SENATE BILL No. 958

February 2, 2000, Introduced by Senator JAYE and referred to the Committee on Judiciary.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 4b to chapter IX.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER IX

2 SEC. 4B. IF, AT THE PRELIMINARY EXAMINATION OF A DEFENDANT

3 WHO IS CHARGED WITH A FELONY, THE COURT FINDS PROBABLE CAUSE TO

4 BELIEVE THAT THE OFFENSE CHARGED WAS COMMITTED BY THE DEFENDANT

5 AND THAT THE VICTIM OF THE OFFENSE IS EITHER A MINOR 16 YEARS OF

6 AGE OR LESS OR AN INDIVIDUAL 60 YEARS OF AGE OR OLDER, THE COURT

7 SHALL NOT DO EITHER OF THE FOLLOWING:

8 (A) DISMISS THE CHARGE AGAINST THE DEFENDANT ON THE MOTION

9 OF THE PROSECUTING ATTORNEY UNLESS THE DISMISSAL IS WITH

10 PREJUDICE.

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2

1 (B) ACCEPT A PLEA OF GUILTY, GUILTY BUT MENTALLY ILL, OR

2 NOLO CONTENDERE TO ANY OTHER VIOLATION.

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