SENATE BILL No. 1497

November 12, 2002, Introduced by Senator VAN REGENMORTER and referred to the Committee

on Judiciary.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending sections 26 and 28 of chapter V (MCL 765.26 and

765.28).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER V

2 Sec. 26. (1) In all criminal cases where any A person or

3 persons have HAS entered into any recognizance for the personal

4 appearance of another and such bail and surety shall afterwards

5 desire DESIRES to be relieved from his responsibility, he OR

6 SHE may, with or without assistance, arrest OR DETAIN the accused

7 and deliver him at the OR HER TO ANY jail or to the sheriff of

8 said ANY county. In making such THE arrest OR DETAINMENT, he

9 shall be OR SHE IS entitled to the assistance of the sheriff,

10 chief of police of any city or any peace officer.

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1 (2) The sheriff or keeper of any jail in said county is

2 authorized to receive such THE principal and detain him OR HER

3 in jail until he OR SHE is discharged. in due course of law.

4 Upon delivery of his OR HER principal at the jail by the surety

5 OR HIS OR HER AGENT or any officer, such THE surety shall be

6 released from the conditions of his OR HER recognizance.

7 (3) Whenever the prosecuting attorney of any A county

8 shall become IS satisfied that any A person who has been rec-

9 ognized to appear for trial has absconded, or is about to

10 abscond, and that his OR HER sureties or either of them have

11 become worthless, or are about to dispose or have disposed of

12 their property for the purpose of evading the payment or the

13 obligation of such bond or recognizance , or with intent to

14 defraud their creditors, and such THAT prosecuting attorney

15 shall make MAKES a satisfactory showing to this effect to the

16 court having jurisdiction of such THAT person, said THE court

17 or judge shall forthwith PROMPTLY grant a mittimus to the sher-

18 iff or any constable of said PEACE OFFICER OF THAT county, com-

19 manding him OR HER forthwith to arrest the person so recognized

20 and bring him OR HER before the officer issuing such THE mitti-

21 mus , and on the return of said THAT mittimus may, after a

22 full hearing on the merits, order him OR HER to be recommitted

23 to the county jail until such time as he shall give OR SHE

24 GIVES additional and satisfactory sureties, or be IS otherwise

25 discharged. according to law.

26 Sec. 28. (1) In addition to any other method available, it

27 is hereby provided that whenever IF default shall be IS made

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1 in any recognizance in any A court of record, the same

2 DEFAULT shall be duly entered of ON THE record by the clerk

3 of said THE court. and thereafter said AFTER THE DEFAULT IS

4 ENTERED, THE court, upon the motion of the attorney general,

5 prosecuting attorney, or city THE attorney FOR THE LOCAL UNIT

6 OF GOVERNMENT, may SHALL give the EACH surety or sureties 20

7 days' notice, which IMMEDIATE NOTICE NOT TO EXCEED 7 DAYS AFTER

8 THE DATE OF THE FAILURE TO APPEAR. THE notice shall be served

9 upon said EACH surety or sureties in person or left at his

10 or their THE SURETIES' last known place of residence BUSINESS

11 ADDRESS. Said EACH surety or sureties shall be given an

12 opportunity to appear before the court on a day certain and show

13 cause why judgment should not be entered against him or them

14 THE SURETY for the full amount of such THE recognizance. If

15 good cause is not shown, the court shall then enter judgment

16 against the surety or sureties on said THE recognizance for

17 such AN amount as it may see fit DETERMINED APPROPRIATE BY

18 THE COURT BUT not exceeding MORE THAN the full amount thereof

19 OF THE RECOGNIZANCE. Execution shall be awarded and executed

20 upon said THE judgment in like THE manner as is provided

21 FOR in personal actions.

22 (2) THE COURT SHALL SET ASIDE THE FORFEITURE AND DISCHARGE

23 THE BAIL OR SURETY BOND WITHIN 1 YEAR FROM THE DATE OF FORFEITURE

24 JUDGMENT IF THE DEFENDANT HAS BEEN APPREHENDED, THE ENDS OF JUS-

25 TICE HAVE NOT BEEN THWARTED, AND THE COUNTY HAS BEEN REPAID ITS

26 COSTS FOR APPREHENDING THE PERSON. IF THE BOND OR BAIL IS

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1 DISCHARGED, THE COURT SHALL ENTER AN ORDER TO THAT EFFECT WITH A

2 STATEMENT OF THE AMOUNT TO BE RETURNED TO THE SURETY.

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