June 15, 2011, Introduced by Senators HANSEN, HILDENBRAND, EMMONS, PROOS, JONES, MARLEAU and SCHUITMAKER and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1a of chapter IV (MCL 764.1a), as amended by
2005 PA 106.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1a. (1) A magistrate shall issue a warrant upon
presentation of a proper complaint alleging the commission of an
offense and a finding of reasonable cause to believe that the
individual accused in the complaint committed that offense. The
complaint shall be sworn to before a magistrate or clerk.
(2) The finding of reasonable cause by the magistrate may be
based upon 1 or more of the following:
(a) Factual allegations of the complainant contained in the
(b) The complainant's sworn testimony.
(c) The complainant's affidavit.
(d) Any supplemental sworn testimony or affidavits of other
individuals presented by the complainant or required by the
(3) The magistrate may require sworn testimony of the
complainant or other individuals. Supplemental affidavits may be
sworn to before an individual authorized by law to administer
oaths. The factual allegations contained in the complaint,
testimony, or affidavits may be based upon personal knowledge,
information and belief, or both.
(4) The magistrate shall not refuse to accept a complaint
alleging a violation of section 81 or 81a of the Michigan penal
code, 1931 PA 328, MCL 750.81 and 750.81a, or a violation of a
local ordinance substantially corresponding to section 81 of the
Michigan penal code, 1931 PA 328, MCL 750.81, by the spouse of the
victim, a former spouse of the victim, an individual with whom the
victim has had a child in common, an individual with whom the
victim has or has had a dating relationship, or an individual
residing or having resided in the same household as the victim on
grounds that the complaint is signed upon information and belief by
an individual other than the victim.
(5) The magistrate shall not refuse to accept a complaint
alleging that a crime was committed in which the victim is a
vulnerable adult on the grounds that the complaint is signed upon
information and belief by an individual other than the victim.
A warrant may be issued under this
section only upon
compliance with the requirements of section 1 of this chapter.
As used in this section: ,
(a) "Dating relationship" means frequent, intimate
associations primarily characterized by the expectation of
affectional involvement. Dating relationship does not include a
casual relationship or an ordinary fraternization between 2
individuals in a business or social context.
(b) "Vulnerable adult" means that term as defined in section
145m of the Michigan penal code, 1931 PA 328, MCL 750.145m.