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Chapters 760 - 777
- CODE OF CRIMINAL PROCEDURE
Act 175 of 1927 ‑
THE CODE OF CRIMINAL PROCEDURE (760.1 - 777.69) ***** 777.13m.amended THIS AMENDED SECTION IS EFFECTIVE JANUARY 1, 2015 *****
***** 777.13m THIS SECTION IS AMENDED EFFECTIVE JANUARY 1, 2015: See 777.13m.amended *****
CHAPTER I DEFINITIONS (761.1...761.2)
Section 762.2 ‑
In-state prosecution for criminal offense; circumstances.
Section 762.4 ‑
Jurisdiction; court of record; offense near boundary line.
Section 762.5 ‑
Jurisdiction; fatal force and death in different counties.
Section 762.6 ‑
Jurisdiction; fatal force inflicted on high seas or navigable rivers.
Section 762.7 ‑
Jurisdiction; change of venue, procedure; saving clause.
Section 762.8 ‑
Jurisdiction; felony consisting of 2 or more acts.
Section 762.9 ‑
Jurisdiction; felony on moving vessel or vehicle.
Section 762.11 ‑
Criminal offense by individual between ages 17 and 20; assignment to status of youthful trainee; exceptions; definitions.
Section 762.12 ‑
Termination or revocation as youthful trainee; effect.
Section 762.14 ‑
Discharge of individual and dismissal of proceedings upon final release; assignment as youthful trainee not conviction; compliance with sex offenders registration; proceedings closed to public inspection; inspection by courts, state departments, and law enforcement personnel.
CHAPTER III RIGHTS OF PERSONS ACCUSED (763.1...763.11)
Section 763.1 ‑
Rights of accused; hearing by counsel, defense, confronting witnesses.
Section 763.4 ‑
Waiver of trial by jury; jurisdiction of judge, procedure.
Section 763.5 ‑
Acquittal on facts and merits as bar to subsequent prosecution.
Section 763.6 ‑
Acquittal on variance, insufficiency or irregularity of indictment as bar to subsequent prosecution.
Section 763.9 ‑
Failure to record or preserve recorded statement.
Section 763.10 ‑
Requirement as directive and not right conferred on individual.
Section 763.11 ‑
Duties of commission on law enforcement standards; appropriation of funds; implementation of MCL 763.7 to 763.10.
Section 764.1 ‑
Issuance of processes; authorization for issuance of warrant; exception; making complaint for arrest warrant by electronic or electromagnetic means; proof.
Section 764.1a ‑
Complaint; allegations; swearing before magistrate or clerk; finding of reasonable cause; testimony; supplemental affidavits; basis of factual obligations; complaint alleging violation of MCL 750.81 or 750.81a or corresponding ordinance; compliance with MCL 764.1; refusal to accept complaint prohibited; definitions.
Section 764.1b ‑
Warrant; recitation of accusation; directions to peace officer.
Section 764.1c ‑
Issuing warrant or endorsing complaint if accused in custody upon arrest without warrant; finding of reasonable cause; endorsement as complaint and warrant.
Section 764.1d ‑
Complaint; recitation of accusation; factual allegations.
Section 764.1e ‑
Complaint signed by peace officer; statement; making materially false statement in complaint as perjury; penalty; contempt of court.
Section 764.1f ‑
Juvenile; filing complaint and warrant with magistrate; “specified juvenile violation” defined.
Section 764.1g ‑
Arrest warrant; determination that person is parolee; use of LEIN; notice.
Section 764.2 ‑
Warrant; pursuit and apprehension of party in other county; aid.
Section 764.2a ‑
Peace officer; exercise of authority in other county, city, village, township, or university; violation involving water vessel.
Section 764.2b ‑
Authority and immunity of law enforcement officer of another state; definitions.
Section 764.3 ‑
Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 764.4 ‑
Taking person arrested pursuant to warrant before magistrate of judicial circuit in which arrest made; conditions.
Section 764.5 ‑
Taking recognizance for arrested person's appearance before magistrate of judicial circuit in which offense charged to have been committed.
Section 764.7 ‑
Taking arrested person before magistrate of judicial circuit in which offense charged to have been committed in absence of bail.
Section 764.8 ‑
Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 764.9a ‑
Minor offense; written order for summons; contents; service.
Section 764.9c ‑
Arrest without warrant for misdemeanor or ordinance violation; issuance and service of appearance ticket by police officer or specially authorized public servant; exceptions.
Section 764.9f ‑
Appearance ticket; definition; consecutive numbering; form; contents; modification.
Section 764.13 ‑
Arrest without warrant; taking arrested person before magistrate of judicial district in which offense charged to have been committed; complaint.
Section 764.14 ‑
Arrest by private person; disposition of arrested person; complaint.
Section 764.15 ‑
Arrest by officer without warrant; situations; circumstances.
Section 764.15a ‑
Arrest without warrant for assault of individual having child in common, household resident, dating relationship, or spouse or former spouse.
Section 764.15b ‑
Arrest without warrant for violation of personal protection order; answering to charge of contempt; hearing; bond; show cause order; jurisdiction to conduct contempt proceedings; prosecution of criminal contempt; prohibited actions by court; definitions.
Section 764.15c ‑
Investigation or intervention in domestic violence dispute; providing victim with notice of rights; report; retention and filing of report; development of standard domestic violence incident report form; definitions.
Section 764.15e ‑
Violation of condition of release; arrest without warrant; duties of peace officer; release on interim bond; priority to certain cases; hearing and revocation procedures.
Section 764.15f ‑
Violation of order issued by probate court or family division of circuit court; arrest without warrant; duties of police officer and court; authority of judge to arraign, take plea, or sentence; judge not available; entering order into or removing from law enforcement information network.
Section 764.15g ‑
Determination that person arrested is parolee; notice to department of corrections; compliance.
Section 764.19 ‑
Arrest; without warrant; officer, duties; return as evidence.
Section 764.23 ‑
Escape from custody or from state correctional facility; pursuit and retaking or arrest without warrant; definition.
Section 764.23a ‑
Trespass upon state correctional facility; violation; arrest without warrant; “state correctional facility” defined.
Section 764.25 ‑
Arrest; weapons and articles on prisoner; seizure, disposal.
Section 764.27 ‑
Arrest of child less than 17 years of age; procedure.
Section 764.27a ‑
Juvenile taken into custody or detained; prohibitions; confinement of juvenile in county jail; other confinement; credit for time served.
Section 764.28 ‑
Failure of person under recognizance or appeal to appear; forfeiture; issuing process for arrest of appellant or defendant.
Section 765.1 ‑
Judges and district court magistrate empowered to let accused person to bail; recognizance for appearance of accused person.
Section 765.2 ‑
Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 765.3 ‑
Judges empowered to permit committed prisoners to post bail; notice to prosecuting attorney; inquiry.
Section 765.4 ‑
Admission to bail; procedure for information, same as under indictment.
Section 765.6 ‑
Accused persons entitled to bail; amount of bail; considerations and findings; surety bond; surrender by defendant of operator's or chauffeur's license as security; receipt; expiration date; extension; written notice; return of license.
Section 765.6a ‑
Cash bond or surety as condition of granting application for bail.
Section 765.6b ‑
Release of defendant subject to protective conditions; contents of order; purchase or possession of firearm; entering or removing order from law enforcement information network; order to wear electronic monitoring device; other orders; definitions; authority to impose other conditions not limited.
Section 765.7 ‑
Permitting defendant to post bail on own recognizance if appeal taken by or on behalf of state; exception.
Section 765.8 ‑
Surety or bail posted by attorney or counselor prohibited.
Section 765.9 ‑
Surety; person acting in same capacity on other bond.
Section 765.12 ‑
Deposit of cash; certified check or certain securities in lieu of bond or bail; right.
Section 765.12a ‑
Money collected in addition to bail or bond money; disposition; purpose.
Section 765.14 ‑
Deposit of cash; filing duplicate receipts in court, effect.
Section 765.15 ‑
Bail; cash, check, or security; disposition upon forfeiture or discharge of bond or bail.
Section 765.18 ‑
Deposit of cash; redemption before forfeiture by substitution of bond.
Section 765.20 ‑
Administering oath to proposed surety to ascertain financial condition; requiring surety upon criminal recognizance to pledge real estate; value of surety's interest in real estate; executing recognizance and affidavit of justification; form; deposition of surety.
Section 765.21 ‑
Surety on recognizance; attachment of lien; record notice of lien, form, effect.
Section 765.23 ‑
Surety on recognizance; register of deeds; duty as to notices of lien and discharges; fees.
Section 765.24 ‑
Effect of chapter on certain recognizances; order releasing lien.
Section 765.26 ‑
Release of surety; arrest or detention of accused; mittimus.
Section 765.28 ‑
Default in recognizance; record; notice; summary judgment; execution; set aside of forfeiture order; discharge of bail or surety bond; conditions.
Section 765.29 ‑
Witness in criminal case; necessity of giving bail for appearance.
Section 765.31 ‑
Proceeding to enforce recognizance; venue; service of process.
CHAPTER VI EXAMINATION OF OFFENDERS (766.1...766.22)
Section 766.1 ‑
Right of state and defendant to prompt examination and determination; authority of district court magistrate.
Section 766.4 ‑
Probable cause conference and preliminary examination; dates; scope; waiver; acceptance of plea agreement; scheduling and commencement of preliminary examination; testimony of victim; definition; codefendants; examination by magistrate.
Section 766.5 ‑
Bail; commitment to jail; release on own recognizance.
Section 766.7 ‑
Adjournment, continuance, or delay of preliminary examination.
Section 766.8 ‑
Adjournment of examination; form of commitment of accused, order for re-appearance.
Section 766.10 ‑
Exclusion of persons from examination; witness not examined, minor; separation of witnesses.
Section 766.11 ‑
Subpoena of witnesses; taking down evidence in shorthand; appointment, oath, and fees of stenographer; signing of testimony not required; testimony to be typewritten, certified, received, and filed; testimony as prima facie evidence.
Section 766.11a ‑
Testimony of witness; conduct by telephonic, voice, or video conferencing.
Section 766.11b ‑
Rules of evidence; exception; hearsay testimony; "controlled substance" defined.
Section 766.12 ‑
Evidence for defense; examination, cross-examination of witnesses.
Section 766.13 ‑
Discharge of defendant or reduction of charge; binding defendant to appear for arraignment.
Section 766.14 ‑
Proceedings where offense charged not felony; transfer of case to family division of circuit court; waiver of jurisdiction; “specified juvenile violation” defined.
Section 766.15 ‑
Certification and return of examinations and recognizances; effect of refusing or neglecting to return examinations and recognizances; written demand or motion to prepare or file written transcript of testimony of preliminary examination; listening to electronically recorded testimony, copy of recording tape or disc, or stenographer's notes.
Section 766.17 ‑
Admission to bail after commitment to jail; discharge of prisoner.
Section 766.18 ‑
Admission to bail after commitment to jail; clerk of court, authority.
CHAPTER VII GRAND JURIES, INDICTMENTS, INFORMATIONS AND PROCEEDINGS BEFORE TRIAL (767.1...767.96)
Section 767.1 ‑
Courts of record; jurisdiction over prosecutions upon information.
Section 767.2 ‑
Applicability of indictment laws to informations.
Section 767.3 ‑
Proceedings before trial; inquiry; summoning witnesses; notification to judge; taking testimony; legal counsel; disqualification of judge.
Section 767.4 ‑
Proceedings before trial; apprehension of suspect; disqualification as examining magistrate; finding as to misconduct in office; disclosures, penalty, exceptions; report of no finding of criminal guilt; period of inquiry; successor judge, appointment.
Section 767.4a ‑
Proceedings before trial; unlawful use or possession of testimony, exhibits or proceedings; exceptions, penalty.
Section 767.5 ‑
Proceedings before trial; failure of witnesses to appear or answer questions; hearing, penalty; commutation or suspension of sentence.
Section 767.5a ‑
Disclosing identity of informant; privileged and confidential communications.
Section 767.6 ‑
Incriminating answers of witnesses; order granting immunity; use of truthful testimony or other information against witness in criminal case; transcript; applicability of secrecy provisions; scope of order.
Section 767.6a ‑
Docket, journal, transcript and record; seal and file; violation of secrecy; available in connection with appeal, order, receipt; destruction of transcripts, notes and records.
Section 767.7b ‑
Grand jury; petition by attorney general or county prosecuting attorneys to convene; jurisdiction; contents of petition.
Section 767.7c ‑
Grand jury convened by court of appeals; procedure; jurisdiction.
Section 767.7d ‑
Grand jury convened by court of appeals; circumstances.
Section 767.7e ‑
Grand jury convened by court of appeals; duties of court of appeals.
Section 767.7f ‑
Grand jury convened by court of appeals; term; extension; dismissal; recall.
Section 767.7g ‑
Grand jury convened by court of appeals; expansion of jurisdiction; petition.
Section 767.8 ‑
Grand jury; juror; grounds for discharge; summoning new juror.
Section 767.9 ‑
Grand jurors; alphabetical list; administration and form of oath.
Section 767.13 ‑
Grand jury; juror; grounds of objection to competency.
Section 767.14 ‑
Grand jury; no challenge of array or individual juror in other cases.
Section 767.16 ‑
Grand jury; clerk, stenographer; appointment, duties.
Section 767.19a ‑
Grand jury; order granting immunity to persons giving testimony; application; verified petition; entry of order.
Section 767.19b ‑
Delivery of immunity order to witness; use of truthful testimony or other information against witness in criminal case; transcript; duration of order granting immunity.
Section 767.19c ‑
Grand jury; witness, failing to appear, contempt; penalty; purging.
Section 767.19e ‑
Grand jury; right of witness to legal counsel; communications between witness and legal counsel.
Section 767.19f ‑
Grand jury; publication of testimony prohibited; penalty, exceptions.
Section 767.19g ‑
Furnishing testimony of witness to person indicted by grand jury.
Section 767.20 ‑
Grand jury; examination of witnesses; advice on legal matters.
Section 767.22 ‑
Grand jury; appearances to give information; deliberations or vote of grand jury.
Section 767.23a ‑
Grand jury; indictment; specifying county where offense took place.
Section 767.24 ‑
Indictments; subsection (3) to be known as Brandon D'Annunzio's law; findings and filing; limitations; extension or tolling.
Section 767.25 ‑
Indictment by grand jury; indorsement; presentment; return; filing; inspection.
Section 767.31 ‑
Warrant for arrest of indictee; persons to whom directed; place of execution.
Section 767.32 ‑
Subpoena; witness for defendant; issuance by county clerk, fee.
Section 767.33 ‑
Subpoena; witness for defendant; disobedience; penalty, civil liability.
Section 767.35 ‑
Material witness in criminal case; danger of loss of testimony; requiring witness to enter into recognizance with surety; commitment to jail.
Section 767.37a ‑
Arraignments; use of 2-way interactive video technology; access to courtroom; court record.
Section 767.39 ‑
Abolition of distinction between accessory and principal.
Section 767.40a ‑
Attaching list of witnesses to filed information; disclosing names of res gestae witnesses; sending list to defendant or defendant's attorney; additions or deletions from list; request for assistance in locating and serving process on witness; objection to request; hearing; impeachment or cross-examination of witness.
Section 767.41 ‑
Inquiry by prosecuting attorney into preliminary examination; statement of reasons for not filing information; direction by court to file proper information.
Section 767.42 ‑
Preliminary examination as prerequisite to filing of information; remand where right waived without benefit of counsel; fugitives from justice.
Section 767.44 ‑
Indictment; forms for particular offenses; bill of particulars.
Section 767.45 ‑
Contents of indictment or information; felony in which motor vehicle used.
Section 767.47 ‑
Indictment; effect of repugnant and unnecessary allegations.
Section 767.48 ‑
Indictment; necessity of negativing statutory exception.
Section 767.49 ‑
Indictment; statement of name of individual, association or corporation.
Section 767.55 ‑
Indictment; allegation of certain matters in the alternative.
Section 767.60 ‑
Indictment; allegations in embezzlement, larceny and false pretense cases.
Section 767.61 ‑
Indictment; description of money, bonds, mortgage and similar instrument in offense relating thereto.
Section 767.61a ‑
Indictment; offense committed by sexually delinquent person; prosecution; expert testimony provided; examination of witnesses; testimony in open court; record; punishment.
Section 767.62 ‑
Place of indictment, trial and conviction; receiver of stolen property.
Section 767.63 ‑
Place of indictment; removal of stolen property from another county.
Section 767.64 ‑
Place and manner of indictment, conviction and punishment; removing stolen property from another state or country; prior conviction or acquittal.
Section 767.65 ‑
Place and manner of indictment; receiver of property stolen in another state or country.
Section 767.66 ‑
Place and manner of indictment; person aiding and abetting thief who removes stolen property from another state or country.
Section 767.67 ‑
Indictment; charging accessory without principal; substantial felony.
Section 767.68 ‑
Indictment; charge of jointly receiving or concealing stolen property; conviction of less than all indictees.
Section 767.69 ‑
Indictment for larceny; additional counts; conviction; election between counts unnecessary.
Section 767.70 ‑
Indictment for libel; statement of application to party libelled.
Section 767.71 ‑
Indictment for murder and manslaughter; charging act.
Section 767.72 ‑
Indictment for manslaughter; added count for abortion; admissibility of dying declaration under either count.
Section 767.75 ‑
Indictment; certain defects; quashing not allowed; remedy.
Section 767.76 ‑
Indictment; time of objection to defect; amendment; discharge of jury; continuance of cause; double jeopardy; review of action by court.
Section 767.77 ‑
Commission to examine out-of-state witness; granting on application of defendant.
Section 767.78 ‑
Commission to examine out-of-state witness; interrogatories; reading of deposition.
Section 767.79 ‑
Conditional examination of witness for defendant; order; notice to prosecutor.
Section 767.83 ‑
Indictment involving intent to defraud; sufficiency of allegations and proof.
Section 767.92 ‑
Attendance in another state; hearing; summons; custody; fee.
Section 767.94a ‑
Disclosure of certain material or information by defendant to prosecuting attorney; compliance; motion for good cause.
Section 767A.2 ‑
Investigative subpoenas; petition for authorization; contents; filing; application for immunity; confidentiality of application; exemption from disclosure.
Section 767A.3 ‑
Investigative subpoenas; issuance; circumstances; contents and scope of order; additional subpoenas; supplemental petitions; filing.
Section 767A.4 ‑
Investigative subpoenas; contents; service of process.
Section 767A.5 ‑
Appearance before prosecuting attorney; administration of oaths and affirmations; right to legal counsel; testimony with respect to records, documents or physical evidence; informing person of rights against self-incrimination; furnishing copy of testimony to defendant; effect of failure to provide copy of testimony; furnishing copy of testimony after direct examination of witness.
Section 767A.6 ‑
Motion to order compliance with subpoena; filing; notice; hearing; court order; order violating statutory privilege or constitutional right prohibited; further protections; disclosure by reporter of informant or related information; circumstances.
Section 767A.9 ‑
Knowingly making false statement as perjury; penalty; neglect or refusal to comply with subpoena as contempt; determination that witness has purged himself or herself of contempt; commutation of sentence.
Section 768.1 ‑
Speedy trial; right of parties; duty of public officers.
Section 768.2 ‑
Criminal cases; precedence; adjournment; continuance.
Section 768.4 ‑
Proof of felony at trial for misdemeanor; effect.
Section 768.5 ‑
Defendants jointly indicted; separation of trials.
Section 768.6 ‑
Commission of offense in certain state institutions; penalty.
Section 768.7 ‑
Jurisdiction over cases arising under MCL 768.6; proceedings; examination; warrant; custody of person confined; applicability of section and MCL 768.6.
Section 768.7a ‑
Commission of crime during incarceration in or escape from penal or reformatory institution; felony committed while on parole; term of imprisonment; supplementary powers conferred upon court.
Section 768.7b ‑
Commission of subsequent felony by person charged with felony; consecutive sentences; report.
Section 768.8 ‑
Issues of fact to be tried by jury; waiver of trial by jury.
Section 768.9 ‑
Challenge to juror for cause; membership on grand jury.
Section 768.10 ‑
Challenge to juror for cause; effect of opinion or impression not positive in character; declaration by juror.
Section 768.12 ‑
Peremptory challenge; offense not punishable by death or life imprisonment; number.
Section 768.13 ‑
Peremptory challenge; offense punishable by death or life imprisonment; number.
Section 768.17 ‑
Jurors; medical attendance; use of newspapers and letters.
Section 768.18 ‑
Jury; impaneling; number of members; qualifications; excusing jurors; reducing jury to 12 members.
Section 768.20 ‑
Alibi as defense in felony case; notice of intention to claim defense; notice of rebuttal; disclosure and calling of additional witnesses.
Section 768.20a ‑
Insanity as defense in felony case; notice of intention to assert defense; examination; independent psychiatric evaluation; cooperation required; admissibility of statements; report; notice of rebuttal; admissibility of reports; “qualified personnel” defined.
Section 768.21 ‑
Failure to file and serve notices or to state names of witnesses with particularity; exclusion of evidence.
Section 768.21b ‑
Breaking prison; defense of duress; notices; additional witnesses; consideration of conditions.
Section 768.21c ‑
Use of deadly force by individual in own dwelling; "dwelling" defined.
Section 768.22 ‑
Rules of evidence; applicability of criminal and quasi criminal proceedings; evidence of prior conviction.
Section 768.26 ‑
Evidence; use of former testimony; deposition for defendant.
Section 768.27a ‑
Evidence that defendant committed another listed offense against minor; admissibility; disclosure of evidence to defendant; definitions.
Section 768.27b ‑
Domestic violence offense; commission of other domestic violence acts; admissibility; disclosure; definitions; applicability of section.
Section 768.27c ‑
Statement by declarant; admissibility; circumstances relevant to trustworthiness; disclosure; privilege; definitions; applicability of section.
Section 768.28a ‑
Evidence obtained pursuant to federal court order authorizing or approving interception of wire or oral communications; admissibility.
Section 768.29 ‑
Judge's duty at trial; effect of failure to instruct.
Section 768.29a ‑
Defense of insanity in criminal action tried before jury; instructions.
Section 768.31 ‑
Joint defendants; discharge for insufficient evidence.
Section 768.32 ‑
Indictment for offense consisting of different degrees or for offense specified in MCL 333.7401 and 333.7403; finding of jury or judge; instructions.
Section 768.33 ‑
Offense consisting of different degrees; subsequent trial prohibited.
Section 768.34 ‑
Discharged or acquitted prisoner; liability for costs or fees.
Section 768.35 ‑
Plea of guilty; investigation by judge; sentence; refusal to accept.
Section 768.36 ‑
Defense of insanity in compliance with MCL 768.20a; finding of “guilty but mentally ill”; waiver of right to trial; plea of guilty but mentally ill; examination of reports; hearing; sentence; evaluation and treatment; discharge; report to parole board; treatment as condition of parole or probation; period of probation; psychiatric reports.
Section 768.37 ‑
Under influence of or impairment by alcoholic liquor or drug as defense prohibited; exception; definitions.
CHAPTER IX JUDGMENT AND SENTENCE (769.1...769.36)
Section 769.1 ‑
Authority and power of court; crimes for which juvenile to be sentenced as adult; fingerprints as condition to sentencing; hearing at juvenile's sentencing; determination; criteria; waiver; violation of MCL 333.7403; statement on record; transcript; reimbursement provision in order of commitment; disposition of collections; order to intercept tax refunds and initiate offset proceedings; notice; order directed to person responsible for juvenile's support; hearing; copy of order; retention of jurisdiction over juvenile; annual review; examination of juvenile's annual report; forwarding report.
Section 769.1b ‑
Review hearing for juvenile placed on probation and committed; determination; considerations; time of review hearing; notice; legal counsel; costs; commitment reports; final review; imposition of sentence for adult offender; notice; cost of appointed counsel; credit for time served.
Section 769.1e ‑
Violations of criminal law; licensing sanctions; report of finding to secretary of state; “license” defined.
Section 769.1f ‑
Expenses for which court may order person convicted to reimburse state or local unit of government; payment; reimbursement as condition of probation or parole; enforcement of order; expenses for emergency response; definitions.
Section 769.1g ‑
Offense relating to riot, incitement to riot, unlawful assembly or civil disorder within public community college, college, or university campus.
Section 769.1j ‑
Court ordered fine, costs, or assessments; minimum amounts; definitions.
Section 769.1 l ‑
Order of restitution; deduction; payment to court; priority.
Section 769.2a ‑
Persons sentenced for certain crimes not eligible for custodial incarceration outside state correctional facility or county jail; “state correctional facility” defined; effect of security classification waiver.
Section 769.3 ‑
Conditional sentence; payment of fine; probation.
Section 769.4a ‑
Assault on spouse, former spouse, individual with child in common, dating relationship, or household resident; plea or finding of guilty; deferral of proceedings; order of probation; previous convictions; adjudication of guilt upon violation of probation; mandatory counseling program; costs; circumstances for entering adjudication of guilt; discharge and dismissal; limitation; court proceedings open to public; retention of nonpublic record by department of state police; definitions.
Section 769.5 ‑
Alternative or combined penalties; power of court.
Section 769.7 ‑
Recognizance to keep peace; breach of condition; procedure.
Section 769.8 ‑
Definite term prohibited for conviction for first time for felony; fixing minimum term; stating maximum term; examination of convict; entering facts in minutes of court.
Section 769.9 ‑
Indeterminate sentence inapplicable where only punishment is life imprisonment; indeterminate sentence in cases where imprisonment for life discretionary; indeterminate sentence in cases involving major controlled substance offense.
Section 769.10 ‑
Punishment for subsequent felony; sentence imposed for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.
Section 769.11 ‑
Punishment for subsequent felony following conviction of 2 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.
Section 769.12 ‑
Punishment for subsequent felony following conviction of 3 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited; eligibility for parole; provisions not in derogation of consecutive sentence; definitions.
Section 769.13 ‑
Notice of intent to seek enhanced sentence; filing by prosecuting attorney; challenge to accuracy or constitutional validity; evidence of existence of prior conviction; determination by court; burden of proof.
Section 769.14 ‑
Review of sentence of prisoner or parolee; application; rights of prisoner.
Section 769.16 ‑
Clerk of court and sheriff; duty in executing sentence; fine or imprisonment in county jail; transcript.
Section 769.16a ‑
Report by clerk of final disposition to department of state police; forms; fingerprints; reporting conviction; report of vacated judgment; entry of disposition into database.
Section 769.16b ‑
Finding of not guilty by reason of insanity; entering order into Law Enforcement Information Network.
Section 769.17 ‑
Clerk of court and sheriff; duty in executing sentence; imprisonment in state prison; warrant, abstract of conviction.
Section 769.18 ‑
Record after sentence of imprisonment; duty of clerk; contents, forwarding, fee.
Section 769.25 ‑
Criminal defendant less than 18 years; circumstances; imprisonment for life without possibility of parole; violations; motion; response; hearing; record; sentence.
Section 769.25a ‑
Case as final on or before June 24, 2012; effect of state supreme court or United States supreme court decision; procedures; resentencing hearings; priority; credit for time served.
Section 769.27 ‑
Change of sentence by court; notice to prosecuting attorney, defendant, and defendant's counsel; objection; hearing.
Section 769.28 ‑
Commitment or sentence for maximum of 1 year; place; section inapplicable to certain juveniles.
Section 769.36 ‑
Deaths arising out of same criminal transaction; crimes to which person may be charged and convicted; consecutive terms; definitions.
CHAPTER X NEW TRIALS, WRITS OF ERROR AND BILLS OF EXCEPTIONS (770.1...770.16)
Section 770.8 ‑
Bail between trial court judgment and decision of appellate court.
Section 770.9 ‑
Bail during pendency of appeal or application for leave to appeal.
Section 770.9a ‑
Detention and denial of bail where defendant convicted of assaultive crime; “assaultive crime” defined; expediting appeal or application for leave to appeal.
Section 770.9b ‑
Detention and denial of bail where defendant convicted of sexual assault of minor; definitions.
Section 770.12 ‑
Appeal by people; right of defendant to bail upon appeal; provisions governing section.
Section 770.16 ‑
DNA testing; petition; filing; availability of biological material; court order; findings; costs; results; granting or denying request for new trial; notice of petition to victim; preservation of biological material identified.
Section 771.1 ‑
Requirements for probation; delayed sentence; fee; applicability of section to certain juveniles.
Section 771.2 ‑
Probation period; order fixing period and conditions of probation; registration pursuant to sex offenders registration act; reduction in probation period; subsection (1) inapplicable to certain juveniles.
Section 771.2a ‑
Probation for not more than 5 years; probation for term of years; order fixing period and conditions of probation; applicability of section to certain juveniles; probation for not less than 5 years; conditions; residing or working within school safety zone; exemption; definitions.
Section 771.3 ‑
Probation; conditions; entry of order into LEIN; costs as part of sentence of probation; compliance as condition of probation; revocation of probation; fees in delayed or deferred entry of judgment or sentencing.
Section 771.3c ‑
Probation supervision fee; enforcement of probation oversight fee; person subject to other obligations arising out of criminal proceeding; applicability of section to certain juveniles.
Section 771.3d ‑
Verification of employment or school enrollment; order of release contingent upon county sheriff approval; "school" defined.
Section 771.3e ‑
Release to attend work or school; electronic monitoring; order; payment of installation, maintenance, monitoring, and removal costs; program.
Section 771.3f ‑
Electronic monitoring device; removal, destruction, or circumvention prohibited; interference with signal, impulse, or data prohibited; exceptions; violation as felony; penalties; "electronic monitoring device" defined.
Section 771.4 ‑
Legislative intent; revocation of probation; procedure; sentence; section inapplicable to certain juveniles.
Section 771.4a ‑
Violation of sex offenders registration act; probation revocation.
Section 771.5 ‑
Termination of probation period; report; discharge of probationer from supervision; suspension of sentence; extension of probation; section inapplicable to certain juveniles.
Section 771.7 ‑
Revoking probation of juvenile for conviction of felony or misdemeanor; commitment of juvenile to department of corrections; violation of probation; order.
Section 771.14 ‑
Presentence investigation report; contents; information related to victim prohibited from inclusion; information exempted from disclosure; amendment or alteration; review of report; challenge; findings; copies.
Section 771.14a ‑
Inquiry and report before sentencing juvenile; disclosures; exemptions; review of report; challenges or responses to challenges; finding; amendment of report; copy of report and attachments; report additional to presentence investigation report.
Section 771A.3 ‑
State swift and sure sanctions program; intent to create; objectives.
Section 771A.4 ‑
Swift and sure probation supervision; program grants.
Section 771A.5 ‑
Swift and sure probation supervision; powers and authority of program.
Section 771A.6 ‑
Programming and eligibility requirements; consultation.
CHAPTER XII PROCEEDINGS TO PREVENT CRIME (772.1...772.15)
Section 772.1 ‑
Power of district or municipal judge to cause laws for preservation of public peace to be kept; requiring security to keep peace.
Section 772.2 ‑
Complaint; examination of complainant and witnesses.
Section 772.4 ‑
Trial by jury or before court without jury; conduct of trial and selection of jury; recognizance to keep peace; special verdict.
Section 772.5 ‑
Compliance with order of court; discharge of accused.
Section 772.6 ‑
Failure to pay recognizance; commitment to county jail; hearing.
Section 772.7 ‑
Discharge of accused; unfounded, frivolous, or malicious complaint; payment of cost.
Section 772.10 ‑
Appellate court to affirm order, discharge appellant, or require appellant to enter into new recognizance; costs.
Section 772.11 ‑
Failure to prosecute appeal; effect on recognizance; costs; condition.
Section 772.12 ‑
Discharge of person committed upon giving required security.
Section 772.13b ‑
Violation of peace bond; order to appear; warrant; hearing.
Section 772.14 ‑
Forfeiture of recognizance; remission of part of penalty; petition.
CHAPTER XIII PROCEEDINGS FOR THE DISCOVERY OF CRIME (773.1...773.23)
Section 773.3 ‑
Inquest; oath or affirmation to be administered jurors; view of body by jurors not required.
Section 773.4 ‑
Inquest; subpoenas for witnesses; enforcement; requiring attendance by physician or surgeon; employment of chemist; compensation; audit and allowance.
Section 773.5 ‑
Inquest; oath or affirmation to be administered witnesses.
Section 773.6 ‑
Inquest; recording testimony of witnesses; transcript.
Section 773.9 ‑
Returning inquisition, physical evidence, and transcript to circuit court or recorder's court if jury finds murder, manslaughter, or assault committed.
Section 773.15 ‑
Complaint concerning deceased person buried in judicial district; request of prosecuting attorney or medical examiner; examination of complainant who knows or has good reason to believe deceased person came to death by means of poison or violence or in consequence of criminal act; postmortem examination; disinterment.
Section 773.16 ‑
Inquest by justice of the peace; body once buried; reinterment.
Section 773.18 ‑
Property of value found on unknown decedent; deposit with county treasurer; ultimate disposition, time.
CHAPTER XIV JURISDICTION AND PROCEDURE OF JUSTICES' COURTS IN CRIMINAL CASES (774.1...774.49)
Section 774.1 ‑
Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 774.1a ‑
Arraignment of accused charged with misdemeanor or ordinance violation; reading charge to accused; entering plea in court's minutes.
Section 774.1b ‑
Plea of not guilty or refusal to plead; setting date for trial; right to trial by jury; election.
Section 774.1d ‑
Acquittal of accused in misdemeanor or ordinance violation case; discharge; costs.
Section 774.1e ‑
Refusal by, or neglect of, complainant to pay costs; judgment; execution; disposition of money collected.
Section 774.2a ‑
Docket; cover or binder for docket sheets; alphabetical index; forms and dockets to be furnished by county.
Section 774.3 ‑
Dockets, files, and indexes as public records; inspection and examination; delivery of completed dockets with indexes to county clerk; destruction of files.
Section 774.9 ‑
Authority of municipal court judge to issue subpoena and administer oaths in misdemeanor and ordinance violation cases.
Section 774.10 ‑
Jurors or witness; failure to appear or refusal to be sworn or to testify; liability.
Section 774.13 ‑
Directing disinterested person to strike out names for parties; issuance of venire.
Section 774.14 ‑
Police officer to summon jurors; list; returning list with venire to court.
Section 774.18 ‑
New jury; continuation of proceedings; consent to trial by court.
Section 774.19 ‑
Oath or affirmation to be administered jurors in misdemeanor or ordinance violation case.
Section 774.20 ‑
Jurors; sitting together and hearing proofs and allegations; agreement on verdict or discharge; officer to take charge of jury.
Section 774.22 ‑
Judgment and sentence; costs and expenses; punishment.
Section 774.26a ‑
Blank forms for recording information concerning money received in criminal case; approval; completion.
Section 774.26c ‑
Account in financial institution for money received in criminal cases; deposits and withdrawals; secured deposits; limitation on acceptable assets; “financial institution” defined.
Section 774.28 ‑
Neglecting to pay fine or costs; action by county treasurer; neglecting to pay over fine to county treasurer as misdemeanor; punishment; judge to keep exact record of proceedings; liability.
Section 774.42 ‑
Circuit court; continuing recognizance or requiring new recognizance; default.
Section 774.43 ‑
Circuit court; discharge of defendant if found not guilty; entering judgment, sentence, and imposing costs if defendant convicted on appeal; remanding defendant back to county jail; credit for fine paid.
Section 774.44 ‑
Withdrawal or dismissal of appeal; order revoking recognizance and directing sentence be carried out.
Section 774.47 ‑
Municipal court having more than 1 judge; powers of any judge in connection with trial and disposition of case.
Section 774.48 ‑
Delivery of files, indexes, and dockets to successor of municipal judge; audit of judge's records; audit report; certificate; effectiveness.
Section 774.49 ‑
Municipal court to be governed by statutes and supreme court rules applicable to district court; exceptions.
Section 775.2 ‑
Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 775.3 ‑
Fees; services of constables; additional compensations.
Section 775.4 ‑
Fees; services of sheriff; additional compensations.
Section 775.7 ‑
Expenses of certain witnesses for people; order directing payment.
Section 775.8 ‑
Expenses of certain witnesses for people; certified copy of order.
Section 775.9 ‑
Expenses of certain witnesses for people; payment by county treasurer.
Section 775.13 ‑
Witness for prosecution; fees; law enforcement officer.
Section 775.14 ‑
Witness for prosecution; proving attendance and travel; order.
Section 775.16 ‑
Appointment of counsel under Michigan indigent defense commission act.
Section 775.17 ‑
Accused unable to procure counsel; attorney, duty; enlarged compensation.
Section 775.18 ‑
Accused unable to procure counsel; number of attorneys; affidavit.
Section 775.20 ‑
Expenses of prosecution for malfeasance in state office; payment.
Section 775.21 ‑
Proceeding instituted by attorney general; costs, payment by state.
Section 775.22 ‑
Allocation and application of money collected; “victim payment” defined.
CHAPTER XVI MISCELLANEOUS PROVISIONS (776.1...776.22)
Section 776.6 ‑
Extradition; agent to demand certain persons from another state or government; appointment; payment of accounts.
Section 776.7 ‑
Extradition; demand for certain persons by another state; warrant to sheriff, examination, attorney general's report.
Section 776.8 ‑
Extradition; warrant to agent; issuance, contents.
Section 776.9 ‑
Extradition; persons liable to; complaint, warrant.
Section 776.11 ‑
Extradition; failure or inability to recognize, commitment, default.
Section 776.12 ‑
Extradition; discharge, delivery to authorized person, new recognizance or commitment.
Section 776.13 ‑
Extradition; complainant to support prisoner and cost, liability; failure to pay, effect.
Section 776.14 ‑
Prosecuting attorney; right to defend person charged with crime in county.
Section 776.15 ‑
Prosecuting attorney; right to defend accused in case transferred from another county; county liable for assistance in prosecution.
Section 776.18 ‑
Assistant; right of prosecutor to procure; compensation; prohibition.
Section 776.19 ‑
Reward for criminal or escaped prisoner; authority to offer and pay.
Section 776.20 ‑
Firearms violations; burden of establishing exception.
Section 776.21 ‑
“Law enforcement officer” and “victim” defined; submitting victim to polygraph examination or lie detector test; giving polygraph examination or lie detector test to defendant upon request.
Section 776.22 ‑
Domestic violence calls; development, implementation, and evaluation of written policies and standards by police agencies; definitions.
CHAPTER XVII SENTENCING GUIDELINES (777.1...777.69)
Section 777.11 ‑
Chapters 1 to 199 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.11a ‑
Chapters 1 to 27 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.11b ‑
Applicability of chapter to certain felonies; MCL 28.214(6)(b) to 28.754(1).
Section 777.11c ‑
Chapters 29 to 167 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.11d ‑
Chapter 168 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.11e ‑
Chapters 169 to 199 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.12 ‑
Chapters 200 to 299 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.12g ‑
MCL 257.626(3) to 257.744a; felonies to which chapter applicable.
Section 777.13 ‑
Chapters 300 to 399 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.13b ‑
Applicability of chapter to certain felonies; MCL 324.1608 to 324.2157(1)(d).
Section 777.13c ‑
Applicability of chapter to certain felonies; MCL 324.3115(2) to 324.21548(1).
Section 777.13d ‑
Applicability of chapter to certain felonies; MCL 324.30316(3) to 324.33939(1).
Section 777.13e ‑
Applicability of chapter to certain felonies; MCL 324.40118(11) to 324.52908(1)(d).
Section 777.13f ‑
Applicability of chapter to certain felonies; MCL 324.61511 to 324.61521(1).
Section 777.13g ‑
Applicability of chapter to certain felonies; MCL 324.76107(3) to 324.82160(3).
Section 777.13j ‑
Applicability of chapter to certain felonies; MCL 328.232 and 330.1944.
Section 777.13k ‑
Applicability of chapter to certain felonies; MCL 333.2685 to 333.5661.
Section 777.13m ‑
Applicability of chapter to certain felonies; MCL 333.7340 to 333.7417.
Section 777.13n ‑
Applicability of chapter to certain felonies; MCL 333.10116(1) to 333.26424(k).
Section 777.13p ‑
Applicability of chapter to certain felonies; MCL 338.823 to 388.1937.
Section 777.14 ‑
Chapters 400 to 499 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.14a ‑
Applicability of chapter to certain felonies; MCL 400.60(2) to 400.722(4).
Section 777.14b ‑
Applicability of chapter to certain felonies; MCL 408.1035(5) to 409.122(3).
Section 777.14c ‑
Applicability of chapter to certain felonies; MCL 421.54 to 421.54c.
Section 777.14d ‑
Applicability of chapter to certain felonies; MCL 431.257 to 432.218.
Section 777.14f ‑
Applicability of chapter to certain felonies; MCL 436.1701(2) to 436.1919.
Section 777.14g ‑
Applicability of chapter to certain felonies; MCL 438.41 to 444.107.
Section 777.14h ‑
Applicability of chapter to certain felonies; MCL 445.65 to 445.2507(2).
Section 777.14j ‑
Applicability of chapter to certain felonies; MCL 450.775 to 451.2508.
Section 777.14m ‑
Applicability of chapter to certain felonies; MCL 462.257(1) to 472.36.
Section 777.14p ‑
Applicability of chapter to certain felonies; MCL 482.44 to 493.56a(13).
Section 777.15 ‑
Chapters 500 to 749 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.15a ‑
Chapters 500 to 550 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.15b ‑
Chapters 551 to 570 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.15d ‑
Chapter 600 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.15f ‑
Chapters 700 to 720 of Michigan Compiled Laws; felonies to which chapter applicable.
Section 777.15g ‑
Chapters 721 to 730 of Michigan Compiled Laws; felonies to which chapters applicable.
Section 777.16 ‑
Chapter 750 of Michigan compiled laws; felonies to which chapter applicable.
Section 777.16a ‑
MCL 750.13 to 750.32; felonies to which chapter applicable.
Section 777.16b ‑
MCL 750.49(2)(a) to (d) to 750.68; felonies to which chapter applicable.
Section 777.16c ‑
MCL 750.72 to 750.80; felonies to which chapter applicable.
Section 777.16d ‑
MCL 750.81(4) to 750.91; felonies to which chapter applicable.
Section 777.16e ‑
MCL 750.93 to 750.106; felonies to which chapter applicable.
Section 777.16f ‑
MCL 750.110 to 750.131a; felonies to which chapter applicable.
Section 777.16g ‑
MCL 750.135 to 750.147b; felonies to which chapter applicable; violation of MCL 750.145d.
Section 777.16h ‑
MCL 750.149 to 750.157w; felonies to which chapter applicable.
Section 777.16i ‑
MCL 750.158 to 750.182a; felonies to which chapter applicable.
Section 777.16j ‑
MCL 750.183 to 750.199a; felonies to which chapter applicable.
Section 777.16k ‑
MCL 750.200 to 750.212a; felonies to which chapter applicable.
Section 777.16 l ‑
MCL 750.213 to 750.219f; felonies to which chapter applicable.
Section 777.16m ‑
MCL 750.223(2) to 750.237(4); felonies to which chapter applicable.
Section 777.16n ‑
MCL 750.241 to 750.263; felonies to which chapter applicable.
Section 777.16o ‑
MCL 750.271 to 750.313; felonies to which chapter applicable.
Section 777.16p ‑
MCL 750.317 to 750.329a; felonies to which chapter applicable.
Section 777.16q ‑
MCL 750.332 to 750.350a; felonies to which chapter applicable.
Section 777.16r ‑
MCL 750.356(2) to 750.374; felonies to which chapter applicable.
Section 777.16s ‑
MCL 750.377a(1)(a) to 750.406; felonies to which chapter applicable.
Section 777.16t ‑
MCL 750.410a to 750.411w; felonies to which chapter applicable.
Section 777.16u ‑
MCL 750.413 to 750.421b; felonies to which chapter applicable.
Section 777.16v ‑
MCL 750.422 to 750.441; felonies to which chapter applicable.
Section 777.16w ‑
MCL 750.451 to 750.465a(1)(c); felonies to which chapter applicable.
Section 777.16x ‑
MCL 750.478a(2) to 750.512; felonies to which chapter applicable.
Section 777.16y ‑
MCL 750.520b(2) to 750.532; felonies to which chapter applicable.
Section 777.16z ‑
MCL 750.535(2) to 750.535b; felonies to which chapter applicable.
Section 777.16aa ‑
MCL 750.539c to 750.540g(1)(d); felonies to which chapter applicable.
Section 777.16bb ‑
MCL 750.543f to 750.552c; felonies to which chapter applicable.
Section 777.17 ‑
Applicability of chapter to certain felonies; chapters 751 to 830.
Section 777.17b ‑
Applicability of chapter to certain felonies; MCL 752.272a(2)(c) to 752.543.
Section 777.17c ‑
Applicability of chapter to certain felonies; MCL 752.797(1)(c) to 752.797(3)(f); determination.
Section 777.17d ‑
Applicability of chapter to certain felonies; MCL 752.802 to 752.1084.
Section 777.17f ‑
Applicability of chapter to certain felonies; MCL 764.1e to 791.236(17).
Section 777.17g ‑
Applicability of chapter to certain felonies; MCL 800.281(1) to 801.263(2).
Section 777.18 ‑
MCL 333.7410 to 750.367a; felonies to which chapter applicable.
PART 3 SCORING INSTRUCTIONS FOR SENTENCING GUIDELINES (777.21...777.22)
Section 777.33 ‑
Physical injury to victim; "requiring medical treatment" defined.
Section 777.45 ‑
Aggravated controlled substance offenses; definitions.
Section 777.48 ‑
Operator ability affected by alcohol or drugs; “any bodily alcohol content” defined.
Section 777.49 ‑
Security threat to penal institution or court or interference with administration of justice or emergency services.
Section 777.50 ‑
Conviction or juvenile adjudication 10 or more years from discharge and commission of next offense.
Section 777.55 ‑
Prior misdemeanor convictions or prior misdemeanor juvenile adjudications.