HB-4453, As Passed Senate, June 26, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4453

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

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

1994 PA 335.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER V

Sec. 6b. (1) A judge or district court magistrate may release

under this section a defendant subject to conditions reasonably

necessary for the protection of 1 or more named persons. If a judge

or district court magistrate releases under this section a

defendant subject to protective conditions, the judge or district

court magistrate shall make a finding of the need for protective

conditions and inform the defendant on the record, either orally or

by a writing that is personally delivered to the defendant, of the

specific conditions imposed and that if the defendant violates a

condition of release, he or she will be subject to arrest without a

warrant and may have his or her bail forfeited or revoked and new

conditions of release imposed, in addition to any other penalties

that may be imposed if the defendant is found in contempt of court.

(2) An order or amended order issued under subsection (1)

shall contain all of the following:

(a) A statement of the defendant's full name.

(b) A statement of the defendant's height, weight, race, sex,

date of birth, hair color, eye color, and any other identifying

information the judge or district court magistrate considers

appropriate.

(d) A statement of the date on which the order will expire.

(e) A statement of the conditions imposed.

(3) An order or amended order issued under this subsection and

subsection (1) may impose a condition that the defendant not

purchase or possess a firearm. However, if the court orders the

defendant to carry or wear a global positioning system device as a

condition of release as described in subsection (6), the court

shall also impose a condition that the defendant not purchase or

possess a firearm.

(4) The judge or district court magistrate shall immediately

direct a law enforcement agency within the jurisdiction of the

court, in writing, to enter an order or amended order issued under

subsection (1) or subsections (1) and (3) into the law enforcement

information network as provided by the ~~L.E.I.N.~~ C.J.I.S. policy

council act, ~~of 1974, Act No. 163 of the Public Acts of 1974, being~~

House Bill No. 4453 (H-1) as amended May 1, 2008

~~sections 28.211 to 28.216 of the Michigan Compiled Laws~~ 1974 PA

163, MCL 28.211 to 28.215. If the order or amended order is

rescinded, the judge or district court magistrate shall immediately

order the law enforcement agency to remove the order or amended

order from the law enforcement information network.

(5) A law enforcement agency within the jurisdiction of the

court shall immediately enter an order or amended order into the

law enforcement information network as provided by ~~Act No. 163 of~~

~~the Public Acts of 1974~~ the C.J.I.S. policy council act, 1974 PA

163, MCL 28.211 to 28.215, or shall remove the order or amended

order from the law enforcement information network upon expiration

of the order or as directed by the court under subsection (4).

(6) If a defendant who is charged with a crime involving

domestic violence is released under this section, the judge or

district court magistrate may order the defendant to carry or wear

a global positioning system device as a condition of release. With

the informed consent of the victim, the court may also order the

defendant to provide the victim of the charged crime with an

electronic receptor device capable of receiving the global

positioning system information from the device carried or worn by

the defendant that notifies the victim if the defendant is located

within a proximity to the victim as determined by the judge or

district court magistrate in consultation with the victim. The

victim shall also be furnished with a telephone contact with the

local law enforcement agency to request immediate assistance if the

defendant is located within that proximity to the victim. [IN ADDITION,

THE VICTIM MAY PROVIDE THE COURT WITH A LIST OF AREAS FROM WHICH HE OR SHE WOULD LIKE THE DEFENDANT EXCLUDED. THE COURT SHALL CONSIDER THE VICTIM'S REQUEST AND SHALL DETERMINE WHICH AREAS THE DEFENDANT SHALL BE PROHIBITED FROM ACCESSING. THE COURT SHALL INSTRUCT THE GLOBAL POSITIONING MONITORING SYSTEM TO NOTIFY THE PROPER AUTHORITIES IF THE DEFENDANT VIOLATES THE ORDER.] In

determining whether to order a defendant to participate in global

House Bill No. 4453 (H-1) as amended May 1, 2008

positioning system monitoring, the court shall consider the

likelihood that the defendant's participation in global positioning

system monitoring will deter the defendant from seeking to kill,

physically injure, stalk, or otherwise threaten the victim prior to

trial. The victim may request the court to terminate the victim's

participation in global positioning system monitoring of the

defendant at any time. The court shall not impose sanctions on the

victim for refusing to participate in global positioning system

monitoring under this subsection. A defendant described in this

subsection shall only be released under this section if he or she

agrees to pay the cost of the device and any monitoring of the

device as a condition of release or to perform community service

work in lieu of paying that cost. As used in this subsection:

(a) "Domestic violence" means that term as defined in section

1 of 1978 PA 389, MCL 400.1501.

[(b) "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual by means of an ankle bracelet transmitter or similar device worn by the individual that transmits latitude and longitude data to monitoring authorities through global positioning satellite technology but does not contain or operate any global positioning system technology or radio frequency identification technology or similar technology that is implanted in or otherwise invades or violates the corporeal body of the individual.

(c)] "Informed consent" means that the victim was given

information concerning all of the following before consenting to

participate in global positioning system monitoring:

(i) The victim's right to refuse to participate in global

positioning system monitoring and the process for requesting the

court to terminate the victim's participation after it has been

ordered.

(ii) The manner in which the global positioning system

monitoring technology functions and the risks and limitations of

that technology[, AND THE EXTENT TO WHICH THE SYSTEM WILL TRACK AND

RECORD THE VICTIM'S LOCATION AND MOVEMENTS].

(iii) The boundaries imposed on the defendant during the global

positioning system monitoring.

(iv) Sanctions that the court may impose on the defendant for

violating an order issued under this subsection.

(v) The procedure that the victim is to follow if the

defendant violates an order issued under this subsection or if

global positioning system equipment fails.

(vi) Identification of support services available to assist the

victim to develop a safety plan to use if the court's order issued

under this subsection is violated or if global positioning system

equipment fails.

(vii) Identification of community services available to assist

the victim in obtaining shelter, counseling, education, child care,

legal representation, and other help in addressing the consequences

and effects of domestic violence.

(viii) The nonconfidential nature of the victim's communications

with the court concerning global positioning system monitoring and

the restrictions to be imposed upon the defendant's movements.

(7) ~~(6)~~ This section does not limit the authority of judges or

district court magistrates to impose protective or other release

conditions under other applicable statutes or court rules.

Enacting section 1. This amendatory act shall be known and may

be cited as "Mary's Law".