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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.15d - Federal Law Enforcement Officer; Powers.

764.15d Federal law enforcement officer; powers.
Sec. 15d.
(1) A federal law enforcement officer may enforce state law to the same extent as a state or local officer only if all of the following conditions are met:
(a) The officer is authorized under federal law to arrest a person, with or without a warrant, for a violation of a federal statute.
(b) The officer is authorized by federal law to carry a firearm in the performance of his or her duties.
(c) One or more of the following apply:
(i) The officer possesses a state warrant for the arrest of the person for the commission of a felony.
(ii) The officer has received positive information from an authoritative source, in writing or by telegraph, telephone, teletype, radio, computer, or other means, that another federal law enforcement officer or a peace officer possesses a state warrant for the arrest of the person for the commission of a felony.
(iii) The officer is participating in a joint investigation conducted by a federal agency and a state or local law enforcement agency.
(iv) The officer is acting pursuant to the request of a state or local law enforcement officer or agency.
(v) The officer is responding to an emergency.
(2) Except as otherwise provided in subsection (3), a federal law enforcement officer who meets the requirements of subsection (1) has the privileges and immunities of a peace officer of this state.
(3) This section does not impose liability upon or require indemnification by the state or a local unit of government for an act performed by a federal law enforcement officer under this section.
(4) As used in this section:
(a) "Emergency" means a sudden or unexpected circumstance that requires immediate action to protect the health, safety, welfare, or property of an individual from actual or threatened harm or from an unlawful act.
(b) "Local unit of government" means a county, city, village, or township.
History:
Add. 1987, Act 256, Imd. Eff. Dec. 28, 1987 ;-- Am. 1999, Act 64, Eff. Oct. 1, 1999
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.15g - Determination That Person Arrested Is Parolee; Notice to Department of Corrections; Compliance.

764.15g Determination that person arrested is parolee; notice to department of corrections; compliance.
Sec. 15g.
(1) When a person is arrested and taken into custody with or without a warrant as allowed under this chapter, the peace officer who made the arrest, the law enforcement agency employing that officer, or a central dispatch service for the law enforcement agency shall promptly use the law enforcement information network to determine whether the person arrested is a parolee under the jurisdiction of the department of corrections. If the person arrested is a parolee, the peace officer who made the arrest, the law enforcement agency employing that officer, or a central dispatch service for the law enforcement agency shall promptly give to the department of corrections, by telephonic or electronic means, notice of all of the following:
(a) The identity of the person arrested.
(b) The fact that information in databases managed by the department of corrections and accessible by the law enforcement information network provides reason to believe the person arrested is a parolee under the jurisdiction of the department of corrections.
(c) The charge or charges for which the person was arrested.
(2) The requirement to give notice to the department of corrections under subsection (1) is complied with if the notice is transmitted to any of the following:
(a) The department by a central toll-free telephone number that is designated by the department for that purpose and that is in operation 24 hours a day and is posted in the department's database of information concerning the status of parolees.
(b) A parole agent serving the county where the arrest occurred.
(c) The supervisor of the parole office serving the county where the arrest occurred.
History:
Add. 2006, Act 543, Imd. Eff. Dec. 29, 2006
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.15h - Investigation of Financial Neglect, Abuse or Harm of a Vulnerable Adult or Elder Adult; Definitions.

764.15h Investigation of financial neglect, abuse or harm of a vulnerable adult or elder adult; definitions.
Sec. 15h.
(1) After responding to an incident involving alleged physical abuse of a vulnerable adult or elder adult, a peace officer may also investigate for financial neglect, abuse, or harm.
(2) As used in this section:
(a) "Elder adult" means an adult who is 65 years of age or older.
(b) "Vulnerable adult" means that term as defined in section 145m of the Michigan penal code, 1931 PA 328, MCL 750.145m.
History:
Add. 2018, Act 617, Eff. Mar. 28, 2019
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.16 - Arrest by Private Person; Situations.

764.16 Arrest by private person; situations.
Sec. 16.
A private person may make an arrest—in the following situations:
(a) For a felony committed in the private person's presence.
(b) If the person to be arrested has committed a felony although not in the private person's presence.
(c) If the private person is summoned by a peace officer to assist the officer in making an arrest.
(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17150 ;-- CL 1948, 764.16 ;-- Am. 1988, Act 19, Eff. June 1, 1988
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.17 - Arrest; Time.

764.17 Arrest; time.
Sec. 17.
An arrest may be made on any day at any time of the day or night.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17151 ;-- CL 1948, 764.17
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.18 - Arrest; Under Warrant; Duty of Officer.

764.18 Arrest; under warrant; duty of officer.
Sec. 18.
Where an arrest is made under a warrant, it shall not be necessary for the arresting officer personally to have the warrant in his possession but such officer must, if possible, inform the person arrested that there is a warrant for his arrest and, after the arrest is made, shall show such person said warrant if required, as soon as practicable.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17152 ;-- CL 1948, 764.18
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.19 - Arrest; Without Warrant; Officer, Duties; Return as Evidence.

764.19 Arrest; without warrant; officer, duties; return as evidence.
Sec. 19.
When arresting a person, without a warrant, the officer making the arrest shall inform the person arrested of his authority and the cause of the arrest, except when the person arrested is engaged in the commission of a criminal offense, or if he flees or if he forcibly resists arrest before the officer has time to inform him. The return of the officer making the arrest, endorsed upon the warrant upon which the accused person shall be subsequently held, affirming compliance with the provisions herein, shall be prima facie evidence of the fact in the trial of any criminal cause.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17153 ;-- CL 1948, 764.19
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.20 - Arrest; Private Persons, Duty.

764.20 Arrest; private persons, duty.
Sec. 20.
A private person, before making an arrest, shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, except when he is then engaged in the commission of a criminal offense, or if he flees or forcibly resists arrest before the person making the arrest has opportunity so to inform him.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17154 ;-- CL 1948, 764.20
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.21 - Right to Break Open Inner or Outer Door.

764.21 Right to break open inner or outer door.
Sec. 21.
A private person, when making an arrest for a felony committed in his or her presence, or a peace officer or federal law enforcement officer, when making an arrest with a warrant or when making a felony arrest without a warrant as authorized by law, may break open an inner or outer door of a building in which the person to be arrested is located or is reasonably believed to be located if, after announcing his or her purpose, he or she is refused admittance.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17155 ;-- CL 1948, 764.21 ;-- Am. 1987, Act 256, Imd. Eff. Dec. 28, 1987
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.22 - Right to Break Open Door or Window.

764.22 Right to break open door or window.
Sec. 22.
A peace officer, a federal law enforcement officer, or a private person who has lawfully entered a building for the purpose of making an arrest and is detained in the building, may break open a door or window of the building if necessary to escape from the building. A peace officer or federal law enforcement officer may break open a door or window of a building if necessary to liberate a person who lawfully entered the building for the purpose of making an arrest and is detained in the building.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17156 ;-- CL 1948, 764.22 ;-- Am. 1987, Act 256, Imd. Eff. Dec. 28, 1987
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.23 - Escape From Custody or From State Correctional Facility; Pursuit and Retaking or Arrest Without Warrant; Definition.

764.23 Escape from custody or from state correctional facility; pursuit and retaking or arrest without warrant; definition.
Sec. 23.
(1) If a person who has been lawfully arrested escapes or is rescued, the person from whose custody he or she escaped or was rescued may immediately pursue and retake him or her at any time and in any place within the state without a warrant.
(2) If a prisoner escapes from a state correctional facility, or willfully fails to remain within the extended limits of his or her confinement as prescribed in section 65a of 1953 PA 232, MCL 791.265a, the prisoner may be pursued and arrested, without a warrant, by a person who is either of the following:
(a) An employee of the department of corrections who is designated by the director of the department of corrections as having the authority to pursue and arrest escaped prisoners.
(b) An employee of a private vendor that operates a youth correctional facility under section 20g of 1953 PA 232, MCL 791.20g, if that employee meets the same criteria established by the director of the department of corrections for departmental employees described in subdivision (a).
(3) As used in this section, "state correctional facility" means any facility that houses prisoners committed to the jurisdiction of the department of corrections, including a prison, reformatory, camp, community corrections center, halfway house, resident home, or a youth correctional facility operated by the department of corrections or a private vendor under section 20g of 1953 PA 232, MCL 791.232.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17157 ;-- CL 1948, 764.23 ;-- Am. 1988, Act 137, Imd. Eff. June 1, 1988 ;-- Am. 1998, Act 511, Imd. Eff. Jan. 8, 1999
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.23a - Trespass Upon State Correctional Facility; Violation; Arrest Without Warrant; “State Correctional Facility” Defined.

764.23a Trespass upon state correctional facility; violation; arrest without warrant; “state correctional facility” defined.
Sec. 23a.
(1) A person who trespasses upon a state correctional facility in violation of section 552b of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.552b of the Michigan Compiled Laws, may be arrested without a warrant by any employee of the department of corrections whom the director of the department of corrections designates as having authority to arrest those persons.
(2) As used in this section, "state correctional facility" means a facility or institution that houses a prisoner population under the jurisdiction of the department of corrections. State correctional facility does not include a community corrections center or a community residential home.
History:
Add. 1996, Act 230, Eff. Jan. 1, 1997
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.24 - Arrest; Escape or Rescue; Means of Recapture.

764.24 Arrest; escape or rescue; means of recapture.
Sec. 24.
To retake the person escaping or rescued, the person pursuing may use the same means to retake as are authorized for an arrest.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17158 ;-- CL 1948, 764.24
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.25 - Arrest; Weapons and Articles on Prisoner; Seizure, Disposal.

764.25 Arrest; weapons and articles on prisoner; seizure, disposal.
Sec. 25.
Any person making an arrest shall take from the person arrested, all offensive weapons or incriminating articles which he may have about his person and must deliver them to the sheriff of the county, chief of police of the city or to the magistrate before whom he is taken.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17159 ;-- CL 1948, 764.25
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.25c - Repealed. 1983, Act 92, Eff. Mar. 29, 1984.

764.25c Repealed. 1983, Act 92, Eff. Mar. 29, 1984.
Compiler's Notes:
The repealed section pertained to the applicability of MCL 764.25a and 764.25b.
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.26 - Arrest; Rights of Alleged Felon.

764.26 Arrest; rights of alleged felon.
Sec. 26.
Every person charged with a felony shall, without unnecessary delay after his arrest, be taken before a magistrate or other judicial officer and, after being informed as to his rights, shall be given an opportunity publicly to make any statement and answer any questions regarding the charge that he may desire to answer.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17160 ;-- CL 1948, 764.26
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.26a - Dismissal of Charges Before Trial; Requirements; Receipt of Order.

764.26a Dismissal of charges before trial; requirements; receipt of order.
Sec. 26a.
(1) If an individual is arrested for any crime and the charge or charges are dismissed before trial, both of the following apply:
(a) The arrest record shall be removed from the internet criminal history access tool (ICHAT).
(b) If the prosecutor of the case agrees at any time after the case is dismissed, or if the prosecutor of the case or the judge of the court in which the case was filed does not object within 60 days from the date an order of dismissal was entered for cases in which the order of dismissal is entered after the effective date of the amendatory act that added this section, all of the following apply:
(i) The arrest record, all biometric data, and fingerprints shall be expunged or destroyed, or both, as appropriate.
(ii) Any entry concerning the charge shall be removed from LEIN.
(iii) Unless a DNA sample or profile, or both, is allowed or required to be retained by the department of state police under section 6 of the DNA identification profiling system act, 1990 PA 250, MCL 28.176, the DNA sample or profile, or both, obtained from the individual shall be expunged or destroyed.
(2) The department of state police shall comply with the requirements listed in subsection (1) upon receipt of an appropriate order of the district court or the circuit court.
History:
Add. 2018, Act 65, Eff. June 12, 2018
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.27 - Arrest of Child Less Than 18 Years of Age; Procedure.

764.27 Arrest of child less than 18 years of age; procedure.
Sec. 27.
Except as otherwise provided in section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606, if a child less than 18 years of age is arrested, with or without a warrant, the child must be taken immediately before the family division of circuit court of the county where the offense is alleged to have been committed, and the officer making the arrest shall immediately make and file, or cause to be made and filed, a petition against the child as provided in chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32. Except as otherwise provided in section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606, if during the pendency of a criminal case against a child in a court in this state it is ascertained that the child is less than 18 years of age, the court shall immediately transfer the case, together with all papers connected with the case, to the family division of circuit court of the county where the offense is alleged to have been committed. If a child 14 years of age or older is charged with a felony, the judge of probate, after investigation and examination and upon motion of the prosecuting attorney, may waive jurisdiction under section 4 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.4. If jurisdiction is waived, the child may be tried in the court having general criminal jurisdiction of the offense.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17161 ;-- Am. 1931, Act 309, Eff. Sept. 18, 1931 ;-- CL 1948, 764.27 ;-- Am. 1958, Act 212, Eff. Sept. 13, 1958 ;-- Am. 1972, Act 44, Imd. Eff. Feb. 19, 1972 ;-- Am. 1988, Act 67, Eff. Oct. 1, 1988 ;-- Am. 1996, Act 255, Eff. Jan. 1, 1997 ;-- Am. 1996, Act 418, Eff. Jan. 1, 1998 ;-- Am. 2019, Act 103, Eff. Oct. 1, 2021
Compiler's Notes:
Section 3 of Act 67 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 173 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”
Former Law:
See section 6 of Act 6 of 1907 (Ex. Sess.); Act 308 of 1915; CL 1915, § 2016; and Act 105 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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.28 - Failure of Person Under Recognizance or Appeal to Appear; Forfeiture; Issuing Process for Arrest of Appellant or Defendant.

764.28 Failure of person under recognizance or appeal to appear; forfeiture; issuing process for arrest of appellant or defendant.
Sec. 28.
If a person under recognizance on an appeal from a conviction and judgment of a magistrate does not appear according to the condition of the recognizance, and the recognizance is forfeited by reason of the breach of that condition, and the forfeiture is entered on the record by order of the court having jurisdiction of the case, that court may issue a capias or other process for the arrest of the appellant or defendant named in the recognizance, to bring the appellant or defendant before the court.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17162 ;-- CL 1948, 764.28 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 2 of Act 209 of 1861, being CL 1871, § 7962; How., § 9575; CL 1897, § 11959; and CL 1915, § 15832.
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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.29 - Fingerprints.

764.29 Fingerprints.
Sec. 29.
(1) At the time of arraignment of a person on a complaint for a felony or a misdemeanor punishable by imprisonment for more than 92 days, the magistrate shall examine the court file to determine if the person has had fingerprints taken as required by section 3 of Act No. 289 of the Public Acts of 1925, being section 28.243 of the Michigan Compiled Laws.
(2) If the person has not had his or her fingerprints taken prior to the time of arraignment for the felony or the misdemeanor punishable by imprisonment for more than 92 days, upon completion of the arraignment, the magistrate shall do either of the following:
(a) Order the person to submit himself or herself to the police agency that arrested or obtained the warrant for the arrest of the person so that the person's fingerprints can be taken.
(b) Order the person committed to the custody of the sheriff for the taking of the person's fingerprints.
History:
Add. 1986, Act 232, Eff. June 1, 1987
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 765.1 - Judges and District Court Magistrate Empowered to Let Accused Person to Bail; Recognizance for Appearance of Accused Person.

765.1 Judges and district court magistrate empowered to let accused person to bail; recognizance for appearance of accused person.
Sec. 1.
(1) A judge of the circuit court, of the recorder's court of the city of Detroit, of the traffic and ordinance division of the recorder's court of the city of Detroit, of the district court, and of a municipal court, and a district court magistrate, shall have power to let an accused person brought before the judge or district court magistrate to bail pursuant to section 15 of article 1 of the state constitution of 1963 .
(2) A recognizance for the appearance of an accused person may be taken and entered into by and before the clerks of the courts listed in subsection (1), subject to the direction of the court if the amount of bail has been set by the judge.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17163 ;-- CL 1948, 765.1 ;-- Am. 1951, Act 3, Imd. Eff. Mar. 6, 1951 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 26 of Ch. 163 of R.S. 1846, being CL 1857, § 6002; CL 1871, § 7868; How., § 9479; CL 1897, § 11863; CL 1915, § 15690; and Act 4 of 1858.
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 765.2 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

765.2 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Compiler's Notes:
The repealed section pertained to admission to bail.
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 765.3 - Judges Empowered to Permit Committed Prisoners to Post Bail; Notice to Prosecuting Attorney; Inquiry.

765.3 Judges empowered to permit committed prisoners to post bail; notice to prosecuting attorney; inquiry.
Sec. 3.
A judge of the circuit court, the recorder's court of the city of Detroit, the traffic and ordinance division of the recorder's court of the city of Detroit, the district court, or a municipal court, on application of a prisoner committed for a bailable offense, and after due notice to the prosecuting attorney for the county, may inquire into the case and permit the prisoner to post bail. Any person committed for not finding sureties to recognize for him or her also may be permitted to post bail by any of the judges listed in this section.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17165 ;-- CL 1948, 765.3 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 23 of Ch. 163 of R.S. 1846, being CL 1857, § 5999; CL 1871, § 7865; How., § 9476; CL 1897, § 11860; CL 1915, § 15687; and Act 134 of 1873.
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 765.4 - Admission to Bail; Procedure for Information, Same as Under Indictment.

765.4 Admission to bail; procedure for information, same as under indictment.
Sec. 4.
Any person who may, according to law, be committed to jail or become recognized or held to bail with sureties for his appearance in court to answer to any indictment may, in like manner so be committed to jail, or become recognized and held to bail for his appearance, to answer to any information or indictment as the case may be.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17166 ;-- CL 1948, 765.4
Former Law:
See section 5 of Act 138 of 1859, being CL 1871, § 7941; How., § 9552; CL 1897, § 11937; and CL 1915, § 15764.
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 765.5 - Admission to Bail; Persons Not Entitled.

765.5 Admission to bail; persons not entitled.
Sec. 5.
No person charged with treason or murder shall be admitted to bail if the proof of his guilt is evident or the presumption great.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17167 ;-- CL 1948, 765.5
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 765.6a - Cash Bond or Surety as Condition of Granting Application for Bail.

765.6a Cash bond or surety as condition of granting application for bail.
Sec. 6a.
Before granting an application for bail, a court shall require a cash bond or a surety other than the applicant if the applicant
(1) Is charged with a crime alleged to have occurred while on bail pursuant to a bond personally executed by him; or
(2) Has been twice convicted of a felony within the preceding 5 years.
History:
Add. 1974, Act 252, Imd. Eff. Aug. 1, 1974
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 765.6c - Bail; Cash Deposit; Use.

765.6c Bail; cash deposit; use.
Sec. 6c.
If a defendant for whom bail or bond is required personally fulfills that requirement by a cash deposit, the defendant shall be notified that upon the defendant's conviction the cash deposit may be used to collect a fine, costs, restitution, assessment, or other payment pursuant to section 15(2) of this chapter.
History:
Add. 1993, Act 343, Eff. May 1, 1994
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 765.6d - Release on Bail; Waiver of Extradition.

765.6d Release on bail; waiver of extradition.
Sec. 6d.
(1) Except as provided in subsection (2), the court may require an individual to sign a written waiver of extradition to this state before releasing the individual on bail under this chapter. If the individual fails to sign the waiver, the court may consider the failure in determining the amount of bail to be posted by the individual.
(2) The court shall require an individual charged with a crime for which bail may be denied under section 15 of article I of the state constitution of 1963 to sign a written waiver of extradition to this state before releasing the individual on bail under this chapter.
History:
Add. 2002, Act 583, Eff. Jan. 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-V - Chapter V Bail (765.1...765.31) › Section 765.6e - Detainment Period for Individual Arrested on Warrant That Originated in Another County; Exceptions.

765.6e Detainment period for individual arrested on warrant that originated in another county; exceptions.
Sec. 6e.
(1) Except in cases in which the person is alleged to have committed an assaultive crime or an offense involving domestic violence, a person who is detained on warrant of arrest in a county other than the county from which the warrant originated must be released from custody if the county from which the warrant originated does not make arrangements within 48 hours from the time the person was detained to pick the person up and does not in fact pick the person up within 72 hours after the time the person was detained. If a person is released from custody under this section, the releasing facility must contact the originating court and obtain a court date for the defendant to appear.
(2) As used in this section:
(a) "Assaultive crime" includes any of the following:
(i) A violation described in section 9a of chapter X.
(ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90g, not otherwise included in subparagraph (i).
(iii) A violation of section 110a, 136b, 234a, 234b, 234c, 349b, or 411h of the Michigan penal code, 1931 PA 328, MCL 750.110a, 750.136b, 750.234a, 750.234b, 750.234c, 750.349b, and 750.411h, or any other violent felony.
(iv) A violation of a law of another state or of a political subdivision of this state or of another state that substantially corresponds to a violation described in subparagraph (i), (ii), or (iii).
(b) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(c) "Violent felony" means that term as defined in section 36 of the corrections code of 1953, 1953 PA 232, MCL 791.236.
History:
Add. 2020, Act 394, Eff. Apr. 1, 2021 ;-- Am. 2023, Act 208, Eff. Feb. 13, 2024
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 765.7 - Permitting Defendant to Post Bail on Own Recognizance if Appeal Taken by or on Behalf of State; Exception.

765.7 Permitting defendant to post bail on own recognizance if appeal taken by or on behalf of state; exception.
Sec. 7.
If an appeal is taken by or on behalf of the people of the state of Michigan from a court of record, the defendant shall be permitted to post bail on his or her own recognizance, pending the prosecution and determination of the appeal, unless the trial court determines and certifies that the character of the offense, the respondent, and the questions involved in the appeal, render it advisable that bail be required.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17169 ;-- CL 1948, 765.7 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 3 of Act 159 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-V - Chapter V Bail (765.1...765.31) › Section 765.8 - Surety or Bail Posted by Attorney or Counselor Prohibited.

765.8 Surety or bail posted by attorney or counselor prohibited.
Sec. 8.
A practicing attorney or counselor shall not become a surety or post bail for the appearance of a person charged with a felony, a misdemeanor, or an ordinance violation. A surety or bail posted by an attorney or counselor in violation of this section, taken by a judge or other officer authorized by law to take a recognizance, is void.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17170 ;-- CL 1948, 765.8 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 75 of Chapter 1 of Act 314 of 1915, being CL 1915, § 12080; and section 1 of Act 61 of 1865, being CL 1871, § 5645; How., § 7196; CL 1897, § 1143.
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 765.9 - Surety; Person Acting in Same Capacity on Other Bond.

765.9 Surety; person acting in same capacity on other bond.
Sec. 9.
Any magistrate or judge of any court shall have authority in his discretion to refuse to accept as surety upon a bond any person who shall, at the time of so offering himself, be acting as surety on any other bond pending in his court.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17171 ;-- CL 1948, 765.9
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 765.10, 765.11 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

765.10, 765.11 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Compiler's Notes:
The repealed sections pertained to recognizance for offenses against municipal bylaws and ordinances, and to cash in lieu of bond.
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 765.12 - Deposit of Cash; Certified Check or Certain Securities in Lieu of Bond or Bail; Right.

765.12 Deposit of cash; certified check or certain securities in lieu of bond or bail; right.
Sec. 12.
In any criminal cause or proceeding where bond or bail of any character is required or permitted for any purpose, the party or parties required or permitted to furnish such bail or bond may deposit, in lieu thereof, in the manner herein provided, cash, certified check on any state or national bank in this state, obligations of the United States government negotiable by delivery or bonds of any municipality of this state negotiable by delivery, equal in amount to the amount of the bond or bail so required or permitted.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17174 ;-- CL 1948, 765.12
Former Law:
See section 1 of Act 332 of 1919.
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 765.12a - Money Collected in Addition to Bail or Bond Money; Disposition; Purpose.

765.12a Money collected in addition to bail or bond money; disposition; purpose.
Sec. 12a.
(1) A law enforcement agency that obtains bail or bond money from or on behalf of a person arrested pursuant to a warrant issued by a court may collect, in addition to the bail or bond money, an amount not more than $10.00 from the person arrested or from another person on behalf of the person arrested.
(2) A law enforcement agency collecting the amount of money under subsection (1) shall promptly deposit the money into an account created for that purpose in the treasury of the law enforcement agency's governing body.
(3) The money in the account created under subsection (2) may be expended by the governing body to defray the expense of receiving, depositing, and delivering bail or bond money.
History:
Add. 2002, Act 631, Imd. Eff. Dec. 23, 2002
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 765.13 - Depository; Receipt.

765.13 Depository; receipt.
Sec. 13.
Such cash, check or security shall be deposited with the clerk of the court, if under bond, or with the treasurer of the county, city, village or township within which the bail or bond is to be furnished or, in any case, with the state treasurer. Such treasurer or clerk shall accept such cash, check or security and deliver to the depositor thereof a receipt, in duplicate, reciting the fact and purpose of such deposit. In case such bail or bond be required after the office hours of the treasurer or clerk with whom the deposit should be made, such deposit may be made with the officer who has the function of approving the bond or bail or with the sheriff of the county or his deputy in charge of the county jail or sheriff's office, who shall accept the same, give duplicate receipts therefor and cause the cash, check or security to be delivered to the proper treasurer or clerk within 48 hours thereafter.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17175 ;-- CL 1948, 765.13 ;-- Am. 1970, Act 78, Imd. Eff. July 16, 1970
Former Law:
See section 4 of Act 332 of 1919.
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 765.14 - Deposit of Cash; Filing Duplicate Receipts in Court, Effect.

765.14 Deposit of cash; filing duplicate receipts in court, effect.
Sec. 14.
The filing of 1 of such duplicate receipts in the court in which such bond or bail is required or permitted to be filed shall have the same effect as the furnishing of such bond or bail and shall be taken and given effect by such court and its officers in lieu of such bond or bail.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17176 ;-- CL 1948, 765.14
Former Law:
See section 3 of Act 332 of 1919.
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 765.15 - Bail; Cash, Check, or Security; Disposition Upon Forfeiture or Discharge of Bond or Bail.

765.15 Bail; cash, check, or security; disposition upon forfeiture or discharge of bond or bail.
Sec. 15.
(1) If bond or bail is forfeited, the court shall enter an order upon its records directing the disposition of the cash, check, or security within 45 days of the order. The treasurer or clerk, upon presentation of a certified copy of such order, shall dispose of the cash, check, or security pursuant to the order. The court shall set aside the forfeiture and discharge the bail or bond, within 1 year from the time of the forfeiture judgment, in accordance with subsection (2) if the person who forfeited bond or bail is apprehended, the ends of justice have not been thwarted, and the county has been repaid its costs for apprehending the person.
(2) If bond or bail is discharged, the court shall enter an order with a statement of the amount to be returned to the depositor. If the court ordered the defendant to pay a fine, costs, restitution, assessment, or other payment, the court shall order the fine, costs, restitution, assessment, or other payment collected out of cash bond or bail personally deposited by the defendant under this chapter, and the cash bond or bail used for that purpose shall be allocated as provided in section 22 of chapter XV. Upon presentation of a certified copy of the order, the treasurer or clerk having the cash, check, or security shall pay or deliver it as provided in the order to the person named in the order or to that person's order.
(3) If the cash, check, or security is in the hands of the sheriff or any officer other than the treasurer or clerk, the officer holding it shall dispose of the cash, check, or security as the court orders upon presentation of a certified copy of the court's order.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17177 ;-- CL 1948, 765.15 ;-- Am. 1970, Act 78, Imd. Eff. July 16, 1970 ;-- Am. 1970, Act 226, Eff. Apr. 1, 1970 ;-- Am. 1993, Act 343, Eff. May 1, 1994
Former Law:
See section 4 of Act 332 of 1919.
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 765.16 - Subjection to Legal Process; Assignment.

765.16 Subjection to legal process; assignment.
Sec. 16.
Cash, checks or securities deposited hereunder shall not be subject to garnishment or attachment. No assignment thereof shall be valid unless it be in writing, signed by the depositor, before 2 witnesses, acknowledged before an officer having authority to take the acknowledgment of deeds, and specifically stating the desired disposition of the whole of the deposit. An assignment made before the order of the court directing the disposition of such cash, check or security shall be contingent upon the discharge of the same and shall not be valid or effective unless and until it is filed with the court having jurisdiction to discharge the bond or bail. No assignment made after the order of the court discharging such bail or bond shall be valid unless it is indorsed upon or attached to the certified copy of the discharge order presented to the treasurer, clerk or officer having custody of the cash, check or security. In case 1 or more assignments be filed with the court before the order discharging the bail or bond, the court shall, in the order, determine the persons to whom such cash shall be paid or securities delivered.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17178 ;-- CL 1948, 765.16 ;-- Am. 1970, Act 78, Imd. Eff. July 16, 1970
Former Law:
See section 4 of Act 332 of 1919.
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 765.17 - Deposit in Special Fund; Interest.

765.17 Deposit in special fund; interest.
Sec. 17.
Any cash or securities received by any treasurer or clerk under the provisions of this chapter shall be deposited in a special fund, or place of deposit subject to the order of the proper court. Any interest accumulating upon such fund shall be paid into the general fund or corresponding fund of the state, county, city, village or township according to the nature of the case or in accordance with the order of the proper court. When bonds or other securities are deposited the interest coupons shall not be detached therefrom but shall follow the disposition of the securities.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17179 ;-- CL 1948, 765.17 ;-- Am. 1970, Act 78, Imd. Eff. July 16, 1970
Former Law:
See section 5 of Act 332 of 1919.
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 765.18 - Deposit of Cash; Redemption Before Forfeiture by Substitution of Bond.

765.18 Deposit of cash; redemption before forfeiture by substitution of bond.
Sec. 18.
Any person, firm or corporation availing himself or itself of the provisions of this chapter may, at any time before forfeiture of the same, redeem any cash or securities so deposited by substituting the bond originally required or permitted.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17180 ;-- CL 1948, 765.18
Former Law:
See section 6 of Act 332 of 1919.
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 765.19 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

765.19 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Compiler's Notes:
The repealed section pertained to construction of act.
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 765.21 - Surety on Recognizance; Attachment of Lien; Record Notice of Lien, Form, Effect.

765.21 Surety on recognizance; attachment of lien; record notice of lien, form, effect.
Sec. 21.
Upon the execution of any recognizance in the usual form and an affidavit of justification containing a description of real estate there shall immediately attach to the said real estate, described in said affidavit of justification, a lien in favor of the people of the state of Michigan in the penal amount of the recognizance, which lien shall remain in full force and effect during the time that said recognizance remains effective, or until the further order of said court. Upon the acceptance by any of the judges of any such court of a recognizance in the usual form containing the above described affidavit of justification, and description of real estate, the said recognizance shall be immediately filed with the clerk of such court. The clerk of such court shall forthwith upon the filing with him of said recognizance, record with the register of deeds of the county in which said real estate is located, a notice of lien in writing in substantially the following form:
To Whom It May Concern:
TAKE NOTICE that the hereinafter described real estate located in the county of .................... has been pledged for the sum of ......................... dollars ($...............) to the people of the state of Michigan, by ........................ surety upon the recognizance of .............................. in a certain cause pending in ................................ court for the city of...........................................................
county
to-wit:
People of the state of Michigan, Plaintiff, vs.
Defendant, known and identified in said court as Cause No.
Description of Real Estate.
..
..
..
..
city
Clerk of the .............................. Court.
For the county of
Dated
Said notice of lien, when recorded, shall constitute notice to everyone that the real estate therein described has been pledged to the people of the state of Michigan as security for the performance of the conditions of a criminal recognizance, in the penal amount set forth in said recognizance.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17183 ;-- CL 1948, 765.21 ;-- Am. 1958, Act 122, Eff. Sept. 13, 1958
Former Law:
See section 2 of Act 17 of 1926.