November 14, 2013, Introduced by Reps. Walsh and Leonard and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 8311 and 8511 (MCL 600.8311 and 600.8511),
section 8511 as amended by 2008 PA 95; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
8311. The district court shall have has jurisdiction of
all of the following:
(a) Misdemeanors punishable by a fine or imprisonment not
exceeding 1 year, or both.
(b) Ordinance and charter violations punishable by a fine or
imprisonment, or both.
(c) Arraignments, the fixing of bail and the accepting of
bonds.
(d) Probable cause conferences in all felony cases and
misdemeanor cases not cognizable by the district court and all
matters allowed at the probable cause conference under section 4 of
chapter VI of the code of criminal procedure, 1927 PA 175, MCL
766.4.
(e) (d)
Preliminary examinations in all
felony cases and
misdemeanor
cases not cognizable by the district court , but there
and all matters allowed at the preliminary examination under
chapter VI of the code of criminal procedure, 1927 PA 175, MCL
766.1 TO 766.22. There shall not be a preliminary examination for
any misdemeanor to be tried in a district court.
(f) Circuit court arraignments in all felony cases and
misdemeanor cases not cognizable by the district court under
section 13 of chapter VI of the code of criminal procedure, 1927 PA
175, MCL 766.13. Sentencing for felony cases and misdemeanor cases
not cognizable by the district court shall be conducted by a
circuit judge.
Sec. 8511. A district court magistrate has the following
jurisdiction and duties:
(a) To arraign and sentence upon pleas of guilty or nolo
contendere for violations of the following acts or parts of acts,
or a local ordinance substantially corresponding to these acts or
parts of acts, when authorized by the chief judge of the district
court
district, and if the maximum permissible punishment
does not
exceed 90 days in jail or a fine, or both:
(i) Part 487 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.48701 to 324.48740.
(ii) Part 401 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.40101 to 324.40119.324.40120.
(iii) Part 801 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.80101 to 324.80199.
(iv) The motor carrier act, 1933 PA 254, MCL 475.1 to 479.43.
(v) Motor carrier safety act of 1963, 1963 PA 181, MCL 480.11
to 480.25.
(vi) Dog law of 1919, 1919 PA 339, MCL 287.261 to 287.290.
(vii) Section 703 or 915 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1703 and 436.1915.
(viii) Part 5 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.501 to 324.511.324.513.
(ix) Part 89 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.8901 to 324.8907.
(x) Part 435 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.43501 to 324.43561.
(xi) Part 731 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.73101 to 324.73111.
(xii) Chapter LXXXV of the Michigan penal code, 1931 PA 328,
MCL
750.546 to 750.552.750.552c.
(b) To arraign and sentence upon pleas of guilty or nolo
contendere for violations of the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, or a local ordinance substantially
corresponding to a provision of the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, except for violations of sections 625
and 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and
257.625m, or a local ordinance substantially corresponding to
section 625 or 625m of the Michigan vehicle code, 1949 PA 300, MCL
257.625
and 257.625m, when if authorized by the chief judge of the
district court district and if the maximum permissible punishment
does not exceed 93 days in jail or a fine, or both. However, the
chief
judge may authorize the magistrate may
have the jurisdiction
to arraign defendants and set bond with regard to violations of
sections 625 and 625m of the Michigan vehicle code, 1949 PA 300,
MCL 257.625 and 257.625m, or a local ordinance substantially
corresponding to section 625 or 625m of the Michigan vehicle code,
1949 PA 300, MCL 257.625 and 257.625m.
(c) To arraign and sentence upon pleas of guilty or nolo
contendere for violations of part 811 or 821 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.81101 to 324.81150 and 324.82101 to 324.82160, or a local
ordinance substantially corresponding to a provision of part 811 or
821 of the natural resources and environmental protection act, 1994
PA 451, MCL 324.81101 to 324.81150 and 324.82101 to 324.82160,
except for violations of sections 81134, 81135, 82128, and 82129 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.81134, 324.81135, 324.82128, and 324.82129, or a local
ordinance substantially corresponding to sections 81134, 81135,
82128, and 82129 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81134, 324.81135, 324.82128,
and
324.82129, when if authorized by the chief judge of the
district court district and if the maximum permissible punishment
does not exceed 93 days in jail or a fine, or both. However, the
chief
judge may authorize the magistrate may
have the jurisdiction
to arraign defendants and set bond with regard to violations of
sections 81134, 81135, 82128, and 82129 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.81134,
324.81135, 324.82128, and 324.82129.
(d)
To arraign, when if authorized by the chief judge of the
district court district, for a contempt violation or a violation of
a
condition of probation when if
either arises directly out of a
case for which a judge or district court magistrate conducted the
arraignment under subdivision (a), (b), or (c), or the first
appearance under section 8513, involving the same defendant. This
subdivision applies only to offenses punishable by imprisonment for
not more than 1 year or a fine, or both. The district court
magistrate
may set bond and accept a plea but may shall not conduct
a violation hearing or sentencing.
(e) To issue warrants for the arrest of a person upon the
written authorization of the prosecuting or municipal attorney,
except
written authorization shall not be is not required for a
vehicle law or ordinance violation within the jurisdiction of the
magistrate
if a police officer issued a traffic citation pursuant
to
under section 728 of the Michigan vehicle code, 1949 PA
300, MCL
257.728, and the defendant failed to appear.
(f) To fix bail and accept bond in all cases.
(g)
To issue search warrants, when if
authorized to do so by a
district court judge.
(h) To conduct probable cause conferences and all matters
allowed at the probable cause conference, except for the taking of
pleas and sentencings, under section 4 of chapter VI of the code of
criminal procedure, 1927 PA 175, MCL 766.4, when authorized to do
so by a district court judge.
Enacting section 1. Section 2167 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.2167, is repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
00143'13).
(b) Senate Bill No.____ or House Bill No.____ (request no.
04030'13 a).