THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
***** 761.1 THIS SECTION IS AMENDED EFFECTIVE JUNE 29, 2017: See 761.1.amended *****
As used in this act:
(a) "Person", "accused", or a similar word means an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.
(b) "Act" or "doing of an act" includes "omission to act".
(c) "Property" includes any matter or thing upon or in respect to which an offense may be committed.
(d) "Indictment" means 1 or more of the following:
(i) An indictment.
(ii) An information.
(iii) A presentment.
(iv) A complaint.
(v) A warrant.
(vi) A formal written accusation.
(vii) Unless a contrary intention appears, a count contained in any document described in subparagraphs (i) through (vi).
(e) "Writing", "written", or a similar term refers to words printed, painted, engraved, lithographed, photographed, copied, traced, or otherwise made visible to the eye.
(f) "Magistrate" means a judge of the district court or a judge of a municipal court. Magistrate does not include a district court magistrate, except that a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided in this act, the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947, or any other statute. This definition does not limit the power of a justice of the supreme court, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases under this act, or deprive him or her of the power to exercise the authority of a magistrate.
(g) "Felony" means a violation of a penal law of this state for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.
(h) "Misdemeanor" means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.
(j) "Ordinance violation" means either of the following:
(i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine.
(ii) A violation of an ordinance, rule, or regulation of any other governmental entity authorized by law to enact ordinances, rules, or regulations that is punishable by imprisonment or a fine that is not a civil fine.
(k) "Minor offense" means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00.
(l) "Prosecuting attorney" means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based.
(m) "Judicial district" means the following:
(i) With regard to the circuit court, the county.
(ii) With regard to municipal courts, the city in which the municipal court functions or the village served by a municipal court under section 9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928.
(iii) With regard to the district court, the county, district, or political subdivision in which venue is proper for criminal actions.
(n) "Complaint" means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense.
(o) "Clerk" means the clerk or a deputy clerk of the court.
(p) "Federal law enforcement officer" means an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility is enforcing laws of the United States.
(q) "Jail", "prison", or a similar word includes a juvenile facility in which a juvenile has been placed pending trial under section 27a of chapter IV.
(r) "Juvenile" means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606.
(s) "Juvenile facility" means a county facility, institution operated as an agency of the county or family division of circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, to which a juvenile has been committed under section 27a of chapter IV.
(t) "County juvenile agency" means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622.
(u) "Taken", "brought", or "before" a magistrate or judge for purposes of criminal arraignment or the setting of bail means either of the following:
(i) Physical presence before a judge or district court magistrate.
(ii) Presence before a judge or district court magistrate by use of 2-way interactive video technology.
History: 1927, Act 175, Eff. Sept. 5, 1927
CL 1929, 17118
CL 1948, 761.1
Am. 1974, Act 63, Eff. May 1, 1974
Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Am. 1987, Act 256, Imd. Eff. Dec. 28, 1987
Am. 1988, Act 49, Imd. Eff. Mar. 11, 1988
Am. 1988, Act 67, Eff. Oct. 1, 1988
Am. 1994, Act 229, Imd. Eff. June 30, 1994
Am. 1996, Act 418, Eff. Jan. 1, 1998
Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999
Am. 1999, Act 76, Eff. Oct. 1, 1999
Am. 2007, Act 20, Imd. Eff. June 19, 2007
Compiler's Notes: Section 3 of Act 67 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 173 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”MCL 761.1 does not contain subdivision (i) of section 1. Evidently, this subdivision was inadvertently omitted.
Former Law: See sections 18, 20, and 21 of Ch. 161 of R.S. 1846, being CL 1857, §§ 5954, 5956, and 5957; CL 1871, §§ 7820, 7822, and 7823; How., §§ 9430, 9432, and 9433; CL 1897, §§ 11791, 11793, and 11794; CL 1915, §§ 15618, 15620, and 15621.
© 2015 Legislative Council, State of Michigan