HOUSE BILL No. 4453

 

March 13, 2007, Introduced by Reps. Caul, Meadows, Booher, Hansen, Moolenaar, Rick Jones, Moore, Gaffney, Hune, Nofs, Emmons and Miller and referred to the Committee on Judiciary.

 

     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.

 

     (c) A statement of the date the conditions become effective.

 

     (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.

 

     (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. policy council act

 

of 1974, Act No. 163 of the Public Acts of 1974, being sections

 

28.211 to 28.216 of the Michigan Compiled Laws 1974 PA 163, MCL

 


28.211 to 28.216. 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 L.E.I.N. policy council act of 1974,

 

1974 PA 163, MCL 28.211 to 28.216, 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, after consultation with the victim,

 

order the defendant to carry or wear a global positioning system

 

device as a condition of release and 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. 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. 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. As used in this subsection,

 

"domestic violence" means that term as defined in section 1 of 1978

 

PA 389, MCL 400.1501.

 

     (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".