June 29, 2006, Introduced by Senator GARCIA and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 8511 and 8513 (MCL 600.8511 and 600.8513),
section 8511 as amended by 1999 PA 75 and section 8513 as added by
1984 PA 278.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
8511. A district court magistrate
shall have has the
following jurisdiction and duties:
(a) To arraign and sentence upon pleas of guilty or nolo
contendere for violations of the following acts or parts of acts,
or a local ordinance substantially corresponding to these acts or
parts of acts, when authorized by the chief judge of the district
court and if the maximum permissible punishment does not exceed 90
days in jail or a fine, or both:
(i) Part 487 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.48701 to 324.48740.
(ii) Part 401 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.40101 to 324.40119.
(iii) Part 801 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.80101 to 324.80199.
(iv) The motor carrier act, 1933 PA 254, MCL 475.1 to 479.43.
(v) Motor carrier safety act of 1963, 1963 PA 181, MCL 480.11
to 480.22
480.25.
(vi) Dog law of 1919, 1919 PA 339, MCL 287.261 to 287.290.
(vii) Section 703 or 915 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1703 and 436.1915.
(viii) Part 5 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.501 to 324.511.
(ix) Part 89 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.8901 to 324.8907.
(x) Part 435 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.43501 to 324.43561.
(xi) Part 731 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.73101 to 324.73111.
(xii) Chapter LXXXV of the Michigan penal code, 1931 PA 328,
MCL 750.546 to 750.552b.
(b) To arraign and sentence upon pleas of guilty or nolo
contendere for violations of the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, or a local ordinance substantially
corresponding to a provision of the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, except for violations of sections 625
and 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and
257.625m, or a local ordinance substantially corresponding to
section 625 or 625m of the Michigan vehicle code, 1949 PA 300, MCL
257.625 and 257.625m, when authorized by the chief judge of the
district court and if the maximum permissible punishment does not
exceed 93 days in jail or a fine, or both. However, the magistrate
may have the jurisdiction to arraign defendants and set bond with
regard to violations of sections 625 and 625m of the Michigan
vehicle code, 1949 PA 300, MCL 257.625 and 257.625m, or a local
ordinance substantially corresponding to section 625 or 625m of the
Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.625m.
(c) To arraign and sentence upon pleas of guilty or nolo
contendere for violations of part 811 or 821 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.81101 to 324.81150 and 324.82101 to 324.82160, or a local
ordinance substantially corresponding to a provision of part 811 or
821 of the natural resources and environmental protection act, 1994
PA 451, MCL 324.81101 to 324.81150 and 324.82101 to 324.82160,
except for violations of sections 81134, 81135, 82128, and 82129 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.81134, 324.81135, 324.82128, and 324.82129, or a local
ordinance substantially corresponding to sections 81134, 81135,
82128, and 82129 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81134, 324.81135, 324.82128,
and 324.82129, when authorized by the chief judge of the district
court and if the maximum permissible punishment does not exceed 93
days in jail or a fine, or both. However, the magistrate may have
the jurisdiction to arraign defendants and set bond with regard to
violations of sections 81134, 81135, 82128, and 82129 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.81134, 324.81135, 324.82128, and 324.82129.
(d) To arraign, when authorized by the chief judge of the
district court, for a violation arising directly out of a case for
which a judge or magistrate conducted the arraignment under
subdivision (a), (b), or (c), involving the same defendant. This
subdivision applies only to violations punishable by imprisonment
for not more than 1 year or a fine, or both, including, but not
limited to, a contempt violation or a violation of a condition of
probation imposed in the original case.
(e) (d)
To issue warrants for the arrest of a person upon
the written authorization of the prosecuting or municipal attorney,
except written authorization shall not be required for a vehicle
law or ordinance violation within the jurisdiction of the
magistrate if a police officer issued a traffic citation pursuant
to section 728 of the Michigan vehicle code, 1949 PA 300, MCL
257.728, and the defendant failed to appear.
(f) (e)
To fix bail and accept bond in all cases.
(g) (f)
To issue search warrants, when authorized to do so
by a district court judge.
Sec. 8513. (1) When authorized by the chief judge of the
district and whenever a district judge is not immediately
available,
a district court magistrate may conduct
the first an
appearance of a defendant before the court in all criminal and
ordinance violation cases, including acceptance of any written
demand or waiver of preliminary examination and acceptance of any
written
demand or waiver of jury trial. , but However,
this
section shall
does not authorize any a district
court
magistrate to accept a plea of guilty or nolo contendere not
expressly authorized pursuant to section 8511 or 8512a. A defendant
neither
demanding nor waiving preliminary examination in writing
shall
be is deemed to have demanded preliminary examination and
a
defendant
neither demanding nor waiving jury trial in writing
shall
be is considered to have demanded a jury trial.
(2) If authorized by the chief judge of the district, a
district court magistrate may do any of the following:
(a) Approve and grant petitions for the appointment of an
attorney to represent an indigent defendant accused of any
misdemeanor punishable by imprisonment for not more than 1 year or
ordinance violation punishable by imprisonment.
(b) Suspend payment of court fees by an indigent party in any
civil, small claims, or summary proceedings action, until after
judgment has been entered.
(c) Upon written authorization of the prosecuting or city
attorney, sign a nolle prosequi, dismissing any criminal or
ordinance violation case over which the district court has
jurisdiction and release any bail bond or bail bond deposit to the
persons
entitled thereto to the bail bond or deposit.
However, if
the preliminary examination or trial has commenced or a plea of
guilty or nolo contendere has been accepted by a district court
judge, the dismissal order may be entered only by that judge or his
or her alternate.
(d) Execute and issue process to carry into effect authority
expressly granted by law to district court magistrates.
(3) A district court magistrate, for acts done within his or
her
jurisdiction as provided by law, shall have has judicial
immunity to the extent accorded a district court judge.