Act No. 543

Public Acts of 2006

Approved by the Governor

December 28, 2006

Filed with the Secretary of State

December 29, 2006

EFFECTIVE DATE: December 29, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Reps. Acciavatti, David Law, Kahn, Schuitmaker and Robertson

ENROLLED HOUSE BILL No. 6181

AN ACT to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 760.1 to 777.69) by adding section 15g to chapter IV.

The People of the State of Michigan enact:

CHAPTER IV

Sec. 15g. (1) When a person is arrested and taken into custody with or without a warrant as allowed under this chapter, the peace officer who made the arrest, the law enforcement agency employing that officer, or a central dispatch service for the law enforcement agency shall promptly use the law enforcement information network to determine whether the person arrested is a parolee under the jurisdiction of the department of corrections. If the person arrested is a parolee, the peace officer who made the arrest, the law enforcement agency employing that officer, or a central dispatch service for the law enforcement agency shall promptly give to the department of corrections, by telephonic or electronic means, notice of all of the following:

(a) The identity of the person arrested.

(b) The fact that information in databases managed by the department of corrections and accessible by the law enforcement information network provides reason to believe the person arrested is a parolee under the jurisdiction of the department of corrections.

(c) The charge or charges for which the person was arrested.

(2) The requirement to give notice to the department of corrections under subsection (1) is complied with if the notice is transmitted to any of the following:

(a) The department by a central toll-free telephone number that is designated by the department for that purpose and that is in operation 24 hours a day and is posted in the department's database of information concerning the status of parolees.

(b) A parole agent serving the county where the arrest occurred.

(c) The supervisor of the parole office serving the county where the arrest occurred.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor