reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.22 - Surety on Recognizance; Discharge; Notice, Form.

765.22 Surety on recognizance; discharge; notice, form.
Sec. 22.
Whenever by the order of such court a recognizance in the above form shall have been cancelled, discharged or set aside, or the cause in which said recognizance is given shall have been dismissed, the clerk of such court shall forthwith record with the register of deeds of the county in which the real estate is located, a notice of discharge in writing in substantially the following form:
To Whom it May Concern:
TAKE NOTICE that by the order of the
of the city
county of .............................. the recognizance of ......................................... as principal and .................................... as surety, given in the cause of the people of the state of Michigan, Plaintiff, vs. ......................................... Defendant, known and identified as Cause No. ............ in said court, is cancelled, discharged and set aside and the lien of the people of the state of Michigan to the real estate therein pledged as security is hereby waived, discharged and set aside.
Description of Real Estate.
..
..
..
..
Clerk of the .......................................Court.
For the city
county of ..
Dated
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17184 ;-- CL 1948, 765.22 ;-- Am. 1958, Act 122, Eff. Sept. 13, 1958
Former Law:
See section 3 of Act 17 of 1926.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.23 - Surety on Recognizance; Register of Deeds; Duty as to Notices of Lien and Discharges; Fees.

765.23 Surety on recognizance; register of deeds; duty as to notices of lien and discharges; fees.
Sec. 23.
The register of deeds of the county in which such court is located shall properly keep and record all such notices of lien and notices of discharge as hereinbefore provided as may be recorded with him, and shall keep in addition thereto a book or record in which he shall properly index such notice of lien and notices of discharge as may be recorded with him. The register of deeds shall receive for such service the same fee as is provided by law for the recording of deeds.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17185 ;-- CL 1948, 765.23 ;-- Am. 1958, Act 122, Eff. Sept. 13, 1958
Former Law:
See section 4 of Act 17 of 1926.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.24 - Effect of Chapter on Certain Recognizances; Order Releasing Lien.

765.24 Effect of chapter on certain recognizances; order releasing lien.
Sec. 24.
Nothing in this chapter shall be construed as limiting or qualifying in any way the power of any such courts or any of the judges thereof to release any accused person upon his personal recognizance, or upon a recognizance executed by a surety in accordance with the provisions of Act No. 229 of the Public Acts of 1923, or upon the deposit with the clerk of such court of any cash bail or other security in accordance with the provisions of section 6 of Act No. 369, of the Public Acts of 1919. Whenever such surety deposits with the clerk of such court the penal amount of such recognizance in cash or in other security satisfactory to such court, an order shall issue releasing the lien on the real estate. Nothing in this act shall be construed as qualifying or in any way changing the usual and legal and existing procedure of collecting upon forfeited recognizances, as provided by law.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17186 ;-- CL 1948, 765.24
Compiler's Notes:
For provisions of Act 229 of 1923, referred to in this section, see MCL 550.101. For provisions of section 6 of Act 369 of 1919, referred to in this section, see § 725.6.
Former Law:
See section 5 of Act 17 of 1926.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.25 - Perjury in Affidavit of Justification; Penalty.

765.25 Perjury in affidavit of justification; penalty.
Sec. 25.
Any surety who shall swear falsely to any of the material facts set up in his affidavit of justification shall be deemed guilty of perjury and upon conviction thereof, shall be punished in accordance with the law in such case made and provided.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17187 ;-- CL 1948, 765.25
Former Law:
See section 6 of Act 17 of 1926.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.26 - Release of Surety; Arrest or Detention of Accused; Mittimus.

765.26 Release of surety; arrest or detention of accused; mittimus.
Sec. 26.
(1) In all criminal cases where a person has entered into any recognizance for the personal appearance of another and such bail and surety afterwards desires to be relieved from responsibility, he or she may, with or without assistance, arrest or detain the accused and deliver him or her to any jail or to the sheriff of any county. In making the arrest or detainment, he or she is entitled to the assistance of any peace officer.
(2) The sheriff or keeper of any jail is authorized to receive the principal and detain him or her in jail until he or she is discharged. Upon delivery of his or her principal at the jail by the surety or his or her agent or any officer, the surety shall be released from the conditions of his or her recognizance.
(3) Whenever the prosecuting attorney of a county is satisfied that a person who has been recognized to appear for trial has absconded, or is about to abscond, and that his or her sureties or either of them have become worthless, or are about to dispose or have disposed of their property for the purpose of evading the payment or the obligation of such bond or recognizance or with intent to defraud their creditors, and that prosecuting attorney makes a satisfactory showing to this effect to the court having jurisdiction of that person, the court or judge shall promptly grant a mittimus to the sheriff or any peace officer of that county, commanding him or her forthwith to arrest the person so recognized and bring him or her before the officer issuing the mittimus and on the return of that mittimus may, after a hearing on the merits, order him or her to be recommitted to the county jail until such time as he or she gives additional and satisfactory sureties, or is otherwise discharged.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17188 ;-- CL 1948, 765.26 ;-- Am. 2002, Act 659, Eff. Apr. 1, 2003
Former Law:
See Act 98 of 1840, being CL 1857, § 6009; CL 1871, § 7877; How., § 9488; CL 1897, § 11872; CL 1915, § 15699; and Act 82 of 1877.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.27 - Action on Recognizance; Technicality as Bar.

765.27 Action on recognizance; technicality as bar.
Sec. 27.
No action brought upon any recognizance entered into in any criminal prosecution, either to appear and answer, or to testify in any court, shall be barred or defeated nor shall judgment thereon be arrested, by reason of any neglect or omission to note or record the default of any principal or surety at the time when such default shall happen, nor by reason of any defect in the form of the recognizance, if it sufficiently appear, from the tenor thereof, at what court the party or witness was bound to appear, and that the court or a magistrate before whom it was taken was authorized by law to require and take such recognizance.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17189 ;-- CL 1948, 765.27
Former Law:
See section 32 of Ch. 163 of R.S. 1846, being CL 1857, § 6008; CL 1871, § 7874; How., § 9485; CL 1897, § 11869; and CL 1915, § 15696.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.28 - Failure to Appear; Notice to Surety; Service; Judgment; Execution; Set Aside of Forfeiture Order; Discharge of Bail or Surety Bond; Conditions.

765.28 Failure to appear; notice to surety; service; judgment; execution; set aside of forfeiture order; discharge of bail or surety bond; conditions.
Sec. 28.
(1) If a defendant fails to appear, within 7 days after the date of the failure to appear the court shall serve each surety notice of the failure to appear. The notice must be served upon each surety in person, left at the surety's last known business address, electronically mailed to an electronic mail address provided to the court by the surety, or mailed by first-class mail to the surety's last known business address. However, if the notice is served by first-class mail, it must be mailed separately from the notice of intent to enter judgment. Each surety must be given an opportunity to appear before the court on a day certain and show cause why judgment should not be entered against the surety for the full amount of the bail or surety bond. If good cause is not shown for the defendant's failure to appear, the court shall enter judgment against the surety on the recognizance for an amount determined appropriate by the court but not more than the full amount of the bail, or if a surety bond has been posted the full amount of the surety bond. If the amount of a forfeited surety bond is less than the full amount of the bail, the defendant shall continue to be liable to the court for the difference, unless otherwise ordered by the court. Execution must be awarded and executed upon the judgment in the manner provided for in personal actions.
(2) Except as provided in subsection (3), the court shall set aside the forfeiture and discharge the bail or surety bond within year from the date of forfeiture judgment if the defendant has been apprehended, the ends of justice have not been thwarted, and the county has been repaid its costs for apprehending the person. If the bond or bail is discharged, the court shall enter an order to that effect with a statement of the amount to be returned to the surety.
(3) Subsection (2) does not apply if the defendant was apprehended more than 56 days after the bail or bond was ordered forfeited and judgment entered and the surety did not fully pay the forfeiture judgment within that 56-day period.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17190 ;-- CL 1948, 765.28 ;-- Am. 2002, Act 659, Eff. Apr. 1, 2003 ;-- Am. 2004, Act 332, Imd. Eff. Sept. 23, 2004 ;-- Am. 2017, Act 174, Eff. Feb. 19, 2018
Compiler's Notes:
In subsection (2), the words “within year from the date of forfeiture judgment” evidently should read “within 1 year from the date of forfeiture judgment.”
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.29 - Witness in Criminal Case; Necessity of Giving Bail for Appearance.

765.29 Witness in criminal case; necessity of giving bail for appearance.
Sec. 29.
A witness in a criminal case need not give bail for his or her appearance as a witness unless required to do so by the order of a judge of a court of record as provided in section 35 of chapter 7.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17191 ;-- CL 1948, 765.29 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See sections 19 and 22 of Ch. 163 of R.S. 1846, being CL 1857, §§ 5995 and 5998; CL 1871, §§ 7861 and 7864; How., §§ 9472 and 9476; CL 1897, §§ 11856 and 11859; CL 1915, §§ 15683 and 15686; Act 77 of 1871; Act 302 of 1925; Act 177 of 1875, being How., § 9453; CL 1897, § 11817; CL 1915, § 15644; and Act 141 of 1879.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.30 - Minor or Material Witness; Recognizance.

765.30 Minor or material witness; recognizance.
Sec. 30.
If a material witness in a criminal case is a minor, any other person may be allowed to recognize for the appearance of the minor.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17192 ;-- CL 1948, 765.30 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 21 of Ch. 163 of R.S. 1846, being CL 1857, § 5996; CL 1871, § 7863; How., § 9474; CL 1897, § 11858; and CL 1915, § 15685.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-V - Chapter V Bail (765.1...765.31) › Section 765.31 - Proceeding to Enforce Recognizance; Venue; Service of Process.

765.31 Proceeding to enforce recognizance; venue; service of process.
Sec. 31.
Any proceeding to enforce a recognizance taken, as provided in this act, may be brought in the county where the offense is charged to have been committed, and service of process issued in any such proceeding may be made upon the principal or surety or both anywhere in the state, by any person authorized to serve process issued from a court of record.
History:
Add. 1931, Act 309, Eff. Sept. 18, 1931 ;-- CL 1948, 765.31
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.1 - Right of State and Defendant to Prompt Examination and Determination; Authority of District Court Magistrate.

766.1 Right of state and defendant to prompt examination and determination; authority of district court magistrate.
Sec. 1.
The state and the defendant are entitled to a prompt examination and determination by the examining magistrate in all criminal causes and it is the duty of all courts and public officers having duties to perform in connection with an examination, to bring it to a final determination without delay except as necessary to secure to the defendant a fair and impartial examination. A district court magistrate appointed under chapter 85 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8501 to 600.8551, shall not preside at a preliminary examination or accept a plea of guilty or nolo contendere to an offense or impose a sentence except as otherwise authorized by section 8511(a), (b), or (c) of the revised judicature act of 1961, 1961 PA 236, MCL 600.8511.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17193 ;-- CL 1948, 766.1 ;-- Am. 2014, Act 123, Imd. Eff. May 20, 2014
Constitutionality:
There is no federal constitutional right to a preliminary examination or hearing in a criminal prosecution. The procedure is left to the states. In Michigan, the right is statutory. People v Johnson, 427 Mich 98; 398 NW2d 219 (1986).
Compiler's Notes:
Enacting section 1 of Act 123 of 2014 provides:"Enacting section 1. This amendatory act applies to cases in which the defendant is arraigned in district court or municipal court on or after January 1, 2015."
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.2, 766.3 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

766.2, 766.3 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Compiler's Notes:
The repealed sections pertained to examination on oath of complainant and witnesses.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.5 - Bail; Commitment to Jail; Release on Own Recognizance.

766.5 Bail; commitment to jail; release on own recognizance.
Sec. 5.
If it appears that a felony has been committed and that there is probable cause to believe that the accused is guilty thereof, and if the offense is bailable by the magistrate and the accused offers sufficient bail, it shall be taken and the prisoner discharged until trial. If sufficient bail is not offered or the offense is not bailable by the magistrate, the accused shall be committed to jail for trial. This section shall not prevent the magistrate from releasing the accused on his own recognizance where authorized by law.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17197 ;-- CL 1948, 766.5 ;-- Am. 1974, Act 63, Eff. May 1, 1974
Compiler's Notes:
Section 2 of Act 63 of 1974 provides:“Effective date.“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”
Former Law:
See section 18 of Ch. 163 of R.S. 1846, being CL 1857, § 5994; CL 1871, § 7860; How., § 9471; CL 1897, § 11855; and CL 1915, § 15682.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.6 - Associate Magistrate; Powers, Duties, Fees.

766.6 Associate magistrate; powers, duties, fees.
Sec. 6.
Any magistrate to whom complaint is made, or before whom any prisoner is brought, may associate with himself 1 or more other magistrates of the same county, and they may together execute the powers and duties conferred upon such magistrates respectively by this chapter, but no fees shall be taxed for such associates.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17198 ;-- CL 1948, 766.6
Former Law:
See section 24 of Ch. 163 of R.S. 1846, being CL 1857, § 6000; CL 1871, § 7866; How., § 9477; CL 1897, § 11861; and CL 1915, § 15688.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.7 - Adjournment, Continuance, or Delay of Preliminary Examination.

766.7 Adjournment, continuance, or delay of preliminary examination.
Sec. 7.
A magistrate may adjourn a preliminary examination for a felony to a place in the county as the magistrate determines is necessary. The defendant may in the meantime be committed either to the county jail or to the custody of the officer by whom he or she was arrested or to any other officer; or, unless the defendant is charged with treason or murder, the defendant may be admitted to bail. The defendant may waive the preliminary examination with the consent of the prosecuting attorney. An adjournment, continuance, or delay of a preliminary examination may be granted by a magistrate without the consent of the defendant or the prosecuting attorney for good cause shown. A magistrate may adjourn, continue, or delay the examination of any cause with the consent of the defendant and prosecuting attorney. An action on the part of the magistrate in adjourning or continuing any case does not cause the magistrate to lose jurisdiction of the case.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17199 ;-- CL 1948, 766.7 ;-- Am. 1974, Act 63, Eff. May 1, 1974 ;-- Am. 2014, Act 123, Imd. Eff. May 20, 2014
Compiler's Notes:
Section 2 of Act 63 of 1974 provides:“Effective date.“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”Enacting section 1 of Act 123 of 2014 provides:"Enacting section 1. This amendatory act applies to cases in which the defendant is arraigned in district court or municipal court on or after January 1, 2015."
Former Law:
See section 10 of Ch. 163 of R.S. 1846, being CL 1857, § 5986; CL 1871, § 7852; How., § 9463; CL 1897, § 11847; and CL 1915, § 15674.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.8 - Adjournment of Examination; Form of Commitment of Accused, Order for Re-Appearance.

766.8 Adjournment of examination; form of commitment of accused, order for re-appearance.
Sec. 8.
The person accused may be committed as provided in the preceding section, by the verbal order of the magistrate, or by a warrant under his hand, stating that he is committed for such further examination on a day to be named in the warrant; and on the day therein specified, he may be brought before the magistrate by his verbal order to the same officer by or to whose custody he was committed, or by an order in writing to a different officer.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17200 ;-- CL 1948, 766.8
Former Law:
See section 11 of Ch. 163 of R.S. 1846, being CL 1857, § 5987; CL 1871, § 7853; How., § 9464; CL 1897, § 11848; and CL 1915, § 15675.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.9 - Closure of Preliminary Examination.

766.9 Closure of preliminary examination.
Sec. 9.
(1) Upon the motion of any party, the examining magistrate may close to members of the general public the preliminary examination of a person charged with criminal sexual conduct in any degree, assault with intent to commit criminal sexual conduct, sodomy, gross indecency, or any other offense involving sexual misconduct if all of the following conditions are met:
(a) The magistrate determines that the need for protection of a victim, a witness, or the defendant outweighs the public's right of access to the examination.
(b) The denial of access to the examination is narrowly tailored to accommodate the interest being protected.
(c) The magistrate states on the record the specific reasons for his or her decision to close the examination to members of the general public.
(2) In determining whether closure of the preliminary examination is necessary to protect a victim or witness, the magistrate shall consider all of the following:
(a) The psychological condition of the victim or witness.
(b) The nature of the offense charged against the defendant.
(c) The desire of the victim or witness to have the examination closed to the public.
(3) The magistrate may close a preliminary examination to protect the right of a party to a fair trial only if both of the following apply:
(a) There is a substantial probability that the party's right to a fair trial will be prejudiced by publicity that closure would prevent.
(b) Reasonable alternatives to closure cannot adequately protect the party's right to a fair trial.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17201 ;-- CL 1948, 766.9 ;-- Am. 1988, Act 106, Eff. June 1, 1988
Former Law:
See Act 138 of 1895, being CL 1897, § 11873; and CL 1915, § 15700.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.10 - Exclusion of Persons From Examination; Witness Not Examined, Minor; Separation of Witnesses.

766.10 Exclusion of persons from examination; witness not examined, minor; separation of witnesses.
Sec. 10.
The magistrate while conducting such examination may exclude from the place of the examination all the witnesses who have not been examined; and he may also, if requested or if he sees cause, direct the witnesses whether for or against the prisoner, to be kept separate so that they cannot converse with each other until they shall have been examined. And such magistrate may in his discretion, also exclude from the place of examination any or all minors during the examination of such witnesses.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17202 ;-- CL 1948, 766.10
Former Law:
See section 15 of Ch. 163 of R.S. 1846, being CL 1857, § 5991; CL 1871, § 7857; How., § 9468; CL 1897, § 11852; CL 1915, § 15679; and Act 178 of 1885.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.11a - Testimony of Witness; Conduct by Telephonic, Voice, or Video Conferencing.

766.11a Testimony of witness; conduct by telephonic, voice, or video conferencing.
Sec. 11a.
On motion of either party, the magistrate shall permit the testimony of any witness, except the complaining witness, an alleged eyewitness, or a law enforcement officer to whom the defendant is alleged to have made an incriminating statement, to be conducted by means of telephonic, voice, or video conferencing. The testimony taken by video conferencing shall be admissible in any subsequent trial or hearing as otherwise permitted by law.
History:
Add. 2004, Act 20, Imd. Eff. Mar. 4, 2004 ;-- Am. 2014, Act 123, Imd. Eff. May 20, 2014
Compiler's Notes:
Enacting section 1 of Act 123 of 2014 provides:"Enacting section 1. This amendatory act applies to cases in which the defendant is arraigned in district court or municipal court on or after January 1, 2015."
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.11b - Rules of Evidence; Exception; Hearsay Testimony; "Controlled Substance" Defined.

766.11b Rules of evidence; exception; hearsay testimony; "controlled substance" defined.
Sec. 11b.
(1) The rules of evidence apply at the preliminary examination except that the following are not excluded by the rule against hearsay and shall be admissible at the preliminary examination without requiring the testimony of the author of the report, keeper of the records, or any additional foundation or authentication:
(a) A report of the results of properly performed drug analysis field testing to establish that the substance tested is a controlled substance.
(b) A certified copy of any written or electronic order, judgment, decree, docket entry, register of actions, or other record of any court or governmental agency of this state.
(c) A report other than a law enforcement report that is made or kept in the ordinary course of business.
(d) Except for the police investigative report, a report prepared by a law enforcement officer or other public agency. Reports permitted under this subdivision include, but are not limited to, a report of the findings of a technician of the division of the department of state police concerned with forensic science, a laboratory report, a medical report, a report of an arson investigator, and an autopsy report.
(2) The magistrate shall allow the prosecuting attorney or the defense to subpoena and call a witness from whom hearsay testimony was introduced under this section on a satisfactory showing to the magistrate that live testimony will be relevant to the magistrate's decision whether there is probable cause to believe that a felony has been committed and probable cause to believe that the defendant committed the felony.
(3) As used in this section, "controlled substance" means that term as defined under section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
History:
Add. 2007, Act 89, Eff. Dec. 29, 2007 ;-- Am. 2014, Act 123, Imd. Eff. May 20, 2014
Compiler's Notes:
Enacting section 1 of Act 123 of 2014 provides:"Enacting section 1. This amendatory act applies to cases in which the defendant is arraigned in district court or municipal court on or after January 1, 2015."
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.12 - Evidence for Defense; Examination, Cross-Examination of Witnesses.

766.12 Evidence for defense; examination, cross-examination of witnesses.
Sec. 12.
After the testimony in support of the prosecution has been given, the witnesses for the prisoner, if he have any, shall be sworn, examined and cross-examined and he may be assisted by counsel in such examination and in the cross-examination of the witnesses in support of the prosecution.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17204 ;-- CL 1948, 766.12
Former Law:
See section 14 of Ch. 163 of R.S. 1846, being CL 1857, § 5990; CL 1871, § 7856; How., § 9467; CL 1897, § 11851; and CL 1915, § 15678.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.13 - Discharge of Defendant or Reduction of Charge; Binding Defendant to Appear for Arraignment.

766.13 Discharge of defendant or reduction of charge; binding defendant to appear for arraignment.
Sec. 13.
If the magistrate determines at the conclusion of the preliminary examination that a felony has not been committed or that there is not probable cause for charging the defendant with committing a felony, the magistrate shall either discharge the defendant or reduce the charge to an offense that is not a felony. If the magistrate determines at the conclusion of the preliminary examination that a felony has been committed and that there is probable cause for charging the defendant with committing a felony, the magistrate shall forthwith bind the defendant to appear within 14 days for arraignment before the circuit court of that county, or the magistrate may conduct the circuit court arraignment as provided by court rule.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17205 ;-- CL 1948, 766.13 ;-- Am. 1974, Act 63, Eff. May 1, 1974 ;-- Am. 2014, Act 123, Imd. Eff. May 20, 2014
Compiler's Notes:
Section 2 of Act 63 of 1974 provides:“Effective date.“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”Enacting section 1 of Act 123 of 2014 provides:"Enacting section 1. This amendatory act applies to cases in which the defendant is arraigned in district court or municipal court on or after January 1, 2015."
Former Law:
See section 17 of Ch. 163 of R.S. 1846, being CL 1857, § 5993; CL 1871, § 7859; How., § 9470; CL 1897, § 11854; and CL 1915, § 15681.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.15a, 766.15b - Repealed. 1951, Act 170, Eff. Sept. 28, 1951.

766.15a, 766.15b Repealed. 1951, Act 170, Eff. Sept. 28, 1951.
Compiler's Notes:
The repealed sections provided for mental examination of any person charged with murder, and set penalty for failure of any clerk of court to notify state hospital commission as to fact of binding over of person charged with murder.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.15c - Repealed. 1966, Act 266, Eff. Mar. 10, 1967.

766.15c Repealed. 1966, Act 266, Eff. Mar. 10, 1967.
Compiler's Notes:
The repealed section provided for commitment to state hospital for criminally insane for life of one acquitted of murder by reason of insanity, subject to discharge by governor.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.15d - Repealed. 1951, Act 170, Eff. Sept. 28, 1951.

766.15d Repealed. 1951, Act 170, Eff. Sept. 28, 1951.
Compiler's Notes:
The repealed section defined psychiatrist under section providing for mental examination of persons charged with murder.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.16 - Default of Recognizance; Record; Procedure.

766.16 Default of recognizance; record; procedure.
Sec. 16.
If the person recognized according to the provisions of this chapter shall not appear before the magistrate at the time appointed for his further examination, the magistrate shall record the default, and shall certify the recognizance, with the record of such default, to the court to which the accused might otherwise have been held for trial, and the like proceedings shall be had thereon as upon the breach of the condition of a recognizance for appearance before such court.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17208 ;-- CL 1948, 766.16
Former Law:
See section 12 of Ch. 163 of R.S. 1846, being CL 1857, § 5988; CL 1871, § 7854; How., § 9465; CL 1897, § 11849; and CL 1915, § 15676.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.17 - Admission to Bail After Commitment to Jail; Discharge of Prisoner.

766.17 Admission to bail after commitment to jail; discharge of prisoner.
Sec. 17.
Whenever no sufficient bail is offered, and the prisoner is committed to jail, the magistrate before whom the examination was had, shall certify upon the mittimus issued by him, the sum for which bail was required, and if the prisoner shall offer sufficient bail for such sum to the clerk of the court wherein the prisoner was committed for trial, it shall be taken by said clerk and the prisoner shall be discharged.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17209 ;-- CL 1948, 766.17
Former Law:
See section 33 of Ch. 163 of R.S. 1846, being CL 1871, § 7875; How., § 9486; CL 1897, § 11870; CL 1915, § 15697; and Act 159 of 1859.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.18 - Admission to Bail After Commitment to Jail; Clerk of Court, Authority.

766.18 Admission to bail after commitment to jail; clerk of court, authority.
Sec. 18.
The clerk of the court to whom such bail is offered, is authorized and required to examine the person or persons offered for bail on oath as to their pecuniary responsibility, and if he shall be satisfied with the same, to take bail and certify and return the recognizance in the same manner and to the same effect as the magistrate might have done.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17210 ;-- CL 1948, 766.18
Former Law:
See section 34 of Ch. 163 of R.S. 1846, being CL 1871, § 7876; How., § 9487; CL 1897, § 11871; CL 1915, § 15698; and Act 159 of 1859 .
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VI - Chapter VI Examination of Offenders (766.1...766.22) › Section 766.19-766.22 - Repealed. 1994, Act 63, Eff. July 1, 1994.

766.19-766.22 Repealed. 1994, Act 63, Eff. July 1, 1994.
Compiler's Notes:
The repealed sections pertained to discharge of accused and recognizance in misdemeanor cases where injured party receives satisfaction.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96) › Section 767.1 - Courts of Record; Jurisdiction Over Prosecutions Upon Information.

767.1 Courts of record; jurisdiction over prosecutions upon information.
Sec. 1.
The several circuit courts of this state, the recorders' courts and any court of record having jurisdiction of criminal causes, shall possess and may exercise the same power and jurisdiction to hear, try and determine prosecutions upon informations for crimes, misdemeanors and offenses, to issue writs and process and do all other acts therein as they possess and may exercise in cases of like prosecutions upon indictments.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17215 ;-- CL 1948, 767.1
Former Law:
See sections 1 and 9 of Act 138 of 1859, being CL 1871, §§ 7937 and 7945; How., §§ 9548 and 9556; CL 1897, §§ 11933 and 11941; and CL 1915, §§ 15760 and 15768.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96) › Section 767.2 - Applicability of Indictment Laws to Informations.

767.2 Applicability of indictment laws to informations.
Sec. 2.
All provisions of the law applying to prosecutions upon indictments, to writs and process therein and the issuing and service thereof, to commitments, bail, motions, pleadings, trials, appeals and punishments, or the execution of any sentence, and to all other proceedings in cases of indictments whether in the court of original or appellate jurisdiction, shall, in the same manner and to the same extent as near as may be, be applied to informations and all prosecutions and proceedings thereon.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17216 ;-- CL 1948, 767.2
Former Law:
See section 4 of Act 138 of 1859, being CL 1871, § 7940; How., § 9551; CL 1897, § 11936; and CL 1915, § 15763.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96) › Section 767.4a - Proceedings Before Trial; Unlawful Use or Possession of Testimony, Exhibits or Proceedings; Exceptions, Penalty.

767.4a Proceedings before trial; unlawful use or possession of testimony, exhibits or proceedings; exceptions, penalty.
Sec. 4a.
It shall be unlawful for any person, firm or corporation to possess, use, publish, or make known to any other person any testimony, exhibits or secret proceedings obtained or used in connection with any grand jury inquiry conducted prior to the effective date of this act, except in the manner specifically provided herein, and also excepting any information heretofore disclosed before any investigating committee of the Congress of the United States or any agency of the federal government. Any person violating the provisions of this section shall be guilty of a felony.
History:
Add. 1951, Act 276, Eff. Sept. 28, 1951
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96) › Section 767.5 - Proceedings Before Trial; Failure of Witnesses to Appear or Answer Questions; Hearing, Penalty; Commutation or Suspension of Sentence.

767.5 Proceedings before trial; failure of witnesses to appear or answer questions; hearing, penalty; commutation or suspension of sentence.
Sec. 5.
Any witness neglecting or refusing to appear in response to such summons or to answer any questions which such judge may require as material to such inquiry, shall be deemed guilty of a contempt and after a public hearing in open court and conviction of such contempt, shall be punished by a fine not exceeding $1,000.00 or imprisonment in the county jail not exceeding 1 year or both at the discretion of the court: Provided, That if such witness after being so sentenced shall offer to appear before such judge to purge himself of such contempt, the judge shall cause such witness to be brought before him and, after examination of such witness, the judge may in his discretion commute or suspend the further execution of such sentence.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17219 ;-- CL 1948, 767.5 ;-- Am. 1949, Act 311, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 276, Eff. Sept. 28, 1951
Constitutionality:
This section, in regard to a contemnor appearing before a judge to purge himself and the discretion of the judge to commute or suspend further execution of a sentence, insofar as criminal contempt is concerned, constitutes an unconstitutional delegation by the legislature to the judicial branch of government of a power which exists only in the executive. People v Joseph, 384 Mich 24; 179 NW2d 383 (1970).
Former Law:
See section 3 of Act 196 of 1917.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96) › Section 767.5a - Disclosing Identity of Informant; Privileged and Confidential Communications.

767.5a Disclosing identity of informant; privileged and confidential communications.
Sec. 5a.
(1) a reporter or other person who is involved in the gathering or preparation of news for broadcast or publication shall not be required to disclose the identity of an informant, any unpublished information obtained from an informant, or any unpublished matter or documentation, in whatever manner recorded, relating to a communication with an informant, in any inquiry authorized by this act, except an inquiry for a crime punishable by imprisonment for life when it has been established that the information which is sought is essential to the purpose of the proceeding and that other available sources of the information have been exhausted.
(2) Any communications between attorneys and their clients, between members of the clergy and the members of their respective churches, and between physicians and their patients are hereby declared to be privileged and confidential when those communications were necessary to enable the attorneys, members of the clergy, or physicians to serve as such attorney, member of the clergy, or physician.
History:
Add. 1949, Act 311, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 276, Eff. Sept. 28, 1951 ;-- Am. 1986, Act 293, Imd. Eff. Dec. 22, 1986
Compiler's Notes:
At the beginning of subsection (1) of this section, “a” evidently should read “A”.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96) › Section 767.6 - Incriminating Answers of Witnesses; Order Granting Immunity; Use of Truthful Testimony or Other Information Against Witness in Criminal Case; Transcript; Applicability of Secrecy Provisions; Scope of Order.

767.6 Incriminating answers of witnesses; order granting immunity; use of truthful testimony or other information against witness in criminal case; transcript; applicability of secrecy provisions; scope of order.
Sec. 6.
(1) Upon inquiry, a witness shall not be required to answer any questions or be convicted for contempt upon refusal to do so If the answers might tend to incriminate him or her.
(2) Upon written motion by the prosecuting attorney or a duly authorized representative of the state in a proceeding described in section 3 of this chapter, the judge may enter a written order granting immunity to the witness. The order shall set forth verbatim the questions the witness refused to answer. A true copy of the motion and order shall be delivered to the witness before he or she answers the questions in the inquiry. The order granting immunity shall extend to all related questions which may be asked of the witness after entry of the order until the judge advises the witness that the immunity no longer applies.
(3) Truthful testimony compelled under the order granting immunity and any information derived directly or indirectly from that truthful testimony 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.
(4) All questions and the witness's answers shall be transcribed under the judge's direction. A true copy of the transcript, duly certified by the judge, shall be delivered to the witness as soon as practicable.
(5) The provisions for secrecy provided for in section 3 of this chapter apply to all copies of the motion, order, and transcript delivered to the witness. However, the witness may disclose that information to his or her attorney if his or her testimony or any information derived directly or indirectly from that testimony is used against the witness in violation of subsection (3).
(6) An order granting immunity does not extend beyond the scope of an inquiry described in this section or beyond the particular questions set forth in the motion, order, or transcript.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17220 ;-- CL 1948, 767.6 ;-- Am. 1949, Act 311, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 276, Eff. Sept. 28, 1951 ;-- Am. 1999, Act 250, Imd. Eff. Dec. 28, 1999
Former Law:
See section 4 of Act 196 of 1917.
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-VII - Chapter VII Grand Juries, Indictments, Informations and Proceedings Before Trial (767.1...767.96) › Section 767.6b - Public Accounting by Judge; Time, Filing.

767.6b Public accounting by judge; time, filing.
Sec. 6b.
Within 90 days after the termination of such inquiry, such judge shall file with the clerk of the court having jurisdiction a public accounting of all monies disbursed by him or disbursed at his direction.
History:
Add. 1951, Act 276, Eff. Sept. 28, 1951