HB-4228, As Passed Senate, September 27, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4228

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 11b to chapter VI.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER VI

     Sec. 11b. (1) Evidence of the results of properly performed

drug analysis field testing is admissible in a preliminary

examination solely to establish that the substance tested is a

controlled substance.

     (2) Evidence of the results of properly performed drug

analysis field testing is sufficient to establish that the

substance tested is a controlled substance for purposes of a

preliminary examination.

     (3) As used in this section, "controlled substance" means that

term as defined under section 7104 of the public health code, 1978

PA 368, MCL 333.7104.

     (4) This section applies to preliminary examinations that

begin on or after the effective date of the amendatory act that

added this section.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.