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-XV - Chapter XV Fees (775.1...775.22) › Section 775.3 - Fees; Services of Constables; Additional Compensations.

775.3 Fees; services of constables; additional compensations.
Sec. 3.
A constable shall be allowed for serving a warrant or other process for the arrest of any person, issued by any magistrate or court, 50 cents; for traveling to make such service, going only, 15 cents per mile, and where an arrest has been made, 15 cents per mile return travel from the place of arrest to the place of return; for taking a prisoner to jail or to the house of correction, 15 cents per mile, going only; for serving a mittimus, 15 cents; serving a subpoena, 15 cents for each witness, and 15 cents per mile for the distance actually and necessarily traveled in going to make such service; for summoning a jury, 1 dollar; for attending the same, 1 dollar; for attending any court by order of the magistrate or officer before whom a trial or examination is being held, when not in charge of a jury, 2 dollars per day for each day and 1 dollar for each half day so actually attending. The board of supervisors of each county may allow such further compensation for the services of process and the expenses and trouble attending the same as they shall deem reasonable. For other services in criminal cases, for which no compensation is especially provided by law, such sum as the board of supervisors shall allow.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17473 ;-- Am. 1931, Act 309, Eff. Sept 18, 1931 ;-- CL 1948, 775.3
Former Law:
See section 3 of Ch. 169 of R.S. 1846, being CL 1857, § 5680; CL 1871, § 7479; How., § 9054; CL 1897, § 12005; CL 1915, § 15898; and Act 286 of 1881.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.4 - Fees; Services of Sheriff; Additional Compensations.

775.4 Fees; services of sheriff; additional compensations.
Sec. 4.
A sheriff shall be allowed for every person committed to jail, 35 cents; for every person discharged from jail, 35 cents; for taking a prisoner before a court for examination or to jail, 15 cents; for serving a subpoena, issued from a court of record, 15 cents for each witness and 10 cents for each copy of the same, and 15 cents a mile on the distance actually and necessarily traveled in going to make such service; for serving a warrant or performing any other duty which may be performed by a constable, the same fees as are allowed by law to a constable for such service. For other services not herein specially provided for, such sums as may be allowed by the board of supervisors.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17474 ;-- Am. 1931, Act 309, Eff. Sept. 18, 1931 ;-- CL 1948, 775.4
Former Law:
See section 5 of Ch. 169 of R.S. 1846, being CL 1857, § 5681; CL 1871, § 7480; How., § 9055; CL 1897, § 12006; CL 1915, § 15899; and Act 286 of 1881.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.5 - Repealed. 1990, Act 219, Imd. Eff. Oct. 8, 1990.

775.5 Repealed. 1990, Act 219, Imd. Eff. Oct. 8, 1990.
Compiler's Notes:
The repealed section pertained to fees for services of circuit court commissioner.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.6 - Fees; to Be County Charges.

775.6 Fees; to be county charges.
Sec. 6.
The fees hereinbefore in this chapter allowed for services, except those which are otherwise provided for by law, shall be county charges, and shall be audited by the board of supervisors of the county in which the services are rendered, and shall be paid in the same manner as other contingent charges of the county.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17476 ;-- CL 1948, 775.6
Former Law:
See section 6 of Ch. 169 of R.S. 1846, being CL 1857, § 5683; CL 1871, § 7482; How., § 9057; CL 1897, § 12008; and CL 1915, § 15901.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.7 - Expenses of Certain Witnesses for People; Order Directing Payment.

775.7 Expenses of certain witnesses for people; order directing payment.
Sec. 7.
Whenever any person shall attend any court of record as a witness in behalf of the people of this state, upon request of the public prosecutor, or upon subpoena, or by virtue of a recognizance for that purpose, and it shall appear that such person has come from any other state or territory of the United States, or from any foreign country or that such person is poor, the court may, by an order to be entered on its minutes, direct the county treasurer of the county in which the court may be sitting, to pay such witness such sum of money as shall seem reasonable for his expenses; and no fees shall be allowed or paid to witnesses on the part of the people in any criminal proceeding or prosecution except as is provided in this section and act.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17477 ;-- CL 1948, 775.7
Former Law:
See section 7 of Ch. 169 of R.S. 1846, being CL 1857, § 5684; CL 1871, § 7483; How., § 9058; CL 1897, § 12009; and CL 1915, § 15902.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.8 - Expenses of Certain Witnesses for People; Certified Copy of Order.

775.8 Expenses of certain witnesses for people; certified copy of order.
Sec. 8.
The clerk of the court by which such order shall be made, shall immediately make out and deliver a certified copy thereof to the person in whose favor the same is made, without any fee for such service.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17478 ;-- CL 1948, 775.8
Former Law:
See section 8 of Ch. 169 of R.S. 1846, being CL 1857, § 5685; CL 1871, § 7484; How., § 9059; CL 1897, § 12010; and CL 1915, § 15903.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.9 - Expenses of Certain Witnesses for People; Payment by County Treasurer.

775.9 Expenses of certain witnesses for people; payment by county treasurer.
Sec. 9.
Upon the production of such certified copy to the county treasurer, or as soon thereafter as he shall have sufficient moneys in his hands, he shall pay to the person authorized to receive the same, or to his order, the sum of money so directed to be paid, which shall be allowed to the treasurer in his accounts.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17479 ;-- CL 1948, 775.9
Former Law:
See section 9 of Ch. 169 of R.S. 1846, being CL 1857, § 5686; CL 1871, § 7485; How., § 9060; CL 1897, § 12011; and CL 1915, § 15904.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.10 - Fees; Prohibited as in Civil Cases.

775.10 Fees; prohibited as in civil cases.
Sec. 10.
The provisions of law prohibiting the taking of any fees for services in civil cases, other than such as are allowed by law, shall apply to the taking of fees in criminal cases beyond the amount allowed by law for such services.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17480 ;-- CL 1948, 775.10
Former Law:
See section 10 of Ch. 169 of R.S. 1846, being CL 1857, § 5687; CL 1871, § 7486; How., § 9061; CL 1897, § 12012; and CL 1915, § 15905.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.11 - Fees; Services of Prosecutor.

775.11 Fees; services of prosecutor.
Sec. 11.
In all criminal prosecutions where an indictment shall be found and judgment for costs against the defendant shall be rendered, there shall be taxed for the use of the county the following fees for the services of the prosecuting attorney, to-wit: For drawing an indictment, 2 dollars; for trying the cause, 4 dollars; for arguing each motion in arrest of judgment, or for a new trial, 2 dollars; for services where exceptions are taken by defendant, 2 dollars; for every discharge of the prosecution on the acknowledgment of satisfaction in such cases as are authorized by law, 2 dollars.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17481 ;-- CL 1948, 775.11
Former Law:
See section 11 of Ch. 169 of R.S. 1846, being CL 1857, § 5688; CL 1871, § 7487; How., § 9062; CL 1897, § 12013; and CL 1915, § 15906.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.12 - Repealed. 1978, Act 316, Imd. Eff. July 10, 1978.

775.12 Repealed. 1978, Act 316, Imd. Eff. July 10, 1978.
Compiler's Notes:
The repealed section pertained to prosecution at instance of private persons.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.13 - Witness for Prosecution; Fees; Law Enforcement Officer.

775.13 Witness for prosecution; fees; law enforcement officer.
Sec. 13.
(1) If a person attends court as a witness in behalf of the prosecution, upon the request of the prosecuting attorney, upon a subpoena, or because of a recognizance for that purpose, the witness shall be entitled to the following fees:
(a) For attending in a court of record, $12.00 for each day and $6.00 for each half day.
(b) For attending in a municipal court or upon an examination, $10.00 for each day and $5.00 for each half day.
(c) For traveling, 10 cents per mile in going to and returning from the place of attendance, estimated from the residence of the witness if within the state and if without the state, from the boundary line of this state which the witness passed in traveling to attend court.
(2) A law enforcement officer shall not receive a fee as a witness in behalf of the people of this state if the law enforcement officer is on duty at the time he or she attends court nor shall the officer receive compensation in going to the place of attendance unless traveling to the court at the officer's own expense.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17483 ;-- CL 1948, 775.13 ;-- Am. 1952, Act 108, Eff. Sept. 18, 1952 ;-- Am. 1955, Act 67, Imd. Eff. May 24, 1955 ;-- Am. 1963, Act 132, Eff. Sept. 6, 1963 ;-- Am. 1966, Act 17, Eff. Jan. 1, 1967 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 2 of Act 77 of 1849, being CL 1857, § 5690; CL 1871, § 7489; How., § 9064; CL 1897, § 12015; CL 1915, § 15908; Act 192 of 1875; and Act 253 of 1923.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.13a - Expert Witness; Compensation.

775.13a Expert witness; compensation.
Sec. 13a.
If a person attends a court as a witness in a felony, misdemeanor, or ordinance violation case upon the request of the prosecuting attorney or defendant by virtue of a recognizance or subpoena for that purpose, whether at the trial of the case or other proceeding in the case, to testify as an expert witness, the person may be paid as compensation for the service a sum in excess of the ordinary witness fees provided by law. The sum to be awarded shall be determined by the judge before whom the witness appears.
History:
Add. 1966, Act 148, Eff. Mar. 10, 1967 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.14 - Witness for Prosecution; Proving Attendance and Travel; Order.

775.14 Witness for prosecution; proving attendance and travel; order.
Sec. 14.
A witness entitled to a fee under section 13 of this chapter shall prove his or her attendance and travel in open court before the clerk of the court. An order from the clerk of the court shall authorize the payment of the witness fee to the witness in the same manner as the fee of a juror attending the court is paid.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17484 ;-- CL 1948, 775.14 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 3 of Act 77 of 1849, being CL 1857, § 5689; CL 1871, § 7488; How., § 9065; CL 1897, § 12016; CL 1915, § 15909; and Act 180 of 1887.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.15 - Accused Unable to Procure Witness; Subpoena, Fee.

775.15 Accused unable to procure witness; subpoena, fee.
Sec. 15.
If any person accused of any crime or misdemeanor, and about to be tried therefor in any court of record in this state, shall make it appear to the satisfaction of the judge presiding over the court wherein such trial is to be had, by his own oath, or otherwise, that there is a material witness in his favor within the jurisdiction of the court, without whose testimony he cannot safely proceed to a trial, giving the name and place of residence of such witness, and that such accused person is poor and has not and cannot obtain the means to procure the attendance of such witness at the place of trial, the judge in his discretion may, at a time when the prosecuting officer of the county is present, make an order that a subpoena be issued from such court for such witness in his favor, and that it be served by the proper officer of the court. And it shall be the duty of such officer to serve such subpoena, and of the witness or witnesses named therein to attend the trial, and the officer serving such subpoena shall be paid therefor, and the witness therein named shall be paid for attending such trial, in the same manner as if such witness or witnesses had been subpoenaed in behalf of the people.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17485 ;-- CL 1948, 775.15
Former Law:
See Act 226 of 1849, being CL 1857, § 5693; CL 1871, § 7492; How., § 9067; CL 1897, § 12017; CL 1915, § 15911; and Act 24 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-XV - Chapter XV Fees (775.1...775.22) › Section 775.16 - Appointment of Counsel Under Michigan Indigent Defense Commission Act.

775.16 Appointment of counsel under Michigan indigent defense commission act.
Sec. 16.
When a person charged with having committed a crime appears before a magistrate without counsel, the person shall be advised of his or her right to have counsel appointed. If the person states that he or she is unable to procure counsel, the magistrate shall appoint counsel, if the person is eligible for appointed counsel under the Michigan indigent defense commission act.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17486 ;-- CL 1948, 775.16 ;-- Am. 1957, Act 256, Eff. Sept. 27, 1957 ;-- Am. 1963, Act 132, Eff. Sept. 6, 1963 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 2013, Act 94, Imd. Eff. July 1, 2013
Former Law:
See section 1 of Act 109 of 1857, being CL 1857, § 5675; CL 1871, § 7471; How., § 9046; CL 1897, § 12018; CL 1915, § 15912; Act 96 of 1893; and Act 23 of 1911.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.17 - Accused Unable to Procure Counsel; Attorney, Duty; Enlarged Compensation.

775.17 Accused unable to procure counsel; attorney, duty; enlarged compensation.
Sec. 17.
An attorney shall not, in such case, be compelled to follow a case into another county or into the supreme court, but if he does so, may recover an enlarged compensation to be fixed by the court.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17487 ;-- CL 1948, 775.17
Former Law:
See section 2 of Act 109 of 1857, being CL 1857, § 5676; CL 1871, § 7472; How., § 9047; CL 1897, § 12019; and CL 1915, § 15913.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.18 - Accused Unable to Procure Counsel; Number of Attorneys; Affidavit.

775.18 Accused unable to procure counsel; number of attorneys; affidavit.
Sec. 18.
Only 1 attorney in any 1 case shall receive the compensation above contemplated, nor shall he be entitled to this compensation until he files his affidavit in the office of the county clerk, in which such trial or proceedings may be had, that he has not, directly or indirectly, received any compensation for such services from any other source.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17488 ;-- CL 1948, 775.18
Former Law:
See section 3 of Act 109 of 1857, being CL 1857, § 5677; CL 1871, § 7473; How., § 9048; CL 1897, § 12020; and CL 1915, § 15914.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.19 - Interpreter; Compensation; Certificate.

775.19 Interpreter; compensation; certificate.
Sec. 19.
Except as provided in the deaf persons' interpreter act, if a person attends a court as an interpreter for the purpose of interpreting the testimony of a witness given in behalf of the prosecution, or for the purpose of translating or interpreting a writing or document introduced or used in a court in behalf of the prosecution, either upon the request of the prosecuting attorney or by appointment of the court pursuant to section 19a of this chapter, the person shall receive compensation as ordered by the court. The compensation for an interpreter in the municipal court shall not exceed $25.00 for each day and $15.00 for each half day actually employed. The certificate of the clerk of the court of record stating the amount ordered to be paid by the court, shall authorize the payment of compensation for the interpreter in the same manner as a witness fee is paid to a witness.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17489 ;-- CL 1948, 775.19 ;-- Am. 1955, Act 27, Imd. Eff. Apr. 13, 1955 ;-- Am. 1957, Act 11, Eff. Sept. 27, 1957 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 1982, Act 203, Imd. Eff. July 1, 1982
Former Law:
See Act 134 of 1915, being CL 1915, § 15915.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.19a - Appointment of Interpreter; Compensation.

775.19a Appointment of interpreter; compensation.
Sec. 19a.
If an accused person is about to be examined or tried and it appears to the judge that the person is incapable of adequately understanding the charge or presenting a defense to the charge because of a lack of ability to understand or speak the English language, the inability to adequately communicate by reason of being mute, or because the person suffers from a speech defect or other physical defect which impairs the person in maintaining his or her rights in the case, the judge shall appoint a qualified person to act as an interpreter. Except as provided in the deaf persons' interpreter act, the interpreter shall be compensated for his or her services in the same amount and manner as is provided for interpreters in section 19 of this chapter.
History:
Add. 1955, Act 27, Imd. Eff. Apr. 13, 1955 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 1982, Act 203, Imd. Eff. July 1, 1982 ;-- Am. 1998, Act 49, Imd. Eff. Mar. 30, 1998
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.20 - Expenses of Prosecution for Malfeasance in State Office; Payment.

775.20 Expenses of prosecution for malfeasance in state office; payment.
Sec. 20.
The expenses of all prosecutions against persons holding or who may have held any state office, for malfeasance in office, shall be paid from the general fund, by the state treasurer, and the board of state auditors are hereby authorized and empowered to allow all just and legal claims for such prosecutions, and this section shall be deemed to apply to the expenses of any prosecutions already commenced, as well as to any which may occur in the future.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17490 ;-- CL 1948, 775.20
Former Law:
See Act 223 of 1861, being CL 1871, § 376; How., § 342; CL 1897, § 12021; CL 1915, § 15916; and Act 260 of 1909.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.21 - Proceeding Instituted by Attorney General; Costs, Payment by State.

775.21 Proceeding instituted by attorney general; costs, payment by state.
Sec. 21.
Whenever the attorney general shall institute criminal proceedings in any county in this state, all costs incurred in such proceedings, except the pay of circuit judges, prosecuting attorneys, and circuit court stenographers, may be paid by the state with the approval of the state administrative board.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17491 ;-- CL 1948, 775.21
Former Law:
See Act 271 of 1923.
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-XV - Chapter XV Fees (775.1...775.22) › Section 775.22 - Allocation and Application of Money Collected; “Victim Payment” Defined.

775.22 Allocation and application of money collected; “victim payment” defined.
Sec. 22.
(1) If a person is subject to any combination of fines, costs, restitution, assessments, probation or parole supervision fees, or other payments arising out of the same criminal proceeding, money collected from that person for the payment of fines, costs, restitution, assessments, probation or parole supervision fees, or other payments shall be allocated as provided in this section.
(2) Except as otherwise provided in this subsection, if a person is subject to payment of victim payments and any combination of other fines, costs, assessments, probation or parole supervision fees, or other payments, 50% of all money collected from that person shall be applied to payment of victim payments, and the balance shall be applied to payment of fines, costs, supervision fees, and other assessments or payments. If any fines, costs, supervision fees, or other assessments or payments remain unpaid after all of the victim payments have been paid, any additional money collected shall be applied to payment of those fines, costs, supervision fees, or other assessments or payments. If any victim payments remain unpaid after all of the fines, costs, supervision fees, or other assessments or payments have been paid, any additional money collected shall be applied toward payment of those victim payments.
(3) In cases involving prosecutions for violations of state law, money allocated under subsection (2) for payment of fines, costs, probation and parole supervision fees, and assessments or payments other than victim payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j of chapter IX.
(b) Payment of other costs.
(c) Payment of fines.
(d) Payment of probation or parole supervision fees.
(e) Payment of assessments and other payments.
(4) In cases involving prosecutions for violations of local ordinances, money allocated under subsection (2) for payment of fines, costs, and assessments or payments other than victim payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j of chapter IX.
(b) Payment of fines and other costs.
(c) Payment of assessments and other payments.
(5) As used in this section, "victim payment" means restitution ordered to be paid to the victim or the victim's estate, but not to a person who reimbursed the victim for his or her loss, or an assessment ordered under section 5 of 1989 PA 196, MCL 780.905.
History:
Add. 1993, Act 343, Eff. May 1, 1994 ;-- Am. 2003, Act 102, Eff. Oct. 1, 2003
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.1-776.5 - Repealed. 1966, Act 189, Eff. Mar. 10, 1967.

776.1-776.5 Repealed. 1966, Act 189, Eff. Mar. 10, 1967.
Compiler's Notes:
The repealed sections pertained to issuance and contents of search warrants and to custody and disposal of seized property.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.6 - Extradition; Agent to Demand Certain Persons From Another State or Government; Appointment; Payment of Accounts.

776.6 Extradition; agent to demand certain persons from another state or government; appointment; payment of accounts.
Sec. 6.
The governor of this state may in any case authorized by the constitution and laws of the United States, appoint agents to demand of the executive authority of any other state or territory, or from the executive authority of any foreign government, any fugitive from justice or any person charged with treason; and the accounts of the agents appointed for that purpose shall, unless otherwise directed by the governor, be audited by the state treasurer and paid out of the state treasury.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17496 ;-- CL 1948, 776.6 ;-- Am. 2002, Act 88, Imd. Eff. Mar. 26, 2002
Former Law:
See section 6 of Ch. 170 of R.S. 1846, being CL 1857, § 6119; CL 1871, § 8004; How., § 9620; CL 1897, § 11991; CL 1915, § 15884; and Act 1 of 1853.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.7 - Extradition; Demand for Certain Persons by Another State; Warrant to Sheriff, Examination, Attorney General's Report.

776.7 Extradition; demand for certain persons by another state; warrant to sheriff, examination, attorney general's report.
Sec. 7.
Whenever a demand shall be made upon the governor of this state by the governor of any other state or territory in any case authorized by the constitution and laws of the United States for the delivery over of any person charged in such state or territory with treason, felony or any other crime and there shall be produced with such demand a copy of the indictment found or information filed, or affidavit or complaint made before a magistrate of the state or territory demanding, charging the person so demanded with having committed treason, felony, or other crime within such state or territory, duly certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled, with due proof of the fleeing, it shall be the duty of the governor of this state to issue an order or warrant to the sheriff of the county in which such person so charged may be found, commanding him to forthwith arrest such alleged fugitive and to deliver him to the duly authorized agent appointed by the executive authority making such demand to receive him and remove him to the proper place for prosecution. But the sheriff, while the alleged fugitive is in his custody and before delivering him up to the agent of the demanding state, shall afford him every facility to enable him to have a judicial examination if he desires it, by habeas corpus or otherwise, to ascertain whether the demand and arrest have been made conformably to the requirements of law so that such person if he ought not to be delivered may be duly discharged, and the attorney general when required by the governor shall forthwith investigate the grounds of demand and report to the governor all material facts, which may come to his knowledge, as to the situation and circumstances of the person so demanded, and especially whether he is held in custody or is under recognizance to answer for any offense against the laws of this state, or of the United States or by virtue of any civil process, and also whether such demand was made conformably to law, so that such person ought not to be delivered up.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17497 ;-- CL 1948, 776.7
Former Law:
See section 7 of Ch. 170 of R.S. 1846, being CL 1857, § 6120; CL 1871, § 8005; How., § 9621; CL 1897, § 11992; CL 1915, § 15885; and Act 235 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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.8 - Extradition; Warrant to Agent; Issuance, Contents.

776.8 Extradition; warrant to agent; issuance, contents.
Sec. 8.
If the governor shall be satisfied that the demand is conformable to law, and ought to be complied with, he shall issue his warrant, under the seal of the state, authorizing the agents who make such demand, either forthwith or at such time as shall be designated in the warrant, to take and transport such person to the line of this state, at the expense of such agents, and shall also by such warrant require the civil officers within this state to afford all needful assistance in the execution thereof.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17498 ;-- CL 1948, 776.8
Former Law:
See section 8 of Ch. 170 of R.S. 1846, being CL 1857, § 6124; CL 1871, § 8006; How., § 9622; CL 1897, § 11993; and CL 1915, § 15886.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.9 - Extradition; Persons Liable To; Complaint, Warrant.

776.9 Extradition; persons liable to; complaint, warrant.
Sec. 9.
Whenever any person shall be found within this state charged with any offense committed in any other state or territory and liable by the constitution and laws of the United States to be delivered over upon the demand of the governor of such other state or territory, any court or magistrate authorized to issue warrants in criminal cases, may upon complaint on oath setting forth the offense, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the same or some other court or magistrate, within this state, to answer to such complaint as in other cases.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17499 ;-- CL 1948, 776.9
Former Law:
See section 9 of Ch. 170 of R.S. 1846, being CL 1857, § 6125; CL 1871, § 8007; How., § 9623; CL 1897, § 11994; and CL 1915, § 15887.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.10 - Extradition; Examination, Recognizance.

776.10 Extradition; examination, recognizance.
Sec. 10.
If, upon the examination of the person charged, it shall appear to the court or magistrate that there is reasonable cause to believe that the complaint is true, and that such person may be lawfully demanded of the governor, he shall if not charged with a capital crime, or with murder in the first degree, be required to recognize, with sufficient sureties, in a reasonable sum, to appear before such court or magistrate at a future day, allowing a reasonable time to obtain the warrant of the governor, and to abide the order of such court or magistrate in the premises.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17500 ;-- CL 1948, 776.10
Former Law:
See section 10 of Ch. 170 of R.S. 1846, being CL 1857, § 6126; CL 1871, § 8008; How., § 9624; CL 1897, § 11995; and CL 1915, § 15888.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.11 - Extradition; Failure or Inability to Recognize, Commitment, Default.

776.11 Extradition; failure or inability to recognize, commitment, default.
Sec. 11.
If such person shall not recognize, or if he shall be charged with a capital crime, or with the crime of murder in the first degree, he shall be committed to prison and there detained until such day in like manner as if the offense charged had been committed within this state; and if the person so recognizing shall fail to appear according to the condition of his recognizance, he shall be defaulted and the same proceedings shall be had as in the case of other recognizances entered into before such court or magistrate.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17501 ;-- CL 1948, 776.11
Former Law:
See section 11 of Ch. 170 of R.S. 1846, being CL 1857, § 6127; CL 1871, § 8009; How., § 9625; CL 1897, § 11996; and CL 1915, § 15889.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.12 - Extradition; Discharge, Delivery to Authorized Person, New Recognizance or Commitment.

776.12 Extradition; discharge, delivery to authorized person, new recognizance or commitment.
Sec. 12.
If the person so recognized or committed, shall appear before the court or magistrate upon the day ordered, he shall be discharged, unless he shall be demanded by some person authorized by the warrant of the governor to receive him, or unless the court or magistrate shall see cause to commit him, or to require him to recognize anew for his appearance at some other day; and if, when ordered, he shall not so recognize, he shall be committed and detained as before: Provided, That whether the person so charged shall be recognized, committed or discharged, any person authorized by the warrant of the governor may, at all times, take him into custody and the same shall be a discharge of the recognizance, if any, and shall not be deemed an escape.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17502 ;-- CL 1948, 776.12
Former Law:
See section 12 of Ch. 170 of R.S. 1846, being CL 1857, § 6128; CL 1871, § 8010; How., § 9626; CL 1897, § 11997; and CL 1915, § 15890.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.13 - Extradition; Complainant to Support Prisoner and Cost, Liability; Failure to Pay, Effect.

776.13 Extradition; complainant to support prisoner and cost, liability; failure to pay, effect.
Sec. 13.
The complainant in any such case shall be answerable for all the actual costs and charges and for the support in prison of any person so committed, to be paid weekly or otherwise as may be ordered by the court or magistrate; and if the charge for his support in prison shall not be so paid, the jailer may on the failure of the complainant discharge such person from his imprisonment.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17503 ;-- CL 1948, 776.13
Former Law:
See section 13 of Ch. 170 of R.S. 1846, being CL 1857, § 6129; CL 1871, § 8011; How., § 9627; CL 1897, § 11998; and CL 1915, § 15891.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.14 - Prosecuting Attorney; Right to Defend Person Charged With Crime in County.

776.14 Prosecuting attorney; right to defend person charged with crime in county.
Sec. 14.
It shall be unlawful for any prosecuting attorney of this state to defend or assist in the defense of any person charged with crime within the county of which he is prosecuting attorney.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17504 ;-- CL 1948, 776.14
Former Law:
See section 1 of Act 23 of 1897, being CL 1897, § 2565; and CL 1915, § 2414.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.15 - Prosecuting Attorney; Right to Defend Accused in Case Transferred From Another County; County Liable for Assistance in Prosecution.

776.15 Prosecuting attorney; right to defend accused in case transferred from another county; county liable for assistance in prosecution.
Sec. 15.
When any criminal cases commenced by the people of the state of Michigan within any county of this state shall be transferred to another county for trial for any reason whatsoever, the prosecuting attorney of the county to which said cause is transferred shall be prohibited from defending or assisting in the defense of the cause so transferred; and in case the prosecuting attorney of the county to which said cause is transferred shall be employed to assist in the prosecution of said cause, the county from which said cause was transferred shall pay such charges to such prosecuting attorney as the court may allow.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17505 ;-- CL 1948, 776.15
Former Law:
See section 2 of Act 23 of 1897, being CL 1897, § 2566; and CL 1915, § 2415.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.18 - Assistant; Right of Prosecutor to Procure; Compensation; Prohibition.

776.18 Assistant; right of prosecutor to procure; compensation; prohibition.
Sec. 18.
The prosecuting attorney may procure the assistance in the trial of any person charged with a felony as he or she considers necessary. The prosecuting attorney may appoint an assistant to perform his or her duties during a period when the prosecuting attorney is unable to perform those duties. An assistant appointed under this section shall be paid reasonable compensation as determined by the board of supervisors or the board of county auditors, as applicable, for those services. No person shall be employed or appointed as assistant prosecutor who is interested as an attorney or otherwise in a case involving the same facts or circumstances involved in a case to be conducted or tried by the assistant prosecutor or who has received any compensation from any person with an interest in those cases.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17508 ;-- CL 1948, 776.18 ;-- Am. 2012, Act 72, Imd. Eff. Apr. 6, 2012
Former Law:
See Act 195 of 1879, being How., § 560; CL 1897, § 2569; CL 1915, § 2418; and Act 258 of 1915.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.19 - Reward for Criminal or Escaped Prisoner; Authority to Offer and Pay.

776.19 Reward for criminal or escaped prisoner; authority to offer and pay.
Sec. 19.
(1) The board of commissioners of a county is authorized to offer and pay out of the general fund of the county a reward for the arrest and conviction, or for information leading to the arrest and conviction, of any person or persons having committed a crime within the county or having escaped from any penal institution within the county.
(2) The powers granted in this section may be exercised by the finance committee of the board of commissioners of a county when the board of commissioners of the county is not in session upon the request of a reward by the sheriff or the prosecuting attorney of the county.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17509 ;-- CL 1948, 776.19 ;-- Am. 2022, Act 114, Eff. Sept. 22, 2022
Former Law:
See section 2 of Act 156 of 1851, being CL 1857, § 336; CL 1871, § 468; How., § 474; and Act 262 of 1925.
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.20 - Firearms Violations; Burden of Establishing Exception.

776.20 Firearms violations; burden of establishing exception.
Sec. 20.
In any prosecution for the violation of any acts of the state relative to use, licensing and possession of pistols or firearms, the burden of establishing any exception, excuse, proviso or exemption contained in any such act shall be upon the defendant but this does not shift the burden of proof for the violation.
History:
Add. 1968, Act 299, Eff. Nov. 15, 1968
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.21 - “Law Enforcement Officer” and “Victim” Defined; Submitting Victim to Polygraph Examination or Lie Detector Test; Giving Polygraph Examination or Lie Detector Test to Defendant Upon Request.

776.21 “Law enforcement officer” and “victim” defined; submitting victim to polygraph examination or lie detector test; giving polygraph examination or lie detector test to defendant upon request.
Sec. 21.
(1) As used in this section:
(a) "Law enforcement officer" means a police officer of a county, city, village, township, or this state; a college or university public safety officer; a prosecuting attorney, assistant prosecuting attorney, or an investigator for the office of prosecuting attorney; or any other person whose duty is to enforce the laws of this state.
(b) "Victim" means a person who is a victim of a crime under sections 520b to 520e and 520g of Act No. 328 of the Public Acts of 1931, being sections 750.520b to 750.520e and 750.520g of the Michigan Compiled Laws.
(2) A law enforcement officer shall not request or order a victim to submit to a polygraph examination or lie detector test. A law enforcement officer shall not inform a victim of the option of taking a polygraph examination or lie detector test unless the victim inquires concerning such a test or as provided by subsection (3).
(3) A law enforcement officer shall inform the victim when the person accused of a crime specified in subsection (1)(b) has voluntarily submitted to a polygraphic examination or lie detector test and the test indicates that the person may not have committed the crime.
(4) Subsections (2) and (3) apply only to a polygraph examination or lie detector test which is requested, ordered, or given in regard to a person being a victim.
(5) A defendant who allegedly has committed a crime under sections 520b to 520e and 520g of Act No. 328 of the Public Acts of 1931, shall be given a polygraph examination or lie detector test if the defendant requests it.
History:
Add. 1980, Act 454, Eff. Mar. 31, 1981
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.21a - Recidivism Rates; Collection and Maintenance of Data; Manner.

776.21a Recidivism rates; collection and maintenance of data; manner.
Sec. 21a.
Any data collected and maintained under this act regarding recidivism rates must be collected and maintained in a manner that separates the data regarding technical probation violations and technical parole violations from data on new felony and misdemeanor convictions.
History:
Add. 2017, Act 2, Eff. June 29, 2017
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-XVI - Chapter XVI Miscellaneous Provisions (776.1...776.22) › Section 776.21b - Authority to Provide Certain Information to Domestic or Sexual Violence Service Provider Agency.

776.21b Authority to provide certain information to domestic or sexual violence service provider agency.
Sec. 21b.
(1) A police officer or a prosecuting attorney may provide a domestic or sexual violence service provider agency with the name, demographics, and other pertinent information of, and information to facilitate contact with, a victim of domestic or sexual violence for the purpose of offering supportive services to the victim. If a police officer or prosecuting attorney provides information to a domestic or sexual violence service provider agency under this section, that police officer or prosecuting attorney shall notify the victim of domestic or sexual violence that the information was provided.
(2) This section does not authorize the disclosure of a confidential address.
(3) The providing of information by a police officer or prosecutor under subsection (1) is in addition to any other requirement under law to provide notice or information to a victim of domestic or sexual violence, including, but not limited to, section 15c of chapter IV, section 3 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.753, and section 3 of the sexual assault victim's access to justice act, 2014 PA 319, MCL 752.953.
(4) As used in this section:
(a) "Confidential address" means that term as defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.
(b) "Domestic or sexual violence service provider agency" means an agency that receives funding from the department of health and human services division of victim services to provide confidential supportive services to victims of domestic or sexual violence, receives a federal grant through the United States Department of Justice to provide confidential supportive services to victims of domestic or sexual violence, or is associated with an Indian tribe and is providing confidential supportive services to victims of domestic or sexual violence.
History:
Add. 2023, Act 180, Eff. Feb. 13, 2024