HOUSE BILL No. 5869


     April 9, 2002, Introduced by Rep. Clarke and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   by amending section 6 of chapter V (MCL 765.6), as amended by

   1988 PA 46.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                    CHAPTER V

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             Sec. 6.  (1) Except as otherwise provided by law, a person

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        accused of a criminal offense is entitled to bail.  The amount of

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        bail shall not be excessive.  and shall be uniform whether the

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        bail bond is executed by the person for whom bail has been set or

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        by a surety.  The court in fixing the amount of the bail shall

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        consider and make findings on the record as to each of the

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        following:

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             (a) The seriousness of the offense charged.




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             (b) The protection of the public.

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             (c) The previous criminal record and the dangerousness of

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        the person accused.

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             (d) The probability or improbability of the person accused

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        appearing at the trial of the cause.

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             (2) IF THE COURT FIXES A BAIL AMOUNT UNDER SUBSECTION (1)

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        AND ALLOWS FOR THE POSTING OF A 10% DEPOSIT BOND, THE PERSON

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        ACCUSED MAY POST BAIL BY A SURETY BOND IN AN AMOUNT EQUAL TO 1/4

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        OF THE FULL BAIL AMOUNT FIXED UNDER SUBSECTION (1) AND EXECUTED

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        BY A SURETY APPROVED BY THE COURT.

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             (3)  (2)  If a person is arrested for an ordinance violation

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        or a misdemeanor and if the defendant's operator's or chauffeur's

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        license is not expired, suspended, revoked, or cancelled,  then

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        the court may require the defendant, in place of other security

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        for the defendant's appearance in court for trial or sentencing

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        or,  in addition, to  AS A CONDITION FOR release of the defendant

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        on personal recognizance, to surrender to the court his or her

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        operator's or chauffeur's license.  The court shall issue to the

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        defendant a receipt for the license, as provided in section 311a

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        of the Michigan vehicle code,  Act No. 300 of the Public Acts of

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        1949, being section 257.311a of the Michigan Compiled Laws  1949

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        PA 300, MCL 257.311A.  If the trial date is set at the arraign-

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        ment, the court shall specify on the receipt the date on which

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        the defendant is required to appear for trial.  If a trial date

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        is not set at the arraignment, the court shall specify on the

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        receipt a date on which the receipt expires.  By written notice

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        the court may extend the expiration date of the receipt, as



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        needed, to secure the defendant's appearance for trial and

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        sentencing.  The written notice shall instruct the person to whom

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        the receipt was issued to attach the notice to the receipt.  Upon

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        its attachment to the receipt, the written notice shall be con-

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        sidered a part of the receipt for purposes of determining the

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        expiration date.  At the conclusion of the trial or imposition of

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        sentence, as applicable, the court shall return the license to

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        the defendant unless other disposition of the license is autho-

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        rized by law.






































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