EXPERT TESTIMONY BY AUDIO OR VIDEO - S.B. 681: FLOOR ANALYSIS

sans-serif">Senate Bill 681 (as reported with amendment)

Sponsor: Senator Deborah Cherry

Committee: Judiciary


CONTENT


The bill would amend the Code of Criminal Procedure to allow a magistrate, on motion of either party, to permit an expert witness’s testimony in a preliminary examination to be conducted by means of telephonic, voice, or video conferencing.


(Under the Code, “magistrate” means a judge of the district court or a judge of a municipal court, but does not include a district court magistrate, although a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided by law. The Code states that this definition does not limit the power of a Supreme Court Justice, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases, or deprive him or her of the power to exercise the authority of a magistrate.)


Proposed MCL 766.11a - Legislative Analyst: Patrick Affholter


FISCAL IMPACT


The bill would have no fiscal impact on the State and an indeterminate fiscal impact on local government. To the extent that it would create court efficiencies, the bill could create savings for local units of government.


Date Completed: 12-4-03 - Fiscal Analyst: Bethany WicksallFloor\sb681 - Bill Analysis @ www.senate.michigan.gov/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.