SB-0932, As Passed House, December 10, 2014

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 932

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 8512, 8512a, and 8513 (MCL 600.8512,

 

600.8512a, and 600.8513), section 8512 as amended by 1995 PA 54,

 

section 8512a as added by 1984 PA 278, and section 8513 as amended

 

by 2008 PA 95.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8512. (1) A district court magistrate may hear and

 

preside over civil infraction admissions, and admissions with

 

explanation, motions to set aside default or withdraw admissions,

 

and conduct informal hearings in civil infraction actions pursuant

 

to under section 746 of the Michigan vehicle code, Act No. 300 of

 

the Public Acts of 1949, being section 257.746 of the Michigan

 

Compiled Laws, 1949 PA 300, MCL 257.746, or section 8719 , or

 


section 8819 of this act, as applicable. In exercising the

 

authority conferred by this subsection, the a district court

 

magistrate may administer oaths, examine witnesses, and make

 

findings of fact and conclusions of law. If the a defendant is

 

determined to be responsible for a civil infraction, the district

 

court magistrate may impose the civil sanctions authorized by

 

section 907 of Act No. 300 of the Public Acts of 1949, being

 

section 257.907 of the Michigan Compiled Laws, section 8727, the

 

Michigan vehicle code, 1949 PA 300, MCL 257.907, or section 8827 of

 

this act, as applicable.

 

     (2) A district court magistrate shall not conduct an informal

 

hearing in a civil infraction action involving a traffic or parking

 

violation governed by Act No. 300 of the Public Acts of 1949, being

 

sections 257.1 to 257.923 of the Michigan Compiled Laws, the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, until he

 

or she has successfully completed a special training course in

 

traffic law adjudication and sanctions. The course shall be given

 

periodically by the state court administrator.

 

     (3) A district court magistrate may exercise the authority

 

conferred by this section only to the extent expressly authorized

 

by the chief judge, presiding judge, or only judge of the district

 

court district.

 

     Sec. 8512a. Only to the extent expressly authorized by the

 

chief judge, presiding judge, or only judge of the district court

 

district, a district court magistrate may do 1 or more of the

 

following:

 

     (a) Accept an admission of responsibility, decide a motion to

 


set aside a default or withdraw an admission, and order civil

 

sanctions for a civil infraction and order an appropriate civil

 

sanction permitted by the statute or ordinance defining the act or

 

omission.

 

     (b) Accept a plea of guilty or nolo contendere and impose

 

sentence for a misdemeanor or ordinance violation punishable by a

 

fine and which is not punishable by imprisonment by the terms of

 

the statute or ordinance creating the offense.

 

     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

 

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. However, this section does

 

not authorize a district court magistrate to accept a plea of

 

guilty or nolo contendere not expressly authorized pursuant to

 

under section 8511 or 8512a. A defendant neither demanding nor

 

waiving preliminary examination in writing is deemed to have

 

demanded preliminary examination and a defendant neither demanding

 

nor waiving jury trial in writing 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 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 expressly authorized by the chief

 

judge and by law, has judicial immunity to the extent accorded a

 

district court judge.