November 5, 2008, Introduced by Senators BARCIA, KAHN, KUIPERS and ALLEN and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 37a of chapter VII (MCL 767.37a), as amended by
2006 PA 655.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER VII
Sec.
37a. (1) A Whenever
possible, a judge or district court
magistrate
may shall conduct initial criminal arraignments and set
bail by 2-way interactive video technology communication between a
court facility and a prison, jail, or other place where a person is
imprisoned or detained. A judge or district court magistrate may
conduct initial criminal arraignments and set bail on weekends,
holidays, or at any time as determined by the court.
(2) A 2-way interactive video technology system used under
this section shall enable the accused and the judge or district
court magistrate to see, hear, and communicate with each other
simultaneously, and shall enable defense counsel and the
prosecuting attorney, if present, to be heard by and to communicate
simultaneously with the accused, the judge or district court
magistrate, and opposing counsel.
(3) Except as otherwise provided by law, the public shall have
access
to the courtroom or other location
, that allows them to
view and hear the proceedings.
(4) If proceedings conducted under this section are not
recorded by an individual certified by the state court
administrative office, the court shall record and maintain an
original audiovisual recording of the entire proceedings. A
recording made under this subsection shall become part of the court
record.
(5)
This act does not prohibit the use of Whenever possible, a
judge or district court magistrate shall use 2-way interactive
video technology for arraignments on the information, criminal
pretrial hearings, criminal pleas, sentencing hearings for
misdemeanor violations cognizable in the district court, show cause
hearings,
or other criminal proceedings. , to the extent the
Michigan supreme court has authorized that use.