Criminal procedure: bail; act that provides bail for traffic offenses or misdemeanors; repeal. Repeals 1966 PA 257 (MCL 780.61 - 780.73). TIE BAR WITH: HB 4655'23, HB 4660'23
Impact
If enacted, HB4659 is set to become effective on January 1, 2025, contingent upon the passage of related legislation (specifically House Bills 4655 and 4660). This potential change may lead to a revamping of the bail procedure, especially in cases involving less serious crimes such as misdemeanors and traffic violations, thereby impacting how law enforcement and the judicial system handle defendants in these situations. The decision to repeal the existing rules may foster discussions about alternative measures to ensure accountability while balancing defendants' rights.
Summary
House Bill 4659 seeks to repeal Public Act 257 of 1966, which provided regulations for bail concerning individuals arrested for traffic offenses or misdemeanors. The repeal of this statute is significant as it could lead to changes in how bail is managed for these categories of criminal offenses in the state of Michigan. The act defined the conditions under which bail was required, the type of security accepted, and outlined penalties for violations related to bail processes. By eliminating this legislation, the bill aims to address perceived inefficiencies or injustices within the existing bail system.
Contention
Discussion surrounding HB4659 may bring notable contention, particularly around topics such as the fairness of bail practices and the implications for public safety. Advocates for the repeal argue that the current bail system disproportionately affects lower-income individuals who may struggle to pay bail for minor offenses, leading to unnecessary detention. Critics, however, may voice concerns that eliminating structured bail regulations could lead to increased flight risk or decreased accountability among offenders, potentially compromising community safety.
Same As
Criminal procedure: bail; procedure for pretrial release determinations, criteria a court must consider for pretrial release determination, and reporting of data on pretrial release decisions; provide for. Amends secs. 6 & 6a, ch. V of 1927 PA 175 (MCL 765.6 & 765.6a) & adds sec. 6g to ch. V. TIE BAR WITH: HB 4660'23, HB 4659'23, HB 4661'23
Same As
Traffic control: driver license; reference to surrendering license as condition of pretrial release and certain other references; amend to reflect changes in code of criminal procedure. Amends secs. 311 & 727 of 1949 PA 300 (MCL 257.311 & 257.727) & repeals sec. 311a of 1949 PA 300 (MCL 257.311a). TIE BAR WITH: HB 4655'23
Criminal procedure: arrests; bond condition of psychological screening for defendant arrested for a misdemeanor while in possession of a firearm; create. Amends sec. 9 of 1966 PA 257 (MCL 780.69). TIE BAR WITH: HB 5642'24
Criminal procedure: bail; procedure for pretrial release determinations, criteria a court must consider for pretrial release determination, and reporting of data on pretrial release decisions; provide for. Amends secs. 6 & 6a, ch. V of 1927 PA 175 (MCL 765.6 & 765.6a) & adds sec. 6g to ch. V. TIE BAR WITH: HB 4660'23, HB 4659'23, HB 4661'23
Traffic control: driver license; reference to surrendering license as condition of pretrial release and certain other references; amend to reflect changes in code of criminal procedure. Amends secs. 311 & 727 of 1949 PA 300 (MCL 257.311 & 257.727) & repeals sec. 311a of 1949 PA 300 (MCL 257.311a). TIE BAR WITH: HB 4655'23
Criminal procedure: bail; setting of bond related to spousal or child support arrearage; modify. Amends sec. 165 of 1931 PA 328 (MCL 750.165). TIE BAR WITH: HB 4655'23
Criminal procedure: bail; criteria a court must consider before imposing certain conditions of release and due process hearing related to pretrial detention; provide for. Amends sec. 6b, ch. V of 1927 PA 175 (MCL 765.6b) & adds sec. 6f to ch. V. TIE BAR WITH: HB 4655'23
Criminal procedure: sentencing; sentencing individuals less than 19 to imprisonment for life without parole eligibility; prohibit. Amends secs. 1 & 1b, ch. IX of 1927 PA 175 (MCL 769.1 & 769.1b) & repeals secs. 25 & 25a, ch. IX of 1927 PA 175 (MCL 769.25 & 769.25a). TIE BAR WITH: HB 4164'23, HB 4162'23, HB 4160'23, HB 4161'23
Criminal procedure: expunction; reference to crime of partial birth abortion; remove to reflect repeal. Amends sec. 1 of 1965 PA 213 (MCL 780.621). TIE BAR WITH: HB 4949'23
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.); adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).