SENATE BILL No. 1309

June 7, 2000, Introduced by Senators BYRUM, V. SMITH, HART and DINGELL and referred

to the Committee on Judiciary.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 49 of chapter VII (MCL 767.49).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER VII

2 Sec. 49. (1) In any indictment it is sufficient for the

3 purpose of identifying the accused to state his DO ANY OF THE

4 FOLLOWING:

5 (A) STATE THE true name , to state OF THE ACCUSED.

6 (B) STATE the name, appellation, or nickname by which he

7 THE ACCUSED has been or is known. , to state

8 (C) STATE a fictitious name. , or to describe him

9 (D) DESCRIBE THE ACCUSED as a person whose name is unknown

10 OR WHO IS UNKNOWN BUT HAS A PARTICULAR DNA PROFILE, or to

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1 describe him OR HER in any other manner. AS USED IN THIS

2 SUBDIVISION, "DNA" MEANS HUMAN DEOXYRIBONUCLEIC ACID.

3 (2) In stating the true name or the name by which the

4 accused has been or is known or a fictitious name, it is suffi-

5 cient to state a surname, a surname and 1 or more christian name

6 or GIVEN names, or a surname and 1 or more abbreviations or ini-

7 tials of a christian GIVEN name or names.

8 (3) It is sufficient for the purpose of identifying any

9 group or association of persons, not incorporated, to state the

10 proper name of such THE group or association, ( if such

11 there be) IS ONE, to state any name or designation by which the

12 group or association has been or is known, to state the names of

13 all the persons in such THE group or association or of 1 or

14 more of them, or to state the name or names of 1 or more persons

15 in such THE group or association referring to the other or

16 others as "another" or "others". It is sufficient for the pur-

17 pose of identifying a corporation to state the corporate name of

18 such THE corporation , or any name or designation by which

19 such THE corporation has been or is known. It is not necessary

20 for the purpose of identifying any group or association of per-

21 sons or any corporation to state or prove the legal form of

22 such THE group or association of persons or of such THE

23 corporation. In no case

24 (4) IT is it NOT necessary to aver or prove that the true

25 name of any person, group, or association of persons or corpora-

26 tion is unknown to the grand jury, complainant, or prosecuting

27 officer. If in the course of the trial the true name of any

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1 person, group, or association of persons or corporation

2 identified otherwise than by the true name , is disclosed by

3 the evidence, the court, shall on motion of the accused or of

4 the prosecuting attorney, SHALL, and may without such motion

5 BY THE PARTIES MAY, insert the true name in the indictment wher-

6 ever the name appears otherwise.

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