HB-4127, As Passed Senate, May 21, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4127

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 6b (MCL 765.6b), as amended by 2008 PA 192.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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 the penalty provided

under section 3f of chapter XI and 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. However, if the court orders the

defendant to carry or wear a global positioning system an

electronic monitoring 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 C.J.I.S. policy council act,

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 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, or any other assaultive crime, is released under

this section, the judge or district court magistrate may order the

defendant to carry or wear a global positioning system an

electronic monitoring 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 electronic monitoring

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

entity monitoring system the defendant's position to notify the

proper authorities if the defendant violates the order. In

determining whether to order a defendant to participate in global

positioning system wear an electronic monitoring device, the court

shall consider the likelihood that the defendant's participation in

global positioning system electronic 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 the 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. An electronic monitoring device ordered to be worn under this

section shall provide reliable notification of removal or

tampering. As used in this subsection:

     (a) "Assaultive crime" means that term as defined in section

9a of chapter X.

(b) (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) "Electronic monitoring device" includes any electronic

device or instrument that is used to track the location of an

individual, but does not include any technology that is implanted

or violates the corporeal body of the individual.

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

information concerning all of the following before consenting to

participate in global positioning system electronic monitoring:

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

positioning system that 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 program.

     (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 monitoring equipment fails to operate

properly.

     (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

the monitoring equipment fails to operate properly.

     (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 electronic

monitoring and the restrictions to be imposed upon the defendant's

movements.

     (7) 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,

including ordering a defendant to wear an electronic monitoring

device.