DIST. COURT: PROB. CAUSE HEARINGS H.B. 4800 (S-4): FLOOR ANALYSIS
House Bill 4800 (Substitute S-4 as reported by the Committee of the Whole)
Sponsor: Representative William Van Regenmorter
House Committee: Judiciary
Senate Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act (RJA) to grant the district court jurisdiction over probable cause hearings, rather than preliminary examinations.
Under the RJA, the district court has jurisdiction of preliminary examinations in all felony cases and in misdemeanor cases for which the district court does not have jurisdiction of the trial. The bill would grant the district court jurisdiction over probable cause hearings, rather than preliminary examinations.
The bill would take effect on January 1, 2008, and apply to probable cause hearings commenced on or after that date. A preliminary examination begun before January 1, 2008, would have to be continued until completion under the law in effect on the date the preliminary examination began.
The bill is tie-barred to House Bill 4796, which would amend the Code of Criminal Procedure to provide for a probable cause determination in all felony cases, rather than a preliminary examination in all criminal cases.
MCL 600.8311 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
Please see FISCAL IMPACT on House Bill 4796.
Date Completed: 12-4-06 Fiscal Analyst: Bruce Baker
Bill Bowerman
Lindsay Hollander
Stephanie Yu
floor\hb4800 Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4800/0506