HOUSE BILL No. 5492

 

September 30, 2009, Introduced by Rep. Johnson and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 26 of chapter V (MCL 765.26), as amended by

 

2002 PA 659.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER V

 

     Sec. 26. (1) In all a criminal cases case where a person has

 

entered into any recognizance for the personal appearance of

 

another and such bail and surety afterwards desires to be relieved

 

from responsibility, he or she may, with or without assistance but

 

in compliance with the bail recovery regulation act, arrest or

 

detain the accused and deliver him or her to any jail or to the

 

sheriff of any county. In making the arrest or detainment, he or

 

she is entitled to the assistance of any peace officer.


 

     (2) The sheriff or keeper of any jail is authorized to receive

 

the principal and detain him or her in jail until he or she is

 

discharged. Upon delivery of his or her principal at the jail by

 

the surety or his or her agent or any officer, the surety shall be

 

released from the conditions of his or her recognizance.

 

     (3) Whenever If the prosecuting attorney of a county is

 

satisfied that a person who has been recognized to appear for trial

 

has absconded, or is about to abscond, and that his or her sureties

 

or either of them have become worthless, or are about to dispose or

 

have disposed of their property for the purpose of evading the

 

payment or the obligation of such the bond or recognizance or with

 

intent to defraud their creditors, and that if the prosecuting

 

attorney makes a satisfactory showing to this effect to the court

 

having jurisdiction of that person, the court or judge shall

 

promptly grant a mittimus to the sheriff or any peace officer of

 

that county, commanding him or her forthwith to arrest the person

 

so recognized and bring him or her before the officer issuing the

 

mittimus. and on On the return of that the mittimus, the court may,

 

after a hearing on the merits, order him or her the person to be

 

recommitted to the county jail until such time as he or she gives

 

additional and satisfactory sureties , or is otherwise discharged.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5493(request no.

 

04400'09) of the 95th Legislature is enacted into law.