HB-5153, As Passed House, April 25, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5153

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 27 to chapter VII.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER VII

     Sec. 27. (1) An individual who uses force in compliance with

the self-defense act, and who is not engaged in the commission of a

crime at the time he or she used that force, is immune from

criminal prosecution for the use of that force.

     (2) If a prosecutor believes that a person used force that is

unjustified under the self-defense act, the prosecutor may charge

the person with a crime arising from that use of force and shall

present evidence to the magistrate at the time of warrant issuance

establishing probable cause to believe that the person committed

the crime charged and that the person's actions were not justified

under the self-defense act.

     Enacting section 1. This amendatory act takes effect October

1, 2006.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 5142.

     (b) House Bill No. 5143.

     (c) House Bill No. 5548.