March 4, 2014, Introduced by Senators HANSEN, JONES, NOFS, CASPERSON, PAPPAGEORGE, PROOS and PAVLOV and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1 of chapter IV (MCL 764.1), as amended by 2004
PA 318.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 1. (1) For the apprehension of persons charged with a
felony, misdemeanor, or ordinance violation, a judge or district
court magistrate may issue processes to implement this chapter,
except that a judge or district court magistrate shall not issue a
warrant for other than a minor offense unless an authorization in
writing allowing the issuance of the warrant is filed with the
judge or district court magistrate and, except as otherwise
provided in this act, the authorization is signed by the
prosecuting attorney, or unless security for costs is filed with
the judge or district court magistrate.
(2) A judge or district court magistrate shall not issue a
warrant for a minor offense unless an authorization in writing
allowing the issuance of the warrant is filed with the judge or
district court magistrate and signed by the prosecuting attorney,
or unless security for costs is filed with the judge or district
court magistrate, except if the warrant is requested by any of the
following officials for the following offenses:
(a) Agents of the state transportation department, a county
road commission, or the public service commission for violations of
the motor carrier act, 1933 PA 254, MCL 475.1 to 479.43, or the
motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to
480.22,
480.25, the enforcement of which has been delegated to
them.
(b) The director of the department of natural resources, or a
special assistant or conservation officer appointed by the director
of the department of natural resources and declared by statute to
be a peace officer, for a violation of a law that provides for the
protection of wild game or fish.
(3) A complaint for an arrest warrant may be made by any
electronic or electromagnetic means of communication, if all of the
following occur:
(a) The prosecuting attorney authorizes the issuance of the
warrant. Authorization may consist of an electronically or
electromagnetically transmitted facsimile of the signed
authorization.
(b) The judge or district court magistrate orally administers
the oath or affirmation to an applicant for an arrest warrant who
submits a complaint under this subsection.
(c) The applicant signs the complaint. Proof that the
applicant has signed the complaint may consist of an electronically
or electromagnetically transmitted facsimile of the signed
complaint.
(4) The person or department receiving an electronically or
electromagnetically issued arrest warrant shall receive proof that
the issuing judge or district court magistrate has signed the
warrant before the warrant is executed. Proof that the issuing
judge or district court magistrate has signed the warrant may
consist of an electronically or electromagnetically transmitted
facsimile of the signed warrant.