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MI HB5438

MI HB5438
Criminal procedure: other; certain definitions in the code of criminal procedure and time period required for disposition of criminal charges; provide for. Amends sec. 1, ch. I & sec. 1, ch. VIII of 1927 PA 175 (MCL 761.1 & 768.1).


summary

Introduced
10/20/2021
In Committee
10/20/2021
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

101st Legislature

Bill Summary

Criminal procedure: other; certain definitions in the code of criminal procedure and time period required for disposition of criminal charges; provide for. Amends sec. 1, ch. I & sec. 1, ch. VIII of 1927 PA 175 (MCL 761.1 & 768.1).

AI Summary

This bill amends the Code of Criminal Procedure in Michigan to provide certain definitions, such as "abscond," "nonappearance," and "without unnecessary delay," and to establish a time period of 18 months for the disposition of criminal charges, with exceptions that can toll the time period, such as explicit or implicit waiver by the defendant, delays attributable to the defendant, or delays necessary to accommodate victims' requests. If the time period is not met and none of the exceptions apply, the charges must be dismissed without prejudice. The bill also makes it the responsibility of the court to ensure that judicial or docket delays do not result in case dismissal under this provision.

Committee Categories

Justice

Sponsors (12)

Last Action

Bill Electronically Reproduced 10/20/2021 (on 10/21/2021)

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