MCL - Index of Chapters 760 - 777
NOTE: Dates reflect any modification to item, not necessarily a change in law.
Title | Subject |
---|---|
Chapters 760 - 777 | CODE OF CRIMINAL PROCEDURE |
Act 175 of 1927 |
THE CODE OF CRIMINAL PROCEDURE (760.1 - 777.69) ***** 768.21d.added THIS ADDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2024 REGULAR SESSION SINE DIE ***** ***** 768.27b THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2024 REGULAR SESSION SINE DIE: See 768.27b.amended ***** |
175-1927-TITLE-AND-CONSTRUCTION | TITLE AND CONSTRUCTION (760.1...760.2) |
Section 760.1 | Code of criminal procedure; short title. |
Section 760.2 | Construction of act. |
175-1927-I | CHAPTER I DEFINITIONS (761.1...761.2) |
Section 761.1 | Definitions. |
Section 761.2 | “Major controlled substance offense” defined. |
175-1927-II | CHAPTER II COURTS (762.1...762.16) |
Section 762.1 | Jurisdiction; existing courts and persons. |
Section 762.1a | Justices and judges as conservators of the peace. |
Section 762.2 | In-state prosecution for criminal offense; circumstances. |
Section 762.3 | Jurisdiction; offenses near county lines. |
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 762.10 | Jurisdiction; embezzlement. |
Section 762.10a | Violation of MCL 750.219a and 750.540g; jurisdiction. |
Section 762.10b | Violation of MCL 752.791 to 752.797; jurisdiction. |
Section 762.10c | Identity theft; prosecution; jurisdiction. |
Section 762.10d | Bench warrants; voluntary presentment; arraignment process; exceptions; definitions. |
Section 762.11 | Criminal offense by individual between ages 17 and 24 before October 1, 2021 and 18 and 26 beginning October 1, 2021; assignment to status of youthful trainee; consent of prosecuting attorney; exceptions; employment or school attendance; electronic monitoring; definitions. |
Section 762.12 | Termination or revocation as youthful trainee; effect. |
Section 762.13 | Assignment as youthful trainee; duties of court; fees; waiver of fee; "electronic monitoring device" defined. |
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. |
Section 762.15 | Applicability to individuals over fourteen. |
Section 762.16 | Holmes youthful trainee act; short title. |
175-1927-III | CHAPTER III RIGHTS OF PERSONS ACCUSED (763.1...763.11) |
Section 763.1 | Rights of accused; hearing by counsel, defense, confronting witnesses. |
Section 763.2 | Conviction; bases. |
Section 763.3 | Waiver of trial by jury in criminal cases. |
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 763.7 | Definitions. |
Section 763.8 | Audiovisual recording of interrogation. |
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 Michigan commission on law enforcement standards; appropriation of funds; implementation of MCL 763.7 to 763.10; compliance. |
175-1927-IV | CHAPTER IV ARREST (764.1...764.29) |
Section 764.1 | Issuance of processes; authorization for issuance of warrant or summons; exception; making complaint for arrest warrant or summons by electronic or electromagnetic means; proof of signing; location. |
Section 764.1a | Complaint; allegations; swearing before magistrate or clerk; issuance of summons; finding of reasonable cause; testimony; supplemental affidavits; basis of factual obligations; complaint alleging violation of MCL 750.81 or 750.81a or corresponding ordinance; refusal to accept complaint prohibited; compliance with MCL 764.1; 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, public airport authority, or university; violation involving water vessel; "public airport authority" defined. |
Section 764.2b | Authority and immunity of law enforcement officer of another state; definitions. |
Section 764.3 | Failure to appear; rebuttable presumption for first failure; revocation of release order or forfeiture of bail; issuance of warrant; conditions and reasons. |
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 764.6 | Recognizance; certification; delivery. |
Section 764.6f | Communication and hearing protocols for swift processing of warrants originated in another county. |
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 764.9 | Repealed. 1988, Act 113, Imd. Eff. May 2, 1988. |
Section 764.9a | Minor offense; written order for summons; contents; service. |
Section 764.9b | Repealed. 1999, Act 76, Eff. Oct. 1, 1999. |
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; circumstances for arrest; time period for charges or release; definitions. |
Section 764.9d | Complaint; filing; contents; dismissal. |
Section 764.9e | Failure to appear; rebuttable presumption; articulable reasons to overcome presumption. |
Section 764.9f | Appearance ticket; definition; consecutive numbering; form; contents; modification. |
Section 764.9g | Magistrates jurisdiction; pleas, complaint. |
Section 764.10-764.12 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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; address confidentiality program; report; retention and filing of report; development of standard domestic violence incident report form; definitions. |
Section 764.15d | Federal law enforcement officer; powers. |
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 764.15h | Investigation of financial neglect, abuse or harm of a vulnerable adult or elder adult; definitions. |
Section 764.16 | Arrest by private person; situations. |
Section 764.17 | Arrest; time. |
Section 764.18 | Arrest; under warrant; duty of officer. |
Section 764.19 | Arrest; without warrant; officer, duties; return as evidence. |
Section 764.20 | Arrest; private persons, duty. |
Section 764.21 | Right to break open inner or outer door. |
Section 764.22 | Right to break open door or window. |
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 764.24 | Arrest; escape or rescue; means of recapture. |
Section 764.25 | Arrest; weapons and articles on prisoner; seizure, disposal. |
Section 764.25a | Strip search. |
Section 764.25b | Body cavity search. |
Section 764.25c | Repealed. 1983, Act 92, Eff. Mar. 29, 1984. |
Section 764.26 | Arrest; rights of alleged felon. |
Section 764.26a | Dismissal of charges before trial; requirements; receipt of order. |
Section 764.27 | Arrest of child less than 18 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 764.29 | Fingerprints. |
175-1927-V | CHAPTER V BAIL (765.1...765.31) |
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 765.5 | Admission to bail; persons not entitled. |
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 LEIN; order to wear electronic monitoring device; other orders; definitions; authority to impose other conditions not limited; "LEIN" defined. |
Section 765.6c | Bail; cash deposit; use. |
Section 765.6d | Release on bail; waiver of extradition. |
Section 765.6e | Detainment period for individual arrested on warrant that originated in another county; exceptions. |
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 765.10, 765.11 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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 765.13 | Depository; receipt. |
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 765.16 | Subjection to legal process; assignment. |
Section 765.17 | Deposit in special fund; interest. |
Section 765.18 | Deposit of cash; redemption before forfeiture by substitution of bond. |
Section 765.19 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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 765.22 | Surety on recognizance; discharge; notice, form. |
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 765.25 | Perjury in affidavit of justification; penalty. |
Section 765.26 | Release of surety; arrest or detention of accused; mittimus. |
Section 765.27 | Action on recognizance; technicality as bar. |
Section 765.28 | Failure to appear; notice to surety; service; 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 765.30 | Minor or material witness; recognizance. |
Section 765.31 | Proceeding to enforce recognizance; venue; service of process. |
175-1927-VI | 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 766.2, 766.3 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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 766.6 | Associate magistrate; powers, duties, fees. |
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 766.9 | Closure of preliminary examination. |
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 766.15a, 766.15b | Repealed. 1951, Act 170, Eff. Sept. 28, 1951. |
Section 766.15c | Repealed. 1966, Act 266, Eff. Mar. 10, 1967. |
Section 766.15d | Repealed. 1951, Act 170, Eff. Sept. 28, 1951. |
Section 766.16 | Default of recognizance; record; procedure. |
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. |
Section 766.19-766.22 | Repealed. 1994, Act 63, Eff. July 1, 1994. |
175-1927-VII | 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 767.6b | Public accounting by judge; time, filing. |
Section 767.7 | Grand jury; summoning, procedure. |
Section 767.7a | Grand jurors; term of service; recalling. |
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 767.10 | Grand jury; affirmation in lieu of oath. |
Section 767.11 | Grand jury; size; foreman, appointment. |
Section 767.12 | Grand jury; foreman; term, vacancy. |
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 767.15 | Grand jury; witnesses; administration of oath, list. |
Section 767.16 | Grand jury; clerk, stenographer; appointment, duties. |
Section 767.17 | Grand jury; summoning after dismissal. |
Section 767.18 | Grand jury; disclosure of indictment for felony. |
Section 767.19 | Grand jury; testimony to certain facts required. |
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 767.19d | Grand jury; perjury. |
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 767.21 | Grand jury; prosecutor to subpoena witness. |
Section 767.22 | Grand jury; appearances to give information; deliberations or vote of grand jury. |
Section 767.23 | Grand jury; indictment, vote required; true bill. |
Section 767.23a | Grand jury; indictment; specifying county where offense took place. |
Section 767.24 | Indictment; crimes; "Theresa Flores's Law"; definitions; Brandon D'Annunzio's law; findings and filing; exceptions for victims under 18; extension or tolling. |
Section 767.25 | Indictment by grand jury; indorsement; presentment; return; filing; inspection. |
Section 767.26 | Discharge of accused in absence of indictment. |
Section 767.27 | Repealed. 1966, Act 266, Eff. Mar. 10, 1967. |
Section 767.27a-767.27c | Repealed. 1974, Act 258, Eff. Aug. 6, 1975. |
Section 767.28 | Indictment; right of indictee to copy. |
Section 767.29 | Discontinuance or abandonment of indictment. |
Section 767.30 | Warrant for arrest of indictee; issuance, persons. |
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 767.34 | Witness; issuance of capias. |
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 767.36 | Witness; subpoena by prosecution; necessity of fee. |
Section 767.37 | Indictee; plea on arraignment. |
Section 767.37a | Arraignments; use of 2-way interactive video technology; access to courtroom; court record. |
Section 767.38 | Indictee; right to trial or admission to bail. |
Section 767.39 | Abolition of distinction between accessory and principal. |
Section 767.40 | Information; filing; subscription. |
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 767.43 | Indictment; form generally. |
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 767.46 | Indictment; amendment of certain parts. |
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 767.50 | Indictment; description of instrument. |
Section 767.51 | Indictment; allegation of time. |
Section 767.52 | Indictment; allegation of means of offense. |
Section 767.53 | Indictment; allegation of value or price. |
Section 767.54 | Indictment; ownership; allegation; proof. |
Section 767.55 | Indictment; allegation of certain matters in the alternative. |
Section 767.56 | Indictment; allegation of prior conviction. |
Section 767.57 | Pleading; statute or statutory right. |
Section 767.58 | Pleading; judgment or proceeding. |
Section 767.59 | Indictment; unnecessary formal words and phrases. |
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 767.73 | Indictment; perjury; sufficiency of statement. |
Section 767.74 | Indictment; motion to quash; dilatory plea; proof. |
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 767.80, 767.81 | Repealed. 1970, Act 232, Imd. Eff. Dec. 3, 1970. |
Section 767.82 | Repealed. 1974, Act 266, Eff. Apr. 1, 1975. |
Section 767.83 | Indictment involving intent to defraud; sufficiency of allegations and proof. |
Section 767.91 | Out of state witnesses; attendance; definitions. |
Section 767.92 | Attendance in another state; hearing; summons; custody; fee. |
Section 767.93 | Attendance from without the state; certificate; fee. |
Section 767.94 | Immunity of witness. |
Section 767.94a | Disclosure of certain material or information by defendant to prosecuting attorney; compliance; motion for good cause. |
Section 767.95 | Short title; uniformity. |
Section 767.96 | Costs of grand jury. |
175-1927-VIIA | CHAPTER VIIA (767A.1...767A.9) |
Section 767A.1 | “Prosecuting attorney” defined. |
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.7 | Order granting immunity. |
Section 767A.8 | Confidentiality of certain material and information. |
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. |
175-1927-VIII | CHAPTER VIII TRIALS (768.1...768.37) |
Section 768.1 | Speedy trial; right of parties; duty of public officers. |
Section 768.2 | Criminal cases; precedence; adjournment; continuance. |
Section 768.3 | Person indicted; presence at trial. |
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 768.11 | Repealed. 1978, Act 11, Imd. Eff. Feb. 8, 1978. |
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 768.14 | Jurors; form of oath. |
Section 768.15 | Jurors; affirmation in lieu of oath. |
Section 768.16 | Jurors; liberty; oath and duty of officer in charge. |
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 768.19 | Perjury; acts of officer under oath. |
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 768.21a | Persons deemed legally insane; burden of proof. |
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 768.21d.added | Admissibility of sex, gender identity, gender expression, or sexual orientation. |
Section 768.22 | Rules of evidence; applicability of criminal and quasi criminal proceedings; evidence of prior conviction. |
Section 768.23 | Exception; necessity of taking. |
Section 768.24 | Evidence; leading question. |
Section 768.25 | Evidence; proof of signature. |
Section 768.26 | Evidence; use of former testimony; deposition for defendant. |
Section 768.27 | Evidence; proof of intent or motive by similar acts. |
Section 768.27a | Evidence that defendant committed another listed offense against minor; admissibility; disclosure of evidence to defendant; definitions. |
Section 768.27b | Domestic violence or sexual assault offense; commission of other domestic violence acts; admissibility; disclosure; definitions; applicability of section. |
Section 768.27b.amended | Domestic violence, sexual assault, or human trafficking or prostitution 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 768.27c.amended | Statement by declarant; admissibility; circumstances relevant to trustworthiness; disclosure; privilege; definitions; applicability of section. |
Section 768.28 | Evidence; view by jury. |
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 768.30 | Exception to charge or refusal to charge; necessity. |
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. |
175-1927-IX | 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; 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 769.1a | Order of restitution. |
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 769.1c | Psychiatrist; definition; aid from state hospitals. |
Section 769.1d | Expense of confinement in state institutions. |
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; failure to make order reimbursement; 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 769.1h | Consecutive or concurrent sentence. |
Section 769.1j | Court ordered fine, costs, or assessments; minimum amounts; definitions. |
Section 769.1k | Imposition of fine, cost, or assessment; availability of information to defendant; reports; nonpayment of costs. |
Section 769.1<Emph Emphtype="italic">l</Emph> | Order of restitution; deduction; payment to court; priority. |
Section 769.2 | Repealed. 2015, Act 216, Eff. Mar. 14, 2016. |
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 769.4 | Conditional sentence; execution. |
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; rebuttable presumption; reasonable grounds for departure; show cause order; contempt order. |
Section 769.6 | Recognizance to keep peace; court option. |
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 769.11a | Void sentence; trial judge to credit time served. |
Section 769.11b | Credit time served prior to sentence; lack of bond. |
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 769.19-769.23 | Repealed. 1972, Act 179, Imd. Eff. June 16, 1972. |
Section 769.24 | Excessive sentence; validity. |
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 769.26 | Error in pleading or procedure; effect. |
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 769.31 | Definitions. |
Section 769.32, 769.33 | Repealed. 2002, Act 31, Eff. Apr. 1, 2002. |
Section 769.32a | Repealed 2018, Act 576, Eff. Sept. 30, 2019. |
Section 769.33a | Repealed. 2018, Act 576, Eff. Sept. 30, 2019. |
Section 769.34 | Sentencing guidelines; duties of court. |
Section 769.35 | Jail reimbursement program; operation; criteria. |
Section 769.36 | Deaths arising out of same criminal transaction; crimes to which person may be charged and convicted; consecutive terms; definitions. |
175-1927-X | CHAPTER X NEW TRIALS, WRITS OF ERROR AND BILLS OF EXCEPTIONS (770.1...770.16) |
Section 770.1 | Granting new trial to defendant. |
Section 770.2 | Motion for new trial. |
Section 770.3 | Appeal by aggrieved party. |
Section 770.3a | Repealed. 2006, Act 655, Imd. Eff. Jan. 9, 2007. |
Section 770.4-770.7 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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 770.10, 770.11 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
Section 770.12 | Appeal by people; right of defendant to bail upon appeal; provisions governing section. |
Section 770.13-770.15 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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. |
175-1927-XI | CHAPTER XI PROBATION (771.1...771.24) |
Section 771.1 | Requirements for probation; delayed sentence; fee; applicability of section to certain juveniles; waiver of fee; "electronic monitoring device" defined. |
Section 771.2 | Probation period; extension; eligibility and requirements for early discharge; hearing; reduced probation; registration pursuant to sex offenders registration act; 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; individually tailored probation conditions. |
Section 771.3a | Probation camp. |
Section 771.3b | Special alternative incarceration program. |
Section 771.3c | Probation supervision fee; enforcement of probation oversight fee; waiver of fee; person subject to other obligations arising out of criminal proceeding; applicability of section to certain juveniles; "electronic monitoring device" defined. |
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 771.3g | Medical probation; eligibility; notification to court by county sheriff; order; expenses; reimbursement; reexamination as condition; revocation; definitions. |
Section 771.3h | Compassionate release; eligibility; notification to court by county sheriff; amended judgment of sentence; conditions; expenses; reimbursement. |
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 771.4b | Technical probation violation; rebuttable presumption; summons or show cause order; definitions. |
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 771.6 | Probation; record of discharge. |
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 771.8-771.13 | Repealed. 1979, Act 81, Eff. Dec. 31, 1979. |
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 771.15-771.24 | Repealed. 1979, Act 81, Eff. Dec. 31, 1979. |
175-1927-XIA | CHAPTER XIA PROBATION SWIFT AND SURE SANCTIONS ACT (771A.1...771A.8) |
Section 771A.1 | Chapter short title. |
Section 771A.2 | Definitions. |
Section 771A.3 | State swift and sure sanctions program; intent to create; implementation. |
Section 771A.4 | Swift and sure probation supervision fund; creation; investment; interest and earnings; money remaining at close of fiscal year; allocation and expenditure of funds; grants; participants from other jurisdiction; basis; validity of transfer. |
Section 771A.5 | Duties of judge; powers of state court administrative office. |
Section 771A.6 | Programming requirements; consultation; eligibility of individual; exceptions. |
Section 771A.7 | Grant-funded programs; review; report. |
Section 771A.8 | Audit. |
175-1927-XII | 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 772.3 | Warrant; issuance. |
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 772.8 | Allowance and payment of costs. |
Section 772.9 | Appeal from order to recognize to keep peace. |
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 772.13 | Filing true copy of peace bond. |
Section 772.13a | Violation of recognizance; arrest by peace officer. |
Section 772.13b | Violation of peace bond; order to appear; warrant; hearing. |
Section 772.14 | Forfeiture of recognizance; remission of part of penalty; petition. |
Section 772.14a | Noncompliance with order; contempt; penalty. |
Section 772.15 | Surrender of principal by surety. |
175-1927-XIII | CHAPTER XIII PROCEEDINGS FOR THE DISCOVERY OF CRIME (773.1...773.23) |
Section 773.1 | Inquest; procedures. |
Section 773.2 | Inquest; jury; selection. |
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 773.7 | Inquisition of jury; contents. |
Section 773.8 | Inquisition of jury; form. |
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 773.10 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
Section 773.11 | Expenses and fees of inquest; payment. |
Section 773.12-773.14 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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 773.17 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
Section 773.18 | Property of value found on unknown decedent; deposit with county treasurer; ultimate disposition, time. |
Section 773.19-773.21 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
Section 773.22 | Violation of chapter; misdemeanor, penalty. |
Section 773.23 | Effect on prior acts. |
175-1927-XIV | 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 774.1c | Plea of guilty or nolo contendere; judgment. |
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 774.2 | Docket; contents; form; filing. |
Section 774.2a | Docket; cover or binder for docket sheets; alphabetical index; forms and dockets to be furnished by county. |
Section 774.2b | File for criminal case; contents. |
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 774.3a | Docket; admissibility as evidence. |
Section 774.4-774.8 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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 774.11 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
Section 774.12 | Summoning jury of 6 persons; method. |
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 774.15 | Supplying deficiency in number of jurors. |
Section 774.16 | Former service as juror as cause for challenge. |
Section 774.17 | Peremptory challenges. |
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 774.21 | Jurors; delivery of verdict; fees; certificate. |
Section 774.22 | Judgment and sentence; costs and expenses; punishment. |
Section 774.22a, 774.22b | Repealed. 1990, Act 219, Imd. Eff. Oct. 8, 1990. |
Section 774.22c | Psychiatrists and expenses of confinement; reference. |
Section 774.23-774.25 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
Section 774.26 | Fines and costs. |
Section 774.26a | Blank forms for recording information concerning money received in criminal case; approval; completion. |
Section 774.26b | Blank receipt forms; use; copies. |
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 774.26d | Noncompliance as misdemeanor. |
Section 774.27 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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 774.29, 774.30 | Repealed. 1957, Act 274, Eff. Sept. 27, 1957. |
Section 774.31 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
Section 774.32, 774.33 | Repealed. 1957, Act 274, Eff. Sept. 27, 1957. |
Section 774.34 | Appeal to circuit court; practice and procedure. |
Section 774.35-774.41 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
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 774.45 | Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981. |
Section 774.46 | Issuing writs and process; construction. |
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. |
175-1927-XV | CHAPTER XV FEES (775.1...775.22) |
Section 775.1 | Fees; allowances. |
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 775.5 | Repealed. 1990, Act 219, Imd. Eff. Oct. 8, 1990. |
Section 775.6 | Fees; to be county charges. |
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 775.10 | Fees; prohibited as in civil cases. |
Section 775.11 | Fees; services of prosecutor. |
Section 775.12 | Repealed. 1978, Act 316, Imd. Eff. July 10, 1978. |
Section 775.13 | Witness for prosecution; fees; law enforcement officer. |
Section 775.13a | Expert witness; compensation. |
Section 775.14 | Witness for prosecution; proving attendance and travel; order. |
Section 775.15 | Accused unable to procure witness; subpoena, fee. |
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 775.19 | Interpreter; compensation; certificate. |
Section 775.19a | Appointment of interpreter; compensation. |
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. |
175-1927-XVI | CHAPTER XVI MISCELLANEOUS PROVISIONS (776.1...776.22) |
Section 776.1-776.5 | Repealed. 1966, Act 189, Eff. Mar. 10, 1967. |
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 776.10 | Extradition; examination, recognizance. |
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 776.21a | Recidivism rates; collection and maintenance of data; manner. |
Section 776.21b | Authority to provide certain information to domestic or sexual violence service provider agency. |
Section 776.22 | Domestic violence calls; development, implementation, and evaluation of written policies and standards by police agencies; definitions. |
175-1927-XVII | CHAPTER XVII SENTENCING GUIDELINES (777.1...777.69) |
175-1927-XVII-1 | PART 1 GENERAL PROVISIONS (777.1...777.6) |
Section 777.1 | Definitions. |
Section 777.5 | Offense categories; designation. |
Section 777.6 | Offense descriptions; use. |
175-1927-XVII-2 | PART 2 INCLUDED FELONIES (777.11...777.19) |
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 777.11d.amended | 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 777.12a | Chapters 200 to 219; felonies. |
Section 777.12b | Chapters 220 to 256; felonies. |
Section 777.12c | Chapter 257; felonies. |
Section 777.12d | Chapter 257; felonies. |
Section 777.12e | Chapter 257; felonies. |
Section 777.12f | Chapter 257; felonies. |
Section 777.12g | MCL 257.626(3) to 257.744a; felonies to which chapter applicable. |
Section 777.12h | Chapter 257; felonies. |
Section 777.12j | Chapter 257; felonies. |
Section 777.12k | Chapters 258 to 260; felonies. |
Section 777.12m | Chapters 285 to 289; felonies. |
Section 777.12n | Chapters 290 to 299; felonies. |
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(15) 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 333.27407a(c). |
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 432.513. |
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 445.33 to 445.2583. |
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 777.15b.amended | 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 777.15e | Chapter 691 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 777.15g.amended | 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 750.43a to 750.68; felonies to which chapter applicable. |
Section 777.16c | MCL 750.72 to 750.79(1)(e); felonies to which chapter applicable. |
Section 777.16d | MCL 750.81(5) to 750.91; felonies to which chapter applicable. |
Section 777.16e | MCL 750.93 to 750.105; 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 750.147c; 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<Emph EmphType="italic">l</Emph> | MCL 750.213 to 750.219f; felonies to which chapter applicable; violation of MCL 750.213a(3)(a). |
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 750.409b to 750.411x; 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(3) to 750.465a(1)(c); felonies to which chapter applicable; violation of MCL 750.462f. |
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 750.553; 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. |
Section 777.19 | Attempt to commit offense; applicability of chapter. |
175-1927-XVII-3 | PART 3 SCORING INSTRUCTIONS FOR SENTENCING GUIDELINES (777.21...777.22) |
Section 777.21 | Minimum sentence range; determination. |
Section 777.22 | Offense variables; scoring. |
175-1927-XVII-4 | PART 4 OFFENSE VARIABLES (777.31...777.49a) |
Section 777.31 | Aggravated use of weapon; definitions. |
Section 777.32 | Lethal potential of weapon possessed or used. |
Section 777.33 | Physical injury to victim; offense variable 3; scoring; "requiring medical treatment" defined. |
Section 777.34 | Psychological injury to victim. |
Section 777.35 | Psychological injury to member of victim's family. |
Section 777.36 | Intent to kill or injure another individual. |
Section 777.37 | Offense variable 7; aggravated physical abuse; “sadism” defined. |
Section 777.38 | Victim asportation or captivity. |
Section 777.39 | Offense variable 9; number of victims; scoring. |
Section 777.40 | Exploitation of vulnerable victim. |
Section 777.41 | Criminal sexual penetration. |
Section 777.42 | Contemporaneous felonious criminal acts. |
Section 777.43 | Continuing pattern of criminal behavior. |
Section 777.44 | Offender's role. |
Section 777.45 | Aggravated controlled substance offenses; definitions. |
Section 777.46 | Property obtained, damaged, lost, or destroyed. |
Section 777.47 | Degree of negligence exhibited. |
Section 777.48 | Operator ability affected by alcohol or drugs; offense variable 18; scoring; "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 777.49a | Terrorism; definitions. |
175-1927-XVII-5 | PART 5 PRIOR RECORD VARIABLES (777.50...777.57) |
Section 777.50 | Conviction or juvenile adjudication 10 or more years from discharge and commission of next offense. |
Section 777.51 | Prior high severity felony convictions. |
Section 777.52 | Prior low severity felony convictions. |
Section 777.53 | Prior high severity juvenile adjudications. |
Section 777.54 | Prior low severity juvenile adjudications. |
Section 777.55 | Prior misdemeanor convictions or prior misdemeanor juvenile adjudications. |
Section 777.56 | Relationship to criminal justice system. |
Section 777.57 | Subsequent or concurrent felony convictions. |
175-1927-XVII-6 | PART 6 SENTENCING GRIDS (777.61...777.69) |
Section 777.61 | Minimum sentence ranges for class M2. |
Section 777.62 | Minimum sentence ranges for class A. |
Section 777.63 | Minimum sentence ranges for class B. |
Section 777.64 | Minimum sentence ranges for class C. |
Section 777.65 | Minimum sentence ranges for class D. |
Section 777.66 | Minimum sentence ranges for class E. |
Section 777.67 | Minimum sentence ranges for class F. |
Section 777.68 | Minimum sentence ranges for class G. |
Section 777.69 | Minimum sentence ranges for class H. |