HB-6182, As Passed Senate, December 12, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6182

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 1g to chapter IV.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IV

     Sec. 1g. (1) Before a warrant is issued for the arrest of a

person who is not in custody, the law enforcement agency

investigating the crime shall use the law enforcement information

network to determine whether the person is a parolee under the

jurisdiction of the department of corrections. If the person is

determined to be a parolee under the jurisdiction of the department

of corrections, and the magistrate issues a warrant for the arrest

of that person, the investigating law enforcement agency or, if the

court is entering arrest warrants into the law enforcement

information network and the investigating law enforcement agency

informs the court that the person is a parolee, the court shall

promptly give to the department of corrections, by telephonic or

electronic means, notice of all of the following:

     (a) The identity of the person named in the warrant.

     (b) The fact that information in databases managed by the

department of corrections and accessible by the law enforcement

information network provides reason to believe the person named in

the warrant is a parolee under the jurisdiction of the department

of corrections.

     (c) The charge or charges stated in the warrant.

     (2) If the court has assumed the responsibility for entering

arrest warrants into the law enforcement information network and

delays issuance or entry of a warrant pending a court appearance by

the person named in the warrant, the law enforcement agency

submitting the sworn complaint to the court shall promptly give to

the department of corrections, by telephonic or electronic means,

notice of the following:

     (a) The identity of the person named in the sworn complaint.

     (b) The fact that a prosecuting attorney has authorized

issuance of a warrant.

     (c) The fact that information in databases managed by the

department of corrections and accessible by the law enforcement

information network provides reason to believe the person named in

the sworn complaint is a parolee under the jurisdiction of the

department of corrections.

     (d) The charge or charges stated in the sworn complaint.

     (e) Whether, pending a court appearance by the person named in

the sworn complaint, the court has either issued the arrest warrant

but delayed entry of the warrant into the law enforcement

information network or has delayed issuance of the warrant.

     (3) The requirement to give notice to the department of

corrections under subsection (1) or (2) is complied with if the

notice is transmitted to any of the following:

     (a) To the department by a central toll-free telephone number

that is designated by the department for that purpose and that is

in operation 24 hours a day and is posted in the department's

database of information concerning the status of parolees.

     (b) To a parole agent serving the county where the warrant is

issued or is being sought.

     (c) To the supervisor of the parole office serving the county

where the warrant is issued or is being sought.