLOWING THE DEFENDANT'S ARREST TO ANSWER THE CHARGE OF 3 VIOLATING THE CONDITIONS OF RELEASE. 4 (c) If the arrest occurred outside the judicial district of 5 the court that imposed the conditions of release,the peace6officer shall immediatelyBOTH OF THE FOLLOWING: 7 (i) IMMEDIATELY provide 1 copy of the complaint to the 8 defendant, and the original and 1 copy of the complaint to the 9 district court or municipal court in the judicial district in 10 which the violation occurred. The law enforcement agency shall 11 retain 1 copy of the complaint. 12(d) If the arrest occurred within the judicial district of13the court that released the defendant subject to conditions,14bring the defendant before that court within 1 business day fol-15lowing the defendant's arrest to answer the charge of violating16the conditions of release.17(e) If the arrest occurred outside the judicial district of18the court that released the defendant subject to conditions,19bring the defendant before the district court or municipal court20in the judicial district in which the violation occurred within 121business day following the arrest. The court shall determine22conditions of release and promptly transfer the case to the court23that released the defendant subject to conditions. The court to24which the case is transferred shall notify the prosecuting attor-25ney, in writing, of the alleged violation.26 (ii) BRING THE DEFENDANT BEFORE THE DISTRICT COURT OR 27 MUNICIPAL COURT IN THE JUDICIAL DISTRICT IN WHICH THE VIOLATION 02173'99 * 19 1 OCCURRED WITHIN 1 BUSINESS DAY FOLLOWING THE ARREST. THE COURT 2 SHALL DETERMINE CONDITIONS OF RELEASE AND PROMPTLY TRANSFER THE 3 CASE TO THE COURT THAT RELEASED THE DEFENDANT SUBJECT TO 4 CONDITIONS. THE COURT TO WHICH THE CASE IS TRANSFERRED SHALL 5 NOTIFY THE PROSECUTING ATTORNEY IN WRITING OF THE ALLEGED 6 VIOLATION. 7 (3) If, in the opinion of the arresting police agency or 8 officer in charge of the jail, it is safe to release the 9 defendant before the defendant is brought before the court 10pursuant toUNDER subsection (2), the arresting police agency 11 or officer in charge of the jail may release the defendant on 12 interim bond of not more than $500.00 requiring the defendant to 13 appear at the opening of court the next business day. If the 14 defendant is held for more than 24 hours without being brought 15 before the courtpursuant toUNDER subsection (2), the officer 16 in charge of the jail shall note in the jail recordsthe reason17 WHY it was not safe to release the defendant on interim bond 18pursuant toUNDER this subsection. 19 (4) The court shall give priority to cases brought under 20 this section in which the defendant is in custody or in which the 21 defendant's release would present an unusual risk to the safety 22 of any person. 23 (5) The hearing and revocation procedures for cases brought 24 under this section shall be governed bythe MichiganSUPREME 25 COURT rules.of court.26 Enacting section 1. This amendatory act takes effect 27 September 1, 1999. 02173'99 *