October 23, 2007, Introduced by Senators RICHARDVILLE and SCHAUER and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 167b (MCL 750.167b).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
167b. (1) No A person engaged, either as principal or as
the clerk, agent or representative of another, in the business of
becoming
surety upon bonds for compensation in any a criminal case,
either directly or indirectly, shall not give, donate, lend or
contribute,
or promise to give, donate, lend or contribute, any
money
or property to any an attorney at law, police office,
sheriff, jailer, probation officer, clerk or other attache of any
criminal court, or public official or employee, for procuring, or
assisting
in procuring, any a person to employ the bondsman to
execute
as surety any a bond for compensation in any a criminal
case.
No An attorney at law, police officer, sheriff, jailer,
probation officer, clerk or other attache of any criminal court, or
public official or employee of any character, shall not accept or
receive
from any a person engaged in the bonding business any money
or
property for procuring, or assisting in procuring, any a person
to
employ any bondsman to execute as surety any a bond
for
compensation
in any a criminal case.
(2)
No A person engaged, either as principal or as the clerk,
agent, or
representative of another , in the
business of becoming
surety
upon bonds for compensation in any a criminal case, either
directly or indirectly, shall not procure, suggest, aid in the
procurement
of or cause in any way whatsoever the obtaining or
employing
of any an attorney at law for any a person
in a criminal
case.
(3)
It shall be lawful to Except
as otherwise provided in this
subsection,
a person shall not charge for executing
any a bond in a
criminal
case. , but no A person engaged in the
bonding business,
either as principal or clerk, agent or representative of another,
either directly or indirectly, shall not charge, accept, or receive
any
a sum of money or property , other than the regular prevailing
fee
for bonding, which shall not exceed 10% 15% of the face value
of
the bond plus reasonable actual
costs for a 12 month period or
any
part thereof period of not
more than 12 months, from any a
person
for whom he the person has executed bond, for any other
service
whatever performed in connection with any an indictment,
information, or
charge upon which the person is bailed or held. No
A person engaged, either as principal or as the clerk, agent, or
representative
of another , in the
bonding business shall not
settle
or attempt to settle, or shall procure or attempt to
procure,
the dismissal of any an indictment, information, or
charge
against
any a person in custody or held upon bond with any a court
or
with the prosecuting attorney in any a court.
(4) A typewritten or printed list, alphabetically arranged, of
all persons engaged in the business of becoming surety upon bonds
for compensation in criminal cases within the county shall be
posted in a conspicuous place in each police precinct, jail,
prisoner's
dock, and house of detention, and
in every other place
in which persons in custody of the law are detained, and 1 or more
copies
thereof of that list shall be kept on hand. The list shall
be compiled annually by the judges of the circuit court of each
circuit, and the judges shall add the names of persons engaged in
the
business of becoming surety upon bonds for compensation shall
be
added to the list by the judges upon
proper application. When
any
a person who is detained in custody in any such a place
of
detention
described in this subsection requests any a person in
charge
thereof of the place of
detention to furnish him or her the
name
of a bondsman , or to
put him or her in communication with a
bondsman,
the list shall be furnished to the person so requesting,
without
recommendation , and
the person in charge of the place of
detention
within a reasonable time shall put the person detained in
communication with the bondsman selected within a reasonable time
and without toll to the bondsman and, contemporaneously with the
transaction,
make in the blotter or book of record kept in any the
place of detention a record showing the name of the person
requesting the bondsman, the offense with which the person is
charged, the time at which the request was made, the bondsman
requested, and the person by whom the bondsman was called, and
preserve
the same record as a permanent record in the book or
blotter. in
which entered.
(5)
Any A person violating any provision of who violates this
section
shall be punished is
guilty of a misdemeanor punishable as
provided in section 168.