reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 85 of 2017 - Law Enforcement Body-Worn Camera Privacy Act (780.311 - 780.318) › Section 780.312 - Definitions.

780.312 Definitions.
Sec. 2.
As used in this act:
(a) "Body-worn camera" means a device that is worn by a law enforcement officer that electronically records audio and video of his or her activities.
(b) "Evidentiary audio and video recording" means an audio and video recording of an incident or encounter recorded by a body-worn camera, including a crime, arrest, citation, search, use of force incident, or confrontational encounter with a citizen, that may be materially useful for investigative or prosecutorial purposes, including for a criminal and internal investigation.
(c) "Private place" means a place where an individual may reasonably expect to be safe from casual or hostile intrusion or surveillance but does not include a place to which the public or a substantial group of the public has access.
History:
2017, Act 85, Eff. Jan. 8, 2018
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 85 of 2017 - Law Enforcement Body-Worn Camera Privacy Act (780.311 - 780.318) › Section 780.313 - Audio or Video Recording Recorded by Body-Worn Camera; Disclosure; Protections; Exemption From Freedom of Information Act.

780.313 Audio or video recording recorded by body-worn camera; disclosure; protections; exemption from freedom of information act.
Sec. 3.
(1) The disclosure of any audio or video recording recorded by a body-worn camera is subject to the protections provided for crime victims in sections 8, 19, 19a, 21, 34, 38, 48, 62, 68, and 80 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.758, 780.769, 780.769a, 780.771, 780.784, 780.788, 780.798, 780.812, 780.818, and 780.830.
(2) Except as otherwise provided in section 4 and subject to section 5, a recording recorded by a law enforcement officer with a body-worn camera that is recorded in a private place is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
2017, Act 85, Eff. Jan. 8, 2018
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 85 of 2017 - Law Enforcement Body-Worn Camera Privacy Act (780.311 - 780.318) › Section 780.314 - Audio and Video Recording Recorded by Law Enforcement Officer With Body-Worn Camera; Individuals Requesting Copy.

780.314 Audio and video recording recorded by law enforcement officer with body-worn camera; individuals requesting copy.
Sec. 4.
Except for an audio and video recording exempted from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, and section 3(1) or 5, any of the following individuals may request a copy of an audio and video recording recorded by a law enforcement officer with a body-worn camera in a private place:
(a) An individual who is the subject of the audio and video recording.
(b) An individual whose property has been seized or damaged in relation to a crime to which the audio and video recording is related.
(c) A parent of an individual who is less than 18 years of age described in subdivision (a) or (b).
(d) A legal guardian of an individual described in subdivision (a) or (b).
(e) An attorney who represents an individual described in subdivision (a) or (b).
History:
2017, Act 85, Eff. Jan. 8, 2018
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 85 of 2017 - Law Enforcement Body-Worn Camera Privacy Act (780.311 - 780.318) › Section 780.315 - Audio or Video Recording From Body-Worn Camera; Retention by Law Enforcement Agency; Disclosure as Public Record; Limitation.

780.315 Audio or video recording from body-worn camera; retention by law enforcement agency; disclosure as public record; limitation.
Sec. 5.
(1) An audio or video recording from a body-worn camera that is retained by a law enforcement agency in connection with an ongoing criminal investigation or an ongoing internal investigation is not a public record and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, but only to the extent that disclosure as a public record would do any of the following:
(a) Interfere with law enforcement proceedings.
(b) Deprive a person of the right to a fair trial or impartial adjudication.
(c) Constitute an unwarranted invasion of personal privacy.
(d) Disclose the identity of a confidential source or, if the record is compiled by a law enforcement agency in the course of a criminal investigation, disclose confidential information furnished only by a confidential source.
(e) Disclose law enforcement investigative techniques or procedures.
(f) Endanger the life or physical safety of law enforcement personnel.
(g) Disclose information regarding a crime victim in violation of sections 8, 19, 19a, 21, 34, 38, 48, 62, 68, and 80 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.758, 780.769, 780.769a, 780.771, 780.784, 780.788, 780.798, 780.812, 780.818, and 780.830.
(2) An audio or video recording from a body-worn camera that is retained by a law enforcement agency relating to a civil action in which the requesting party and the public body are parties is not a public record and is exempt from disclosure under section 13(1)(v) of the freedom of information act, 1976 PA 442, MCL 15.243.
History:
2017, Act 85, Eff. Jan. 8, 2018
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 85 of 2017 - Law Enforcement Body-Worn Camera Privacy Act (780.311 - 780.318) › Section 780.316 - Audio and Video Recording Recorded by Body-Worn Camera; Retention by Law Enforcement Agency; Duration; Presumption.

780.316 Audio and video recording recorded by body-worn camera; retention by law enforcement agency; duration; presumption.
Sec. 6.
(1) Except as provided in subsections (2) and (3), a law enforcement agency shall retain an evidentiary audio and video recording recorded by a body-worn camera for not less than 30 days from the date the recording is made.
(2) A law enforcement agency shall retain audio and video recordings that are the subject of an ongoing criminal or internal investigation, or an ongoing criminal prosecution or civil action, until the completion of the ongoing investigation or legal proceeding.
(3) A law enforcement agency shall retain audio and video recorded by a body-worn camera for not less than 3 years after the date the recording is made if the recording is relevant to a formal complaint against a law enforcement officer or agency.
(4) If a complaint against a law enforcement officer or law enforcement agency is made after the expiration of the retention period described in subsection (1), (2), or (3) or a law enforcement agency is unable to produce an audio and video recording related to the complaint in any criminal prosecution or civil action as a result of a technical failure or human error, this act does not create a presumption that the audio and video recording would corroborate either the prosecution's or the defendant's version of events in a criminal prosecution or the plaintiff's or the defendant's version in a civil action.
History:
2017, Act 85, Eff. Jan. 8, 2018
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 85 of 2017 - Law Enforcement Body-Worn Camera Privacy Act (780.311 - 780.318) › Section 780.317 - Fee.

780.317 Fee.
Sec. 7.
A law enforcement agency may charge a fee for a copy of an audio and video recording recorded by a law enforcement officer with a body-worn camera. A fee charged under this section shall be calculated under and in compliance with section 4 of the freedom of information act, 1976 PA 442, MCL 15.234.
History:
2017, Act 85, Eff. Jan. 8, 2018
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 85 of 2017 - Law Enforcement Body-Worn Camera Privacy Act (780.311 - 780.318) › Section 780.318 - Use, Maintenance, and Disclosure of Audio and Video Recordings Recorded by Body-Worn Cameras; Written Policy.

780.318 Use, maintenance, and disclosure of audio and video recordings recorded by body-worn cameras; written policy.
Sec. 8.
A law enforcement agency that utilizes body-worn cameras shall develop a written policy regarding the use of the body-worn cameras by its law enforcement officers and the maintenance and disclosure of audio and video recordings recorded by body-worn cameras that complies with the requirements of this act.
History:
2017, Act 85, Eff. Jan. 8, 2018
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 85 of 1935 - Coercion of Married Woman by Husband (780.401 - 780.401) › Section 780.401 - Presumption of Coercion by Husband Prohibited.

780.401 Presumption of coercion by husband prohibited.
Sec. 1.
In the prosecution of any complaint or indictment charging a criminal offense, no presumption shall be indulged that a married woman committing an offense does so under coercion because she commits it in the presence of her husband.
History:
1935, Act 85, Eff. Sept. 21, 1935 ;-- CL 1948, 780.401 ;-- Am. 1990, Act 220, Imd. Eff. Oct. 8, 1990
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Repealed - Act 165 of 1939 - Criminal Sexual Psychopathic Persons (780.501 - 780.509)

CRIMINAL SEXUAL PSYCHOPATHIC PERSONS
Act 165 of 1939
780.501-780.509 Repealed. 1966, Act 267, Eff. Mar. 10, 1967;—1968, Act 143, Eff. Aug. 1, 1968.
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Repealed - Act 177 of 1956 - Return of Parole Violators (780.551 - 780.553)

RETURN OF PAROLE VIOLATORS
Act 177 of 1956
780.551-780.553 Repealed. 1957, Act 276, Eff. Sept. 27, 1957.
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 276 of 1957 - Return of Parole Violators (780.561 - 780.565) › Section 780.561 - Return of Parole Violators; Deputization of Employees of Other State.

780.561 Return of parole violators; deputization of employees of other state.
Sec. 1.
The attorney general may deputize any person regularly employed by another state for such purposes to act as an officer and agent of this state in effecting the return of any person who has violated the terms and conditions of parole as imposed by this state. In any matter relating to the return of such a person, any agent so deputized shall have all the powers of a police officer of this state for the purpose of effecting the transfer and limited to the time required to effect it.
History:
1957, Act 276, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 276 of 1957 - Return of Parole Violators (780.561 - 780.565) › Section 780.562 - Parole Violators; Evidence of Deputization.

780.562 Parole violators; evidence of deputization.
Sec. 2.
Any deputization pursuant to this statute shall be in writing, duly authenticated by the secretary of state, and any person authorized to act as an agent of this state pursuant hereto shall carry formal evidence of his deputization and shall produce the same upon demand.
History:
1957, Act 276, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 276 of 1957 - Return of Parole Violators (780.561 - 780.565) › Section 780.564 - Binding Effect of Act.

780.564 Binding effect of act.
Sec. 4.
This act shall not be binding upon this state by any other state not having adopted such legislation.
History:
1957, Act 276, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 276 of 1957 - Return of Parole Violators (780.561 - 780.565) › Section 780.565 - Repeal.

780.565 Repeal.
Sec. 5.
Act No. 177 of the Public Acts of 1956, being sections 780.551 to 780.553 of the Compiled Laws of 1948, is hereby repealed.
History:
1957, Act 276, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 44 of 1961 - Release of Misdemeanor Prisoners (780.581 - 780.588) › Section 780.582 - Arrest With Warrant for Misdemeanor or Violation of Ordinance; Penalty; Interim Bond.

780.582 Arrest with warrant for misdemeanor or violation of ordinance; penalty; interim bond.
Sec. 2.
Except as otherwise provided in section 2a, if a person is arrested with a warrant for a misdemeanor or a violation of a city, village, or township ordinance, and the misdemeanor or violation is punishable by imprisonment for not more than 1 year or by a fine, or both, the provisions of section 1 shall apply, except that the interim bond shall be directed to the magistrate who has signed the warrant, or to any judge authorized to act in his or her stead.
History:
1961, Act 44, Imd. Eff. May 20, 1961 ;-- Am. 1970, Act 157, Eff. Apr. 1, 1971 ;-- Am. 1990, Act 308, Eff. Mar. 28, 1991
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 44 of 1961 - Release of Misdemeanor Prisoners (780.581 - 780.588) › Section 780.583 - Deposit of Interim Bond; Form of Receipt; Forfeiture; Waiver; Order; Warrant.

780.583 Deposit of interim bond; form of receipt; forfeiture; waiver; order; warrant.
Sec. 3.
(1) If an arrested person deposits an interim bond pursuant to section 1, the officer accepting the bond shall give a receipt to the person for the money deposited with him or her on a form as follows:
Date
Received from
the sum of
Dollars as cash bail to assure the appearance of
before
District Court Judge (or Municipal
Judge) for
, at
on the
day of
, 19 ,
to answer to a charge of .
If the accused fails to appear at the time and place specified above and to submit to the jurisdiction of the court and stand to and abide by any order of the court, the sum specified above shall be forfeited to the state or the arresting political subdivision.
By depositing this money and accepting this receipt the accused waives any claim to the money following forfeiture.
Officer
Dept.
(2) If the accused fails to appear as required in the interim bond receipt, the court shall order the bond forfeited as in cases of default in bail. In addition, the court may issue a warrant upon a signed complaint for the arrest of the accused or a bench warrant for the further appearance of the accused.
History:
1961, Act 44, Imd. Eff. May 20, 1961 ;-- Am. 1970, Act 157, Eff. Apr. 1, 1971 ;-- Am. 1990, Act 308, Eff. Mar. 28, 1991
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 44 of 1961 - Release of Misdemeanor Prisoners (780.581 - 780.588) › Section 780.583a - Release on Own Recognizance; Interim Bond Receipt.

780.583a Release on own recognizance; interim bond receipt.
Sec. 3a.
Except as otherwise provided in section 2a, if an arrest is made on a misdemeanor warrant from another county, the arresting officer may release the arrested person on his or her own recognizance. An interim bond receipt as provided in section 3 shall be executed. On the face of the receipt shall be written "released on own recognizance".
History:
Add. 1970, Act 157, Eff. Apr. 1, 1971 ;-- Am. 1990, Act 308, Eff. Mar. 28, 1991
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 44 of 1961 - Release of Misdemeanor Prisoners (780.581 - 780.588) › Section 780.584 - Officer Taking Deposit; Report; Embezzlement.

780.584 Officer taking deposit; report; embezzlement.
Sec. 4.
Every officer taking a deposit under this act within 48 hours thereafter or at the next session of court shall deposit the same with the magistrate named in the receipt form, together with the facts relating to such arrest, and failure to make such report and deposit such money shall be deemed embezzlement of public money.
History:
1961, Act 44, Imd. Eff. May 20, 1961
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 44 of 1961 - Release of Misdemeanor Prisoners (780.581 - 780.588) › Section 780.585 - Magistrate; Change of Bond Amounts.

780.585 Magistrate; change of bond amounts.
Sec. 5.
In cases arising under section 2 of this act, the magistrate issuing the warrant may endorse on the back thereof a greater or a lesser amount for an interim bond.
History:
1961, Act 44, Imd. Eff. May 20, 1961 ;-- Am. 1970, Act 157, Eff. Apr. 1, 1971
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 44 of 1961 - Release of Misdemeanor Prisoners (780.581 - 780.588) › Section 780.586 - Interim Bond; Purpose; Change of Amount on Arraignment.

780.586 Interim bond; purpose; change of amount on arraignment.
Sec. 6.
Cash bonds accepted under this act shall be known as interim bonds, and shall be for the purpose of securing the defendant's arraignment in court, at which time said court may continue said bond for further proceedings, or may require a property bond or a cash bond in a greater or lesser amount.
History:
1961, Act 44, Imd. Eff. May 20, 1961 ;-- Am. 1970, Act 157, Eff. Apr. 1, 1971
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 44 of 1961 - Release of Misdemeanor Prisoners (780.581 - 780.588) › Section 780.587 - Traffic Offenses Not Affected.

780.587 Traffic offenses not affected.
Sec. 7.
The provisions of this act shall not affect section 728 of Act No. 300 of the Public Acts of 1949, as amended, being section 257.728 of the Compiled Laws of 1948.
History:
1961, Act 44, Imd. Eff. May 20, 1961 ;-- Am. 1970, Act 157, Eff. Apr. 1, 1971
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 44 of 1961 - Release of Misdemeanor Prisoners (780.581 - 780.588) › Section 780.588 - Repeal.

780.588 Repeal.
Sec. 8.
Section 13 of chapter 4 of Act No. 175 of the Public Acts of 1927, as amended, being section 764.13 of the Compiled Laws of 1948, is hereby repealed.
History:
1961, Act 44, Imd. Eff. May 20, 1961
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 141 of 1961 - Interstate Agreement on Detainers (780.601 - 780.608) › Section 780.602 - Appropriate Court; Definition.

780.602 Appropriate court; definition.
Sec. 2.
The phrase "appropriate court" as used in the agreement on detainers, with reference to the courts of this state, means all courts of record.
History:
1961, Act 141, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 141 of 1961 - Interstate Agreement on Detainers (780.601 - 780.608) › Section 780.603 - Agreement on Detainers; Cooperation to Enforce.

780.603 Agreement on detainers; cooperation to enforce.
Sec. 3.
All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
History:
1961, Act 141, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 141 of 1961 - Interstate Agreement on Detainers (780.601 - 780.608) › Section 780.604 - Agreement on Detainers; Nonapplicability of Habitual Criminal Act.

780.604 Agreement on detainers; nonapplicability of habitual criminal act.
Sec. 4.
Nothing in this act or in the agreement on detainers shall be construed to require the application of sections 10, 11 and 12 of chapter 9 of Act No. 175 of the Public Acts of 1927, as amended, being sections 769.10, 769.11 and 769.12 of the Compiled Laws of 1948, to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
History:
1961, Act 141, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 141 of 1961 - Interstate Agreement on Detainers (780.601 - 780.608) › Section 780.605 - Agreement on Detainers; Escape From Custody in Another State.

780.605 Agreement on detainers; escape from custody in another state.
Sec. 5.
Escape from custody while in any other state pursuant to the agreement on detainers constitutes an offense against the laws of this state to the same extent and degree as escape from prison in this state and shall be punishable in the same manner as such an escape.
History:
1961, Act 141, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 141 of 1961 - Interstate Agreement on Detainers (780.601 - 780.608) › Section 780.606 - Agreement on Detainers; Duty of Wardens.

780.606 Agreement on detainers; duty of wardens.
Sec. 6.
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
History:
1961, Act 141, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 141 of 1961 - Interstate Agreement on Detainers (780.601 - 780.608) › Section 780.607 - Agreement on Detainers; Director of Department of Corrections.

780.607 Agreement on detainers; director of department of corrections.
Sec. 7.
The director of the department of corrections shall serve as the central administrator and chief enforcement officer of this act.
History:
1961, Act 141, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 141 of 1961 - Interstate Agreement on Detainers (780.601 - 780.608) › Section 780.608 - Agreement on Detainers; Copies of Act, Distribution.

780.608 Agreement on detainers; copies of act, distribution.
Sec. 8.
Copies of this act, upon its approval, shall be transmitted to the governor of each state and the attorney general and the secretary of state of the United States and to the council of state governments.
History:
1961, Act 141, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624) › Section 780.621a - Definitions.

780.621a Definitions.
Sec. 1a.
As used in this act:
(a) "Conviction" means a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or upon a jury verdict or court finding that a defendant is guilty or guilty but mentally ill.
(b) "Traffic offense" means a violation of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a local ordinance substantially corresponding to that act, which violation involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.
History:
Add. 1982, Act 495, Eff. Mar. 30, 1983
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624) › Section 780.621b - Setting Aside Multiple Criminal Offenses Arising Out of Same Transaction; Exceptions.

780.621b Setting aside multiple criminal offenses arising out of same transaction; exceptions.
Sec. 1b.
(1) For purposes of a petition to set aside a conviction under section 1 or 1e, more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor convictions were contemporaneous such that all of the felony or misdemeanor offenses occurred within 24 hours and arose from the same transaction, provided that none of those felony or misdemeanor offenses constitute any of the following:
(a) An assaultive crime.
(b) A crime involving the use or possession of a dangerous weapon.
(c) A crime with a maximum penalty of 10 or more years' imprisonment.
(d) A conviction for a crime that if it had been obtained in this state would be for an assaultive crime.
(2) As used in this section, "dangerous weapon" means that term as defined in section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a.
History:
Add. 2020, Act 188, Eff. Apr. 11, 2021
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624) › Section 780.621f - Procedures for Setting Aside Certain Marihuana Offenses Under MCL 780.621e.

780.621f Procedures for setting aside certain marihuana offenses under MCL 780.621e.
Sec. 1f.
(1) If an application to set aside a conviction or convictions under section 1e is granted, the arresting agency and the department of the state police shall maintain the nonpublic record created under section 3 for use as authorized under section 3.
(2) If an application to set aside a conviction or convictions is granted under section 1e, the applicant may not thereafter seek resentencing in another criminal case the applicant was sentenced for during which the conviction or convictions at issue were used in determining an appropriate sentence for the applicant, whether or not the setting aside of the conviction or convictions would have changed the scoring of a prior record variable for purposes of the sentencing guidelines or otherwise.
(3) A party aggrieved by the ruling of the convicting court considering an application under section 1e may seek a rehearing or reconsideration under the applicable rules of the convicting court or may file an appeal with the circuit court or, if applicable, the court of appeals in accordance with the rules of those courts.
(4) The setting aside of a conviction under section 1e does not entitle the applicant to the return of any fines, costs, or fees imposed as part of the applicant's sentence for the conviction or convictions or of any money or property forfeited by the prosecuting agency or any law enforcement agency as a result of the conduct leading to the conviction or as a result of the conviction itself.
History:
Add. 2020, Act 189, Eff. Apr. 11, 2021
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624) › Section 780.621h - Reinstatement of Conviction Set Aside Without Application.

780.621h Reinstatement of conviction set aside without application.
Sec. 1h.
(1) Upon the occurrence of 1 of the circumstances under subsection (2) or (3), a conviction that was set aside by operation of law under section 1g shall be reinstated by the court as provided in this section.
(2) If it is determined that a conviction was improperly or erroneously set aside under section 1g because the conviction was not eligible to be set aside under section 1g or any other provision of this act, the court shall, on its own motion, reinstate the conviction.
(3) Upon a motion by a person owed restitution, or on its own motion, the court shall reinstate a conviction that was set aside under section 1g for which the individual whose conviction was set aside was ordered to pay restitution if the court determines that the individual has not made a good-faith effort to pay the ordered restitution.
History:
Add. 2020, Act 193, Eff. Apr. 11, 2021
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624) › Section 780.621i - Michigan Set Aside Fund; Creation; Expenditures.

780.621i Michigan set aside fund; creation; expenditures.
Sec. 1i.
(1) The Michigan set aside fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The state treasurer shall be the administrator of the fund for auditing purposes.
(5) The department of state police, the department of technology, management, and budget, and the state court administrative office shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes:
(a) Implementation costs associated with changes made to this act by the amendatory act that added this section.
(b) System upgrades necessitated by the changes made to this act by the amendatory act that added this section.
(c) Staffing needs necessitated by the changes made to this act by the amendatory act that added this section.
History:
Add. 2020, Act 193, Eff. Apr. 11, 2021
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624) › Section 780.622 - Entry of Order; Effect; Use of Set Aside Conviction; "Applicant" Defined.

780.622 Entry of order; effect; use of set aside conviction; "applicant" defined.
Sec. 2.
(1) Upon the entry of an order under section 1 or 1e, or upon the automatic setting aside of a conviction under section 1g, the applicant, for purposes of the law, is considered not to have been previously convicted, except as provided in this section and section 3.
(2) The applicant is not entitled to the remission of any fine, costs, or other money paid as a consequence of a conviction that is set aside.
(3) If the conviction set aside under section 1(1), 1e, or 1g is for a listed offense as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, the applicant is considered to have been convicted of that offense for purposes of that act.
(4) This act does not affect the right of the applicant to rely upon the conviction to bar subsequent proceedings for the same offense.
(5) This act does not affect the right of a victim of a crime to prosecute or defend a civil action for damages.
(6) This act does not create a right to commence an action for damages for incarceration under the sentence that the applicant served before the conviction is set aside under this act.
(7) This act does not relieve any obligation to pay restitution owed to the victim of a crime nor does it affect the jurisdiction of the convicting court or the authority of any court order with regard to enforcing an order for restitution.
(8) A conviction, including any records relating to the conviction and any records concerning a collateral action, that has been set aside under this act cannot be used as evidence in an action for negligent hiring, admission, or licensure against any person.
(9) A conviction that is set aside under section 1, 1e, or 1g may be considered a prior conviction by court, law enforcement agency, prosecuting attorney, or the attorney general, as applicable, for purposes of charging a crime as a second or subsequent offense or for sentencing under sections 10, 11, and 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
(10) As used in this section, "applicant" includes an individual who has applied under this act to have his or her conviction or convictions set aside and an individual whose conviction or convictions have been set aside without an application under section 1g.
History:
1965, Act 213, Imd. Eff. July 16, 1965 ;-- Am. 1982, Act 495, Eff. Mar. 30, 1983 ;-- Am. 1993, Act 342, Eff. May 1, 1994 ;-- Am. 1994, Act 294, Eff. Oct. 1, 1995 ;-- Am. 2014, Act 335, Eff. Jan. 14, 2015 ;-- Am. 2020, Act 193, Eff. Apr. 11, 2021
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 213 of 1965 - Setting Aside Convictions (780.621 - 780.624) › Section 780.624 - Setting Aside of Convictions; Limitation.

780.624 Setting aside of convictions; limitation.
Sec. 4.
Except as provided in sections 1, 1e, and 1g, a person may have only 1 conviction set aside under this act.
History:
Add. 1982, Act 495, Eff. Mar. 30, 1983 ;-- Am. 2014, Act 335, Eff. Jan. 14, 2015 ;-- Am. 2020, Act 193, Eff. Apr. 11, 2021
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 189 of 1966 - Search Warrants (780.651 - 780.659) › Section 780.652 - Search Warrant; Grounds for Issuance.

780.652 Search warrant; grounds for issuance.
Sec. 2.
(1) A warrant may be issued to search for and seize any property or other thing that is 1 or more of the following:
(a) Stolen or embezzled in violation of a law of this state.
(b) Designed and intended for use, or that is or has been used, as the means of committing a crime.
(c) Possessed, controlled, or used wholly or partially in violation of a law of this state.
(d) Evidence of crime or criminal conduct.
(e) Contraband.
(f) The body or person of a human being or of an animal that may be the victim of a crime.
(g) The object of a search warrant under another law of this state providing for the search warrant. If there is a conflict between this act and another search warrant law, this act controls.
(2) A warrant may be issued to search for and seize a person who is the subject of either of the following:
(a) An arrest warrant for the apprehension of a person charged with a crime.
(b) A bench warrant issued in a criminal case.
History:
1966, Act 189, Eff. Mar. 10, 1967 ;-- Am. 2009, Act 10, Imd. Eff. Apr. 9, 2009
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 189 of 1966 - Search Warrants (780.651 - 780.659) › Section 780.652a - Search Warrant; Search and Seizure of Hair, Tissue, Blood, or Other Fluids.

780.652a Search warrant; search and seizure of hair, tissue, blood, or other fluids.
Sec. 2a.
(1) If the court has probable cause to believe that an individual violated section 520b(1)(b)(ii) or (h)(i), 520c(1)(b)(ii) or (h)(i), 520d(1)(d), or 520e(1)(g) of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.520b, 750.520c, 750.520d, and 750.520e of the Michigan Compiled Laws, the court shall, upon proper petition for a search warrant, authorize the search and seizure of hair or tissue, or blood or other fluid samples from all of the following:
(a) Any individual whom the court has probable cause to believe committed that violation.
(b) If the court has probable cause to believe that the violation resulted in the birth of a child, that child.
(c) If the court has probable cause to believe that the violation resulted in a pregnancy that was terminated before the birth of a child, the remains of that unborn child.
(2) This section does not prohibit the court from issuing a search warrant for other evidence as considered appropriate by the court.
History:
Add. 1996, Act 186, Eff. June 1, 1996
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 189 of 1966 - Search Warrants (780.651 - 780.659) › Section 780.653 - Judge or District Court Magistrate's Finding of Reasonable or Probable Cause; Basis of Finding; Basis and Contents of Affidavit.

780.653 Judge or district court magistrate's finding of reasonable or probable cause; basis of finding; basis and contents of affidavit.
Sec. 3.
The judge or district court magistrate's finding of reasonable or probable cause shall be based upon all the facts related within the affidavit made before him or her. The affidavit may be based upon information supplied to the complainant by a named or unnamed person if the affidavit contains 1 of the following:
(a) If the person is named, affirmative allegations from which the judge or district court magistrate may conclude that the person spoke with personal knowledge of the information.
(b) If the person is unnamed, affirmative allegations from which the judge or district magistrate may conclude that the person spoke with personal knowledge of the information and either that the unnamed person is credible or that the information is reliable.
History:
1966, Act 189, Eff. Mar. 10, 1967 ;-- Am. 1988, Act 80, Eff. June 1, 1988 ;-- Am. 2014, Act 383, Imd. Eff. Dec. 18, 2014
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 189 of 1966 - Search Warrants (780.651 - 780.659) › Section 780.654 - Search Warrant; Direction of Warrant; Contents; Order to Suppress Affidavit.

780.654 Search warrant; direction of warrant; contents; order to suppress affidavit.
Sec. 4.
(1) A search warrant shall be directed to the sheriff or any peace officer, commanding the sheriff or peace officer to search the house, building, or other location or place, where the person, property, or thing for which the sheriff or peace officer is required to search is believed to be concealed. Each warrant shall designate and describe the house or building or other location or place to be searched and the property or thing to be seized.
(2) The warrant shall either state the grounds or the probable or reasonable cause for its issuance or shall have attached to it a copy of the affidavit.
(3) Upon a showing that it is necessary to protect an ongoing investigation or the privacy or safety of a victim or witness, the magistrate may order that the affidavit be suppressed and not be given to the person whose property was seized or whose premises were searched until that person is charged with a crime or named as a claimant in a civil forfeiture proceeding involving evidence seized as a result of the search.
History:
1966, Act 189, Eff. Mar. 10, 1967 ;-- Am. 2002, Act 112, Eff. Apr. 22, 2002 ;-- Am. 2009, Act 11, Imd. Eff. Apr. 9, 2009
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 189 of 1966 - Search Warrants (780.651 - 780.659) › Section 780.655 - Property Seized Upon Search; Tabulation; Filing; Suppression Order; Custody; Restoration to Owner; Disposition of Other Property.

780.655 Property seized upon search; tabulation; filing; suppression order; custody; restoration to owner; disposition of other property.
Sec. 5.
(1) When an officer in the execution of a search warrant finds any property or seizes any of the other things for which a search warrant is allowed by this act, the officer, in the presence of the person from whose possession or premises the property or thing was taken, if present, or in the presence of at least 1 other person, shall make a complete and accurate tabulation of the property and things that were seized. The officer taking property or other things under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and shall give to the person a copy of the tabulation upon completion, or shall leave a copy of the warrant and tabulation at the place from which the property or thing was taken. The officer is not required to give a copy of the affidavit to that person or to leave a copy of the affidavit at the place from which the property or thing was taken.
(2) The officer shall file the tabulation promptly with the judge or district court magistrate. The tabulation may be suppressed by order of the judge or district court magistrate until the final disposition of the case unless otherwise ordered. The property and things that were seized shall be safely kept by the officer so long as necessary for the purpose of being produced or used as evidence in any trial.
(3) As soon as practicable, stolen or embezzled property shall be restored to the owner of the property. Other things seized under the warrant shall be disposed of under direction of the judge or district court magistrate, except that money and other useful property shall be turned over to the state, county or municipality, the officers of which seized the property under the warrant. Money turned over to the state, county, or municipality shall be credited to the general fund of the state, county, or municipality.
History:
1966, Act 189, Eff. Mar. 10, 1967 ;-- Am. 2002, Act 112, Eff. Apr. 22, 2002 ;-- Am. 2014, Act 383, Imd. Eff. Dec. 18, 2014
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 189 of 1966 - Search Warrants (780.651 - 780.659) › Section 780.656 - Service of Warrant; Officer's Authorization to Use Force.

780.656 Service of warrant; officer's authorization to use force.
Sec. 6.
The officer to whom a warrant is directed, or any person assisting him, may break any outer or inner door or window of a house or building, or anything therein, in order to execute the warrant, if, after notice of his authority and purpose, he is refused admittance, or when necessary to liberate himself or any person assisting him in execution of the warrant.
History:
1966, Act 189, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 189 of 1966 - Search Warrants (780.651 - 780.659) › Section 780.657 - Executing Search Warrant; Wilfully Exceeding Authority; Penalty.

780.657 Executing search warrant; wilfully exceeding authority; penalty.
Sec. 7.
Any person who in executing a search warrant, wilfully exceeds his authority or exercises it with unnecessary severity, shall be fined not more than $1,000.00 or imprisoned not more than 1 year.
History:
1966, Act 189, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 189 of 1966 - Search Warrants (780.651 - 780.659) › Section 780.658 - Unlawful Procurement of Search Warrant; Penalty.

780.658 Unlawful procurement of search warrant; penalty.
Sec. 8.
Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined not more than $1,000.00 or imprisoned not more than 1 year.
History:
1966, Act 189, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 189 of 1966 - Search Warrants (780.651 - 780.659) › Section 780.659 - Repeal.

780.659 Repeal.
Sec. 9.
Sections 1, 2, 3 and 5 of chapter 16 of Act No. 175 of the Public Acts of 1927, as amended, being sections 776.1, 776.2, 776.3 and 776.5 of the Compiled Laws of 1948, are repealed.
History:
1966, Act 189, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 289 of 1968 - Granting Immunity to Witnesses (780.701 - 780.705) › Section 780.701 - Order Granting Immunity; Application by Prosecuting Attorney; Verified Statement; Determination to Grant Immunity.

780.701 Order granting immunity; application by prosecuting attorney; verified statement; determination to grant immunity.
Sec. 1.
(1) The prosecuting attorney may apply to the following, as applicable, for an order granting immunity to any person designated by name and address in the application who might give testimony concerning the violation charged in the complaint and warrant or alleged in the petition:
(a) The examining magistrate at a preliminary examination.
(b) The trial judge at a trial for a felony or misdemeanor.
(c) The judge at an adjudication for a juvenile alleged to be within the court's jurisdiction under section 2(a)(i) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, or a probable cause hearing or trial in a case designated as a case in which the juvenile is to be tried in the same manner as an adult under section 2d of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d.
(2) The application shall be accompanied by the prosecuting attorney's verified statement setting forth the facts upon which the application is based.
(3) If the judge determines that it is in the interest of justice that immunity be granted, the judge shall enter an order granting immunity to the witness if the witness appears before the court in the proceeding and testifies truthfully under oath concerning any matter or thing of which the witness knows concerning matters charged in the complaint and warrant or alleged in the petition, as set forth in the prosecuting attorney's application.
History:
1968, Act 289, Eff. Nov. 15, 1968 ;-- Am. 1999, Act 249, Imd. Eff. Dec. 28, 1999
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 289 of 1968 - Granting Immunity to Witnesses (780.701 - 780.705) › Section 780.702 - Delivery of Order to Witness; Applicability of Order; Transcript of Answers; Use of Truthful Testimony or Information Against Witness in Criminal Case.

780.702 Delivery of order to witness; applicability of order; transcript of answers; use of truthful testimony or information against witness in criminal case.
Sec. 2.
(1) A true copy of the order granting immunity shall be delivered to the witness before he or she answers any questions subsequently asked at the proceeding. The order granting immunity applies until the judge informs the witness that the immunity no longer applies.
(2) All questions of the witness and his or her answers shall be transcribed at the judge's direction. A true and certified copy of the transcript shall be delivered to the witness as soon as practicable after transcription.
(3) Truthful testimony or other truthful information compelled under the order granting immunity and any information derived directly or indirectly from that truthful testimony or other truthful information shall not be used against the witness in a criminal case, except for impeachment purposes or in a prosecution for perjury or otherwise failing to comply with the order.
History:
1968, Act 289, Eff. Nov. 15, 1968 ;-- Am. 1999, Act 249, Imd. Eff. Dec. 28, 1999
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 289 of 1968 - Granting Immunity to Witnesses (780.701 - 780.705) › Section 780.703 - Failure or Refusal to Testify at Proceeding After Grant of Immunity; Contempt.

780.703 Failure or refusal to testify at proceeding after grant of immunity; contempt.
Sec. 3.
A witness who fails or refuses to testify at a proceeding described in this act after service of a true copy of the order granting the witness immunity is guilty of contempt.
History:
1968, Act 289, Eff. Nov. 15, 1968 ;-- Am. 1999, Act 249, Imd. Eff. Dec. 28, 1999
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 289 of 1968 - Granting Immunity to Witnesses (780.701 - 780.705) › Section 780.704 - False Testimony; Perjury, Penalty.

780.704 False testimony; perjury, penalty.
Sec. 4.
A person who wilfully swears falsely under oath in regard to any matter or thing upon which he is being examined under a grant of immunity is subject to the penalties of perjury as prescribed by law.
History:
1968, Act 289, Eff. Nov. 15, 1968
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 289 of 1968 - Granting Immunity to Witnesses (780.701 - 780.705) › Section 780.705 - Right to Counsel.

780.705 Right to counsel.
Sec. 5.
A witness granted immunity as provided by this act has the right to representation by counsel at all times at his request.
History:
1968, Act 289, Eff. Nov. 15, 1968
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.711 - Short Title.

780.711 Short title.
Sec. 1.
This act shall be known and may be cited as the "appellate defender act".
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.711a.added - Definitions.

***** 780.711a.added THIS ADDED SECTION IS EFFECTIVE OCTOBER 1, 2024 *****
780.711a.added Definitions.
Sec. 1a.
As used in this act:
(a) "Adult" means either of the following:
(i) An individual who is eligible to appeal a criminal conviction or exercise any other postconviction remedy.
(ii) An individual who is eligible to appeal an order issued under section 2d or 4 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d and 712A.4.
(b) "Indigent" means that term as defined in section 3 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780.983.
(c) "Indigent defense system" or "system" means either of the following:
(i) The local unit of government that funds a trial court.
(ii) If a trial court is funded by more than 1 local unit of government, those local units of government, collectively.
(d) "Local contribution" means an indigent defense system's average annual expenditure for attorney fees and expenses during the first 3 full fiscal years in which the system has complied with the standard procedure established under section 8a(2), excluding expenditures reimbursed under section 8a(4). If the Consumer Price Index has increased since November 1 of the prior state fiscal year, the local contribution must be adjusted by that percentage or 3%, whichever is less.
(e) "Youth" means an individual who is eligible to appeal an order issued under section 2(a), (d), or (h) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
History:
Add. 2023, Act 299, Eff. Oct. 1, 2024
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.713 - Appellate Defender; Appointment; Dismissal; Duties.

780.713 Appellate defender; appointment; dismissal; duties.
Sec. 3.
(1) An appellate defender shall be appointed and serve at the pleasure of the appellate defender commission. An appellate defender shall not be dismissed except for cause determined after a hearing. Dismissal shall require a majority vote of the commission.
(2) The appellate defender shall appoint and supervise the work of a deputy appellate defender and assistant appellate defenders and supporting personnel as authorized by the commission.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979