SENATE BILL NO. 20 January 13, 1999, Introduced by Senator BOUCHARD and referred to the Committee on Judiciary. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 37a of chapter VII (MCL 767.37a), as added by 1994 PA 229, and by adding section 37b to chapter VII. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER VII 2 Sec. 37a. (1) Unless thedefendantACCUSED requests phys- 3 ical presence before the court, a judge or district court magis- 4 trate may conductinitialcriminal arraignments and the setting 5 of bail by MEANS OF 2-way closed circuit television, 6communicationTELEPHONE, OR OTHER INTERACTIVE ELECTRONIC COMMU- 7 NICATION MEDIUM between a court facility and a prison, jail, or 8 other place wherea personTHE ACCUSED is imprisoned or 9 detained. A judge or district court magistrate may conduct 10initialcriminal arraignments and the setting of bail UNDER 00028'99 JOJ 2 1 THIS SECTION on weekends, holidays, or at any time as determined 2 by the court. 3 (2) A 2-way closed circuit television system usedpursuant4toUNDER this section shall enable the accused and the judge or 5 district court magistrate to see, hear, and communicate with each 6 other simultaneously, and shall enable defense counsel and the 7 prosecuting attorney, if present, to be heard by and to communi- 8 cate simultaneously with the accused, the judge or district court 9 magistrate, and opposing counsel. 10 (3) A TELEPHONE SYSTEM USED UNDER THIS SECTION SHALL ENABLE 11 THE ACCUSED, JUDGE OR DISTRICT COURT MAGISTRATE, DEFENSE COUNSEL, 12 AND PROSECUTING ATTORNEY TO HEAR AND COMMUNICATE WITH EACH OTHER 13 SIMULTANEOUSLY. 14 (4) AN INTERACTIVE ELECTRONIC COMMUNICATION SYSTEM USED 15 UNDER THIS SECTION SHALL ENABLE THE ACCUSED AND THE JUDGE OR DIS- 16 TRICT COURT MAGISTRATE TO SEE, HEAR, OR OTHERWISE COMMUNICATE 17 WITH EACH OTHER SIMULTANEOUSLY AND SHALL ENABLE DEFENSE COUNSEL 18 AND THE PROSECUTING ATTORNEY, IF PRESENT, TO COMMUNICATE SIMULTA- 19 NEOUSLY WITH THE ACCUSED, THE JUDGE OR DISTRICT COURT MAGISTRATE, 20 AND OPPOSING COUNSEL. 21 (5)(3)Except as otherwise provided by law, the public 22 shall have access to the courtroom, with the ability to view and 23 hear the proceedings. 24 (6)(4)If proceedings conductedpursuant toUNDER this 25 section are not recorded by an individual certified by the state 26 court administrative office, the court shall record and maintain 27 an original AUDIO OR audiovisual recording of the entire 00028'99 3 1 proceedings. A recording madepursuant toUNDER this 2 subsectionshall becomeIS part of the court record. 3 (7)(5)This act does not prohibit the use of 2-way closed 4 circuit television, TELEPHONE, OR OTHER INTERACTIVE ELECTRONIC 5 COMMUNICATION MEDIUM forarraignments on the information,crim- 6 inal pretrial hearings, criminal pleas, sentencing hearings for 7 misdemeanor violations cognizable in the district court, show 8 cause hearings, or other criminal proceedings,to the extent 9 the Michigan supreme court has authorized that use. 10 SEC. 37B. (1) IF A CRIMINAL CHARGE IS FILED AGAINST AN 11 INDIVIDUAL IMPRISONED OR DETAINED IN A JAIL OR CORRECTIONAL 12 FACILITY OUTSIDE THE JURISDICTION OF THE COURT IN WHICH THE 13 ACTION IS FILED, A JUDGE OR DISTRICT COURT MAGISTRATE MAY ARRAIGN 14 THE INDIVIDUAL BY A FORM MAILED OR FILED WITH THE COURT UNLESS 15 THE INDIVIDUAL REQUESTS A PHYSICAL APPEARANCE BEFORE THE COURT. 16 (2) IF THE ARRAIGNMENT IS CONDUCTED BY MAIL OR A DOCUMENT 17 FILED WITH THE COURT, THE COURT SHALL SET A DATE AND TIME FOR 18 FURTHER PROCEEDINGS AS NECESSARY. THE STATE COURT ADMINISTRATOR 19 SHALL DEVELOP FORMS THAT SHALL BE USED UNDER THIS SUBSECTION. A 20 COPY OF ANY DOCUMENT USED FOR THE PROCEEDING SHALL BE AVAILABLE 21 TO THE PROSECUTING ATTORNEY, THE INDIVIDUAL, AND THE INDIVIDUAL'S 22 ATTORNEY. 00028'99 Final page. JOJ