SB-0105, As Passed Senate, May 9, 2007

SUBSTITUTE FOR

SENATE BILL NO. 105

     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 750.552.

     (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 district court 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. The

district court magistrate may set bond and accept a plea but may

not conduct a violation hearing or sentencing.

(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.