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-II - Chapter II Courts (762.1...762.16) › Section 762.12 - Termination or Revocation as Youthful Trainee; Effect.

762.12 Termination or revocation as youthful trainee; effect.
Sec. 12.
(1) Subject to subsection (2), the court of record having jurisdiction over the criminal offense referred to in section 11 of this chapter may, at any time, terminate its consideration of the individual as a youthful trainee or, once having assigned the individual to the status of a youthful trainee, may at its discretion revoke that status any time before the individual's final release.
(2) If the court assigns an individual to youthful trainee status, the court shall revoke that status if the individual pleads guilty to or is convicted of any of the following during the period of assignment:
(a) A felony for which the maximum penalty is imprisonment for life.
(b) A major controlled substance offense.
(c) A violation, attempted violation, or conspiracy to violate section 82, 84, 88, 110a, 224f, 226, 227, 227a, 227b, 520b, 520c, 520d, 520e, 529a, or 530 of the Michigan penal code, 1931 PA 328, MCL 750.82, 750.84, 750.88, 750.110a, 750.224f, 750.226, 750.227, 750.227a, 750.227b, 750.520b, 750.520c, 750.520d, 750.520e, 750.529a, and 750.530, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.
(d) A violation, attempted violation, or conspiracy to violate section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g, with the intent to commit a violation of section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.
(e) A firearm offense. As used in this subdivision, "firearm offense" means a crime involving a firearm as that term is defined in section 1 of 1927 PA 372, MCL 28.421, whether or not the possession, use, transportation, or concealment of a firearm is an element of the crime.
(3) If an individual who is required to be registered under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, willfully violates that act, the court shall revoke the individual's status as a youthful trainee. Upon termination of consideration or revocation of status as a youthful trainee, the court may enter an adjudication of guilt and proceed as provided by law. If the status of youthful trainee is revoked, an adjudication of guilt is entered, and a sentence is imposed, the court in imposing sentence shall specifically grant credit against the sentence for time served as a youthful trainee in an institutional facility of the department of corrections or in a county jail.
History:
Add. 1966, Act 301, Eff. Jan. 1, 1967 ;-- Am. 1993, Act 293, Eff. Jan. 1, 1994 ;-- Am. 1994, Act 286, Eff. Oct. 1, 1995 ;-- Am. 2015, Act 32, Eff. Aug. 18, 2015
2023 Michigan Compiled Laws › Chapters 760 - 777 - Code of Criminal Procedure › Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69) › 175-1927-II - Chapter II Courts (762.1...762.16) › Section 762.14 - Discharge of Individual and Dismissal of Proceedings Upon Final Release; Assignment as Youthful Trainee Not Conviction; Compliance With Sex Offenders Registration; Proceedings Closed to Public Inspection; Inspection by Courts, State Departments, and Law Enforcement Personnel.

762.14 Discharge of individual and dismissal of proceedings upon final release; assignment as youthful trainee not conviction; compliance with sex offenders registration; proceedings closed to public inspection; inspection by courts, state departments, and law enforcement personnel.
Sec. 14.
(1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter, upon final release of the individual from the status as youthful trainee, the court shall discharge the individual and dismiss the proceedings.
(2) An assignment of an individual to the status of youthful trainee as provided in this chapter is not a conviction for a crime and, except as provided in subsection (3), the individual assigned to the status of youthful trainee shall not suffer a civil disability or loss of right or privilege following his or her release from that status because of his or her assignment as a youthful trainee.
(3) An individual assigned to youthful trainee status before October 1, 2004 for a listed offense enumerated in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722, is required to comply with the requirements of that act.
(4) Unless the court enters a judgment of conviction against the individual for the criminal offense under section 12 of this chapter, all proceedings regarding the disposition of the criminal charge and the individual's assignment as youthful trainee shall be closed to public inspection, but shall be open to the courts of this state, the department of corrections, the family independence agency, law enforcement personnel and, beginning January 1, 2005, prosecuting attorneys for use only in the performance of their duties.
History:
Add. 1966, Act 301, Eff. Jan. 1, 1967 ;-- Am. 1993, Act 293, Eff. Jan. 1, 1994 ;-- Am. 1994, Act 286, Eff. Oct. 1, 1995 ;-- Am. 2004, Act 226, Eff. Jan. 1, 2005 ;-- Am. 2004, Act 239, Eff. Oct. 1, 2004
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-II - Chapter II Courts (762.1...762.16) › Section 762.15 - Applicability to Individuals Over Fourteen.

762.15 Applicability to individuals over fourteen.
Sec. 15.
This chapter also applies to an individual over 14 years of age whose jurisdiction has been waived under section 27 of chapter IV.
History:
Add. 1966, Act 301, Eff. Jan. 1, 1967 ;-- Am. 1993, Act 293, Eff. Jan. 1, 1994 ;-- Am. 1996, Act 255, 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-II - Chapter II Courts (762.1...762.16) › Section 762.16 - Holmes Youthful Trainee Act; Short Title.

762.16 Holmes youthful trainee act; short title.
Sec. 16.
Sections 11 to 15 shall be known as the "Holmes youthful trainee act."
History:
Add. 1966, Act 301, Eff. Jan. 1, 1967
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.1 - Rights of Accused; Hearing by Counsel, Defense, Confronting Witnesses.

763.1 Rights of accused; hearing by counsel, defense, confronting witnesses.
Sec. 1.
On the trial of every indictment or other criminal accusation, the party accused shall be allowed to be heard by counsel and may defend himself, and he shall have a right to produce witnesses and proofs in his favor, and meet the witnesses who are produced against him face to face.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17129 ;-- CL 1948, 763.1
Former Law:
See section 1 of Ch. 150 of R.S. 1846, being CL 1857, § 5704; CL 1871, § 7503; How., § 9068; CL 1897, § 11796; CL 1915, § 15623.
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.2 - Conviction; Bases.

763.2 Conviction; bases.
Sec. 2.
No person charged with an offense shall be convicted thereof unless by confession of his guilt in open court or by admitting the truth of the charge against him or after trial by the court or by the verdict of a jury accepted and recorded by the court.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17130 ;-- CL 1948, 763.2
Former Law:
See sections 2 and 4 of Ch. 151 of R.S. 1846, being CL 1857, §§ 5705 and 5707; CL 1871, §§ 7504 and 7506; How., §§ 9069 and 9071; CL 1897, §§ 11797 and 11799; and CL 1915, §§ 15624 and 15626.
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.3 - Waiver of Trial by Jury in Criminal Cases.

763.3 Waiver of trial by jury in criminal cases.
Sec. 3.
(1) In all criminal cases arising in the courts of this state the defendant may, with the consent of the prosecutor and approval by the court, waive a determination of the facts by a jury and elect to be tried before the court without a jury. Except in cases of minor offenses, the waiver and election by a defendant shall be in writing signed by the defendant and filed in the case and made a part of the record. The waiver and election shall be entitled in the court and case, and in substance as follows: "I, .............., defendant in the above case, hereby voluntarily waive and relinquish my right to a trial by jury and elect to be tried by a judge of the court in which the case may be pending. I fully understand that under the laws of this state I have a constitutional right to a trial by jury."
______________________
Signature of defendant.
(2) Except in cases of minor offenses, the waiver of trial by jury shall be made in open court after the defendant has been arraigned and has had opportunity to consult with legal counsel.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17131 ;-- CL 1948, 763.3 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 1988, Act 89, 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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.4 - Waiver of Trial by Jury; Jurisdiction of Judge, Procedure.

763.4 Waiver of trial by jury; jurisdiction of judge, procedure.
Sec. 4.
In any case where a defendant waives his right to a trial by jury and elects to be tried by the judge of such court as provided in section 3 of this chapter any judge of the court in which said cause is pending shall have jurisdiction to proceed with the trial of said cause, and shall proceed to hear, try and determine such cause in accordance with the rules and in like manner as if such cause were being tried before a jury.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17132 ;-- CL 1948, 763.4
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.5 - Acquittal on Facts and Merits as Bar to Subsequent Prosecution.

763.5 Acquittal on facts and merits as bar to subsequent prosecution.
Sec. 5.
No person shall be held to answer on a second charge or indictment for any offense for which he has been acquitted upon the facts and merits of the former trial but such acquittal may be pleaded or given in evidence by him in bar of any subsequent prosecution for the same offense.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17133 ;-- CL 1948, 763.5
Former Law:
See section 3 of Ch. 151 of R.S. 1846, being CL 1857, § 5706; CL 1871, § 7505; How., § 9070; CL 1897, § 11798; and CL 1915, § 15625.
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.6 - Acquittal on Variance, Insufficiency or Irregularity of Indictment as Bar to Subsequent Prosecution.

763.6 Acquittal on variance, insufficiency or irregularity of indictment as bar to subsequent prosecution.
Sec. 6.
If any person who is indicted or informed against for any offense shall on his trial be acquitted upon the grounds of a variance between the indictment or information and the proof or upon any insufficiency or irregularity in the form or substance of the indictment, he may be arraigned again on a new indictment for the same offense, notwithstanding such former acquittal.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17134 ;-- CL 1948, 763.6
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.7 - Definitions.

763.7 Definitions.
Sec. 7.
As used in this section and sections 8 to 10 of this chapter:
(a) "Custodial detention" means an individual's being in a place of detention because a law enforcement official has told the individual that he or she is under arrest or because the individual, under the totality of the circumstances, reasonably could believe that he or she is under a law enforcement official's control and is not free to leave.
(b) "Interrogation" means questioning in a criminal investigation that may elicit a self-incriminating response from an individual and includes a law enforcement official's words or actions that the law enforcement official should know are reasonably likely to elicit a self-incriminating response from the individual.
(c) "Law enforcement official" means any of the following:
(i) A police officer of this state or a political subdivision of this state as defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
(ii) A county sheriff or his or her deputy.
(iii) A prosecuting attorney.
(iv) A public safety officer of a college or university.
(v) A conservation officer of the department of natural resources and environment.
(vi) An individual acting under the direction of a law enforcement official described in subparagraphs (i) to (v).
(d) "Major felony" means a felony punishable by imprisonment for life, for life or any term of years, or for a statutory maximum of 20 years or more, or a violation of section 520d of the Michigan penal code, 1931 PA 328, MCL 750.520d.
(e) "Major felony recording" means the interrogation recording required under section 8 of this chapter or a duplicate of that recording.
(f) "Place of detention" means a police station, correctional facility, or prisoner holding facility or another governmental facility where an individual may be held in connection with a criminal charge that has been or may be filed against the individual.
History:
Add. 2012, Act 479, Eff. Mar. 28, 2013
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.8 - Audiovisual Recording of Interrogation.

763.8 Audiovisual recording of interrogation.
Sec. 8.
(1) This section applies if the law enforcement agency has audiovisual recording equipment that is operational or accessible as provided in section 11(3) or (4) or upon the expiration of the relevant time periods set forth in section 11(3) or (4), whichever occurs first.
(2) A law enforcement official interrogating an individual in custodial detention regarding the individual's involvement in the commission of a major felony shall make a time-stamped, audiovisual recording of the entire interrogation. A major felony recording shall include the law enforcement official's notification to the individual of the individual's Miranda rights.
(3) An individual who believes the individual's interrogation is being recorded may object to having the interrogation recorded. The individual's objection shall be documented either by the individual's objection stated on the recording or the individual's signature on a document stating the objection. If the individual refuses to document the objection either by recording or signature, a law enforcement official shall document the objection by a recording or signed document. A major felony recording may be made without the consent or knowledge of, or despite the objection of, the individual being interrogated.
(4) A major felony recording shall be produced using equipment and procedures that are designed to prevent alteration of the recording's audio or visual record.
(5) Pursuant to any request of discovery, the prosecutor shall provide a copy of the recorded statement to the defense counsel of record or to the defendant if he or she is not represented by defense counsel. The court shall not require the police or the prosecutor to prepare or pay for a transcript of a recorded statement. A court or the defense may have a transcript prepared at its own expense.
(6) Prior to conviction or acquittal, a statement recorded under this section is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
Add. 2012, Act 479, Eff. Mar. 28, 2013
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.9 - Failure to Record or Preserve Recorded Statement.

763.9 Failure to record or preserve recorded statement.
Sec. 9.
Any failure to record a statement as required under section 8 of this chapter or to preserve a recorded statement does not prevent any law enforcement official present during the taking of the statement from testifying in court as to the circumstances and content of the individual's statement if the court determines that the statement is otherwise admissible. However, unless the individual objected to having the interrogation recorded and that objection was properly documented under section 8(3), the jury shall be instructed that it is the law of this state to record statements of an individual in custodial detention who is under interrogation for a major felony and that the jury may consider the absence of a recording in evaluating the evidence relating to the individual's statement.
History:
Add. 2012, Act 479, Eff. Mar. 28, 2013
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.10 - Requirement as Directive and Not Right Conferred on Individual.

763.10 Requirement as directive and not right conferred on individual.
Sec. 10.
A failure to comply with sections 8 and 9 of this chapter does not create a civil cause of action against a department or individual. The requirement in section 8 of this chapter to produce a major felony recording is a directive to departments and law enforcement officials and not a right conferred on an individual who is interrogated.
History:
Add. 2012, Act 479, Eff. Mar. 28, 2013
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-III - Chapter III Rights of Persons Accused (763.1...763.11) › Section 763.11 - Duties of Michigan Commission on Law Enforcement Standards; Appropriation of Funds; Implementation of MCL 763.7 to 763.10; Compliance.

763.11 Duties of Michigan commission on law enforcement standards; appropriation of funds; implementation of MCL 763.7 to 763.10; compliance.
Sec. 11.
(1) The Michigan commission on law enforcement standards created under section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603, shall set quality standards for the audiovisual recording of statements under section 8 of this chapter and standards for geographic accessibility of equipment in the state. The commission shall also conduct an assessment of the initial cost necessary for law enforcement agencies to purchase audiovisual recording equipment. The first assessment shall be conducted By July 26, 2012. The Michigan commission on law enforcement standards shall conduct subsequent assessments regarding the necessary costs of purchasing, upgrading, or replacing the equipment every 2 years.
(2) The Michigan commission on law enforcement standards shall recommend to the legislature each year an annual appropriation amount to be determined by the commission's assessment performed under this section. The legislature shall annually appropriate funds to the Michigan commission on law enforcement standards for distribution to law enforcement agencies throughout the state to allow the agencies to purchase audiovisual recording equipment for purposes of this chapter. Any funds appropriated for this purpose shall be in addition to the appropriations provided to the Michigan commission on law enforcement standards and the department of state police in the immediately preceding fiscal year and shall not be appropriated from the Michigan justice training fund created in 1982 PA 302, MCL 18.421 to 18.430, or the department of state police budget.
(3) Except as otherwise provided in subsection (4), law enforcement agencies shall implement sections 7 to 10 of this chapter and this section within 120 days after receiving funds under this section from the Michigan commission on law enforcement standards or acquiring access to audiovisual recording equipment as directed by the standards set forth by that commission.
(4) Notwithstanding subsection (3), a law enforcement agency shall comply with the provisions of the amendatory act that added this subsection within 60 days after the date the commission adopts the standards for audiovisual recording equipment required by this section if the law enforcement agency has audiovisual recording equipment that complies with those standards on that date, or within 60 days after the date the law enforcement agency subsequently obtains audiovisual recording equipment that complies with the adopted standards.
History:
Add. 2012, Act 479, Eff. Mar. 28, 2013 ;-- Am. 2016, Act 293, Eff. Jan. 2, 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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.1b - Warrant; Recitation of Accusation; Directions to Peace Officer.

764.1b Warrant; recitation of accusation; directions to peace officer.
Sec. 1b.
A warrant issued pursuant to section 1a shall recite the substance of the accusation contained in the complaint. Except as permitted in section 1c of this chapter, the warrant shall be directed to a peace officer; shall command the peace officer immediately to arrest the person accused and to take that person, without unnecessary delay, before a magistrate of the judicial district in which the offense is charged to have been committed, to be dealt with according to law; and shall direct that the warrant, with a proper return noted on the warrant, be delivered to the magistrate before whom the arrested person is to be taken. The warrant may also require the peace officer to summon the witnesses named in the warrant.
History:
Add. 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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.1c - Issuing Warrant or Endorsing Complaint if Accused in Custody Upon Arrest Without Warrant; Finding of Reasonable Cause; Endorsement as Complaint and Warrant.

764.1c Issuing warrant or endorsing complaint if accused in custody upon arrest without warrant; finding of reasonable cause; endorsement as complaint and warrant.
Sec. 1c.
(1) If the accused is in custody upon an arrest without a warrant, a magistrate, upon finding reasonable cause as provided in section 1a of this chapter, shall do either of the following:
(a) Issue a warrant as provided in section 1b of this chapter.
(b) Endorse upon the complaint a finding of reasonable cause and a direction to take the accused before a magistrate of the judicial district in which the offense is charged to have been committed.
(2) As endorsed pursuant to subsection (1)(b), the complaint shall constitute both a complaint and warrant.
History:
Add. 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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.1d - Complaint; Recitation of Accusation; Factual Allegations.

764.1d Complaint; recitation of accusation; factual allegations.
Sec. 1d.
A complaint shall recite the substance of the accusation against the accused. The complaint may contain factual allegations establishing reasonable cause.
History:
Add. 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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.1e - Complaint Signed by Peace Officer; Statement; Making Materially False Statement in Complaint as Perjury; Penalty; Contempt of Court.

764.1e Complaint signed by peace officer; statement; making materially false statement in complaint as perjury; penalty; contempt of court.
Sec. 1e.
(1) For purposes of sections 1a to 1d of this chapter, a complaint signed by a peace officer shall be treated as made under oath if the offense alleged in the complaint is a misdemeanor or ordinance violation for which the maximum permissible penalty does not exceed 93 days in jail or a fine, or both, that was committed in the signing officer's presence or that was committed under circumstances permitting the officer's issuance of a citation under section 625a or 728(8) of the Michigan vehicle code, 1949 PA 300, MCL 257.625a and 257.728, and if the complaint contains the following statement immediately above the date and signature of the officer:
"I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief."
(2) A peace officer who, knowing the statement is false, makes a materially false statement in a complaint signed under subsection (1) is guilty of perjury, a felony punishable by imprisonment for not more than 15 years, and in addition, is in contempt of court.
History:
Add. 1980, Act 506, Imd. Eff. Jan. 22, 1981 ;-- Am. 1999, Act 76, 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 764.2 - Warrant; Pursuit and Apprehension of Party in Other County; Aid.

764.2 Warrant; pursuit and apprehension of party in other county; aid.
Sec. 2.
If any person against whom a warrant shall be issued for an alleged offense committed within any county, shall, either before or after the issuing of such warrant, escape from or be out of the county, the sheriff or other officer to whom such warrant may be directed, may pursue and apprehend the party charged, in any county of this state, and for that purpose may command aid and may exercise the same authority as in his own county.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17136 ;-- CL 1948, 764.2
Former Law:
See section 4 of Ch. 163 of R.S. 1846, being CL 1857, § 5980; CL 1871, § 7846; How., § 9457; CL 1897, § 11841; and CL 1915, § 15668.
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 764.2b - Authority and Immunity of Law Enforcement Officer of Another State; Definitions.

764.2b Authority and immunity of law enforcement officer of another state; definitions.
Sec. 2b.
(1) A law enforcement officer of an adjacent state has the same authority and immunity as a law enforcement officer of this state as provided by law if all of the following conditions are met:
(a) The law enforcement officer is authorized to arrest a person, with or without a warrant, for a violation of a penal statute or law in the adjacent state.
(b) The law enforcement officer is on duty as a law enforcement officer in the adjacent state.
(c) The law enforcement officer notifies a law enforcement officer or agency of this state that he or she is in this state and 1 or more of the following apply:
(i) The law enforcement officer is engaged in pursuing, arresting, or attempting to arrest an individual for a violation of a law in the adjacent state.
(ii) The law enforcement officer is in this state at the request of a law enforcement officer of this state.
(iii) The law enforcement officer is working in conjunction with a law enforcement officer of this state.
(iv) The law enforcement officer is responding to an emergency.
(2) As used in this section:
(a) "Adjacent state" means Indiana, Ohio, Minnesota, or Wisconsin.
(b) "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.
(c) "Law enforcement officer of this state" means a law enforcement officer as defined in section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.602.
History:
Add. 2000, Act 311, Imd. Eff. Oct. 17, 2000
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 764.4 - Taking Person Arrested Pursuant to Warrant Before Magistrate of Judicial Circuit in Which Arrest Made; Conditions.

764.4 Taking person arrested pursuant to warrant before magistrate of judicial circuit in which arrest made; conditions.
Sec. 4.
If a person is arrested pursuant to a warrant which charges an offense other than an offense for which bail may be denied, if the arrest is made in a county other than that in which the offense is charged to have been committed, and if the person arrested requests that he or she be brought before a magistrate of the judicial district in which the arrest was made, the person arrested shall be taken before a magistrate of that judicial district and shall be dealt with as provided in sections 5, 6, and 7 of this chapter.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17138 ;-- CL 1948, 764.4 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 5 of Ch. 163 of R.S. 1846, being CL 1857, § 5981; CL 1871, § 7847; How., § 9458; CL 1897, § 11842; and CL 1915, § 15669.
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 764.5 - Taking Recognizance for Arrested Person's Appearance Before Magistrate of Judicial Circuit in Which Offense Charged to Have Been Committed.

764.5 Taking recognizance for arrested person's appearance before magistrate of judicial circuit in which offense charged to have been committed.
Sec. 5.
The magistrate may take from the person arrested, a recognizance with sufficient sureties, for the person's appearance within 10 days before a magistrate of the judicial district in which the offense is charged to have been committed.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929 ;-- CL 1929, 17139 ;-- CL 1948, 764.5 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 6 of Ch. 163 of R.S. 1846, being CL 1857, § 5982; CL 1871, § 7848; How., § 9459; CL 1897, § 11843; CL 1915, § 15670; and Act 302 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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.6 - Recognizance; Certification; Delivery.

764.6 Recognizance; certification; delivery.
Sec. 6.
The magistrate shall certify on the recognizance the fact of having let the defendant post bail and shall deliver the recognizance taken to the person who made the arrest, who shall cause the recognizance to be delivered without unnecessary delay to a magistrate or clerk of the court in the judicial district before which the accused is recognized to appear.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17140 ;-- CL 1948, 764.6 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 7 of Ch. 163 of R.S. 1846, being CL 1857, § 5983; CL 1871, § 7849; How., § 9460; CL 1897, § 11844; and CL 1915, § 15671.
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 764.6f - Communication and Hearing Protocols for Swift Processing of Warrants Originated in Another County.

764.6f Communication and hearing protocols for swift processing of warrants originated in another county.
Sec. 6f.
(1) Each district court and county jail shall establish a communication protocol to enable the swift processing of individuals detained on a warrant of arrest that originated in another county.
(2) Each district court shall establish a hearing protocol for individuals detained on a warrant of arrest that originated in another county. This protocol must include the use of 2-way interactive video technology, when appropriate.
History:
Add. 2020, Act 394, Eff. Apr. 1, 2021
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 764.7 - Taking Arrested Person Before Magistrate of Judicial Circuit in Which Offense Charged to Have Been Committed in Absence of Bail.

764.7 Taking arrested person before magistrate of judicial circuit in which offense charged to have been committed in absence of bail.
Sec. 7.
If the magistrate refuses to allow the arrested person to post bail, or if sufficient bail is not offered, the official having charge of the arrested person shall take the arrested person before a magistrate of the judicial district in which the offense is charged to have been committed.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17141 ;-- CL 1948, 764.7 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Former Law:
See section 8 of Ch. 163 of 1846, being CL 1857, § 5984; CL 1871, § 7850; How., § 9461; CL 1897, § 11845; and CL 1915, § 15672.
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 764.8 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

764.8 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Compiler's Notes:
The repealed section pertained to offense not cognizable by justice of peace.
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 764.9 - Repealed. 1988, Act 113, Imd. Eff. May 2, 1988.

764.9 Repealed. 1988, Act 113, Imd. Eff. May 2, 1988.
Compiler's Notes:
The repealed section pertained to arrested person's right to be brought before magistrate where offense cognizable by justice of the peace.
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 764.9a - Minor Offense; Written Order for Summons; Contents; Service.

764.9a Minor offense; written order for summons; contents; service.
Sec. 9a.
(1) As an alternative to filing an order allowing a warrant as provided in section 1 if the arrest is to be for a minor offense, the prosecuting attorney may issue a written order for a summons addressed to a defendant, directing the defendant to appear before a magistrate of the judicial district in which the offense is charged to have been committed, at a designated future time for proceedings as set forth in this act.
(2) A summons shall designate the name of the issuing court, the offense charged in the underlying complaint, and the name of the defendant to whom it is addressed, and shall be subscribed by the issuing magistrate.
(3) A summons may be served in the same manner as a warrant.
History:
Add. 1968, Act 147, Eff. Nov. 15, 1968 ;-- 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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.9b - Repealed. 1999, Act 76, Eff. Oct. 1, 1999.

764.9b Repealed. 1999, Act 76, Eff. Oct. 1, 1999.
Compiler's Notes:
The repealed section pertained to arrest without warrant for minor offense.
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 764.9d - Complaint; Filing; Contents; Dismissal.

764.9d Complaint; filing; contents; dismissal.
Sec. 9d.
(1) Except as otherwise provided by sections 9f and 9g, a police officer or other public servant who has issued and served an appearance ticket, at or before the time the appearance ticket is returnable, shall file or cause to be filed in the local criminal court in which it is returnable a complaint charging the person named in the appearance ticket with the offense specified therein.
(2) If the complaint is not sufficient on its face, and if the court is satisfied that a complaint sufficient on its face cannot be drawn and filed on the basis of the available facts or evidence, it shall dismiss the complaint.
History:
Add. 1968, Act 147, Eff. Nov. 15, 1968 ;-- Am. 1970, Act 147, Imd. Eff. Sept. 1, 1970
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 764.9e - Failure to Appear; Rebuttable Presumption; Articulable Reasons to Overcome Presumption.

764.9e Failure to appear; rebuttable presumption; articulable reasons to overcome presumption.
Sec. 9e.
(1) If after the service of an appearance ticket and the filing of a complaint for the offense designated on the appearance ticket the defendant does not appear in the designated local criminal court within the time the appearance ticket is returnable, the court may issue a summons or a warrant as provided in this section.
(2) Notwithstanding any provision of law to the contrary, in the event that a defendant fails to appear for a court hearing within the time the appearance ticket is returnable there is a rebuttable presumption that the court must issue an order to show cause why the defendant failed to appear instead of issuing a warrant.
(3) The court may overcome the presumption and issue a warrant if it has a specific articulable reason to suspect that any of the following apply:
(a) The defendant committed a new crime.
(b) The defendant's failure to appear is the result of a willful intent to avoid or delay the adjudication of the case.
(c) Another person or property will be endangered if a warrant is not issued.
(4) If the court overcomes the presumption under subsection (2) and issues a warrant, the court must state on the record its reasons for doing so.
History:
Add. 1968, Act 147, Eff. Nov. 15, 1968 ;-- Am. 2020, Act 394, Eff. Apr. 1, 2021
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 764.9f - Appearance Ticket; Definition; Consecutive Numbering; Form; Contents; Modification.

764.9f Appearance ticket; definition; consecutive numbering; form; contents; modification.
Sec. 9f.
(1) As used in sections 9c to 9g, "appearance ticket" means a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it directing a designated person to appear in a designated local criminal court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance. The appearance tickets must be numbered consecutively, provide a space for the defendant's cellular telephone number and electronic mail address, if applicable, be in a form required by the attorney general, the state court administrator, and the director of the department of state police, and consist of the following parts:
(a) The original which must be a complaint or notice to appear by the officer and filed with the court.
(b) The first copy which must be the abstract of court record.
(c) The second copy which must be retained by the local enforcement agency.
(d) The third copy which must be delivered to the alleged violator.
(2) With the prior approval of the state officials listed in subsection (1), an appearance ticket may be appropriately modified as to content or number of copies to accommodate law enforcement and local court procedures and practices.
History:
1988, Act 49, Imd. Eff. Mar. 11, 1988 ;-- Am. 1996, Act 81, Imd. Eff. Feb. 27, 1996 ;-- Am. 1998, Act 264, Eff. Mar. 23, 1999 ;-- Am. 1999, Act 76, Eff. Oct. 1, 1999 ;-- Am. 2020, Act 393, Eff. Apr. 1, 2021
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 764.9g - Magistrates Jurisdiction; Pleas, Complaint.

764.9g Magistrates jurisdiction; pleas, complaint.
Sec. 9g.
(1) When under the provisions of sections 9b or 9c an officer issues an appearance ticket, an examining magistrate may accept a plea of guilty or not guilty upon the appearance ticket, without the necessity of a sworn complaint. If the offender pleads not guilty, no further proceedings may be had until a sworn complaint is filed with the magistrate. A warrant for arrest shall not issue for an offense charged in the appearance ticket until a sworn complaint is filed with the magistrate.
(2) A district court magistrate may accept a plea of guilty upon an appearance ticket, without the necessity of a sworn complaint, for those offenses within his jurisdiction as prescribed by section 8511 of Act No. 236 of the Public Acts of 1961, as amended, being section 600.8511 of the Compiled Laws of 1948.
History:
Add. 1970, Act 147, Imd. Eff. Sept. 1, 1970
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 764.10-764.12 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

764.10-764.12 Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Compiler's Notes:
The repealed sections pertained to recognizance for appearance, certification to bail, and insufficient 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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.13 - Arrest Without Warrant; Taking Arrested Person Before Magistrate of Judicial District in Which Offense Charged to Have Been Committed; Complaint.

764.13 Arrest without warrant; taking arrested person before magistrate of judicial district in which offense charged to have been committed; complaint.
Sec. 13.
A peace officer who has arrested a person for an offense without a warrant shall without unnecessary delay take the person arrested before a magistrate of the judicial district in which the offense is charged to have been committed, and shall present to the magistrate a complaint stating the charge against the person arrested.
History:
Add. 1964, Act 58, Eff. Aug. 28, 1964 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981
Compiler's Notes:
Former MCL 764.13, pertaining to the taking of persons arrested without warrants before a magistrate without unnecessary delay, was repealed by Act 44 of 1961.
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 764.14 - Arrest by Private Person; Disposition of Arrested Person; Complaint.

764.14 Arrest by private person; disposition of arrested person; complaint.
Sec. 14.
A private person who has made an arrest shall without unnecessary delay deliver the person arrested to a peace officer, who shall without unnecessary delay take that person before a magistrate of the judicial district in which the offense is charged to have been committed. The peace officer or private person shall present to the magistrate a complaint stating the charge against the person arrested.
History:
1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17148 ;-- CL 1948, 764.14 ;-- 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-IV - Chapter IV Arrest (764.1...764.29) › Section 764.15a - Arrest Without Warrant for Assault of Individual Having Child in Common, Household Resident, Dating Relationship, or Spouse or Former Spouse.

764.15a Arrest without warrant for assault of individual having child in common, household resident, dating relationship, or spouse or former spouse.
Sec. 15a.
A peace officer may arrest an individual for violating section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a local ordinance substantially corresponding to section 81 of that act regardless of whether the peace officer has a warrant or whether the violation was committed in his or her presence if the peace officer has or receives positive information that another peace officer has reasonable cause to believe both of the following:
(a) The violation occurred or is occurring.
(b) The individual has had a child in common with the victim, resides or has resided in the same household as the victim, has or has had a dating relationship with the victim, or is a spouse or former spouse of the victim. As used in this subdivision, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
History:
Add. 1978, Act 316, Imd. Eff. July 10, 1978 ;-- Am. 1980, Act 471, Eff. Mar. 31, 1981 ;-- Am. 1994, Act 66, Eff. July 1, 1994 ;-- Am. 1996, Act 138, Imd. Eff. Mar. 21, 1996 ;-- Am. 1999, Act 269, Eff. July 1, 2000 ;-- Am. 2001, Act 208, Eff. Apr. 1, 2002