HOUSE BILL No. 5092

 

October 18, 2011, Introduced by Rep. Johnson and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 18 of chapter XVI (MCL 776.18).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XVI

 

     Sec. 18. The prosecuting attorney may , under the direction of

 

the court, procure such the assistance in the trial of any person

 

charged with a felony as he may deem or she considers necessary.

 

for the trial thereof, and the prosecuting attorney may, under the

 

direction of the court, in case of disability of the prosecuting

 

attorney, The prosecuting attorney may appoint an assistant to

 

perform his or her duties during a period when the disability of

 

the prosecuting attorney, and such prosecuting attorney is unable


 

to perform those duties. An assistant appointed under this section

 

shall be allowed such paid reasonable compensation as determined by

 

the board of supervisors or the board of county auditors, in

 

counties having county auditors shall determine, as applicable, for

 

his those services. to be paid by the county treasurer upon

 

presenting to said board the certificate of the circuit judge of

 

the county for which such services were performed, certifying to

 

the services rendered by such assistant: Provided, That no No

 

person or attorney shall be employed or appointed as assistant

 

prosecutor who is interested as an attorney or otherwise in any a

 

case involving the same facts or circumstances involved in the

 

cases a case to be conducted or tried by said the assistant ,

 

prosecutor or who has received any compensation from any person or

 

persons who are interested in such with an interest in those cases.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5091(request no.

 

02939'11) of the 96th Legislature is enacted into law.