HB-4800, As Passed Senate, December 13, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4800

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 8311 (MCL 600.8311).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8311. The district court  shall have  has jurisdiction of

 

all of the following:

 

     (a) Misdemeanors punishable by a fine or imprisonment not

 

exceeding 1 year, or both.

 

     (b) Ordinance and charter violations punishable by a fine or

 

imprisonment, or both.

 

     (c) Arraignments,  the  fixing  of  bail, and  the  accepting  

 

of  bonds.

 

     (d)  Preliminary examinations  Probable cause hearings in all

 


felony cases and in misdemeanor cases not cognizable by the

 

district court.  , but there  There shall not be a  preliminary

 

examination  probable cause hearing for any misdemeanor to be tried

 

in  a  the district court.

 

     (e) Pleas in felony cases and in misdemeanor cases not

 

cognizable by the district court, as prescribed by supreme court

 

rule. Sentencing for a plea entered in the district court to a

 

felony or to a misdemeanor not cognizable by the district court

 

shall be in the circuit court.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2008 and applies to probable cause hearings commenced on or

 

after that date. A preliminary examination commenced before January

 

1, 2008 shall be continued until completion under the law in effect

 

on the date that the preliminary examination began.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 4796 of the 93rd Legislature is enacted into

 

law.