June 9, 2004, Introduced by Reps. Stakoe, Nofs, Vander Veen, Ward, Stahl, Gaffney, Wenke, Hune and Newell and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 2a to chapter X.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER X
2 Sec. 2a. A motion to withdraw a plea of guilty or nolo
3 contendere is subject to all of the following:
4 (a) The motion shall be made within 1 year after the court
5 entered the plea on the record.
6 (b) A prosecuting attorney from any county in this state has
7 standing to challenge the motion in the court in which the motion
8 was filed if that prosecuting attorney has filed a charge against
9 the person making the motion.
10 (c) The moving party shall notify the prosecuting attorney in
11 each county in which the person was convicted of or is charged
1 with the same or a substantially similar offense that the person
2 was convicted of or is charged with that offense.