SENATE BILL NO. 791

February 13, 2020, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 1 of chapter VIII (MCL 768.1).

the people of the state of michigan enact:

CHAPTER VIII

Sec. 1. (1) The people of this state and persons charged with a crime are entitled to and shall must have a speedy trial and determination of all prosecutions. and it is hereby made It is the duty of all public officers having duties to perform in any a criminal case , to bring such the case to a final determination without delay except as may be necessary to secure to the accused a fair and impartial trial.

(2) Subject to the tolling provisions provided for in MCR 6.004(C)(1) to (6) or any successor rule, all of the following apply to all criminal cases:

(a) If a person is in jail awaiting trial for a misdemeanor violation of the laws of this state, or a political subdivision of this state, the person must be brought to trial not more than 7 days after he or she is taken into custody.

(b) If a person is in jail awaiting trial for a felony violation of the laws of this state, and is not to be released within 7 days of being taken into custody, the person must be brought to trial not more than 90 days after he or she is taken into custody.

(c) A person awaiting trial for a misdemeanor violation of the laws of this state, or a political subdivision of this state, who is not in custody may assert by motion his or her right to a speedy trial at any time. If a motion is filed under this subdivision, the person must be brought to trial not more than 90 days after the filing of the motion.

(d) A person awaiting trial for a felony violation of the laws of this state who is not in custody may assert by motion his or her right to a speedy trial at any time. If a motion is filed under this subdivision, the person must be brought to trial not more than 180 days after the filing of the motion.