| 1 | 1 | | HOUSE BILL NO. 5777 A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 26b to chapter IV and sections 1a and 1b to chapter XVI. the people of the state of michigan enact: CHAPTER IV Sec. 26b. (1) Notwithstanding any other law, a law enforcement officer shall not arrest or detain an individual for purposes of enforcing a violation of section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, if the individual is on the premises or grounds of any of the following places: (a) A school for educational purposes. (b) A church, synagogue, or other established place of religious worship. (c) A health care facility, provided that the individual is on the premises or grounds of the health care facility for the purpose of receiving medical treatment. (2) As used in this section, "school" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. CHAPTER XVI Sec. 1a. (1) If during an individual's appearance for a violation of section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, the court determines that probable cause exists that the individual violated section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, the court may order the individual released from custody and issue a written order in accordance with subsection (3). (2) The court at any time after an individual's first appearance before the court for an alleged violation under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, may, in lieu of continuing the prosecution of or entering a conviction for an offense under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, dismiss the charge pending against the individual and issue a written order in accordance with subsection (3). (3) A written order authorized by subsection (1) or (2) must discharge the individual and require the individual to return to the foreign nation from which the individual entered or attempted to enter. An order under this subsection must not be issued unless all of following conditions are met: (a) The individual agrees to the order. (b) The individual has not previously been convicted of an offense under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, or previously obtained a discharge under an order described by subsection (1) or (2). (c) The individual is not charged with another offense that is punishable by imprisonment for more than 1 year. (4) Before the issuance of the order under subsection (3), the arresting law enforcement agency shall do all of the following: (a) Collect all available identifying information of the individual, which must include taking fingerprints from the individual and using other applicable photographic and biometric measures to identify the individual. (b) Cross-reference all the information collected under subdivision (a) with both of the following: (i) All relevant local, state, and federal criminal databases. (ii) Federal lists or classifications used to identify an individual as a threat or potential threat to national security. (5) Upon an individual's conviction under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, the court shall enter an order requiring the individual's return to the foreign nation from which the individual entered or attempted to enter. An order issued under this subsection takes effect on completion of the term of imprisonment imposed at sentencing. (6) An order issued under this section must include both of the following: (a) The manner of transportation of the individual to a port of entry. (b) The law enforcement officer or state agency responsible for monitoring compliance with the order. (7) An order issued under this section must be filed with the following entities as follows: (a) For an order under subsection (1), the county clerk of the county in which the individual was arrested. (b) For an order under subsection (2) or (5), the clerk of the court exercising jurisdiction in the case. Sec. 1b. A court shall not abate the prosecution of an offense under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, on the basis that a federal determination regarding the immigration status of the defendant is pending or will be initiated. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5778 (request no. 05725'24) of the 102nd Legislature is enacted into law. |
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| 23 | 23 | | HOUSE BILL NO. 5777 |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 1927 PA 175, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "The code of criminal procedure," |
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| 30 | 30 | | |
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| 31 | 31 | | (MCL 760.1 to 777.69) by adding section 26b to chapter IV and sections 1a and 1b to chapter XVI. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | CHAPTER IV |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 26b. (1) Notwithstanding any other law, a law enforcement officer shall not arrest or detain an individual for purposes of enforcing a violation of section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, if the individual is on the premises or grounds of any of the following places: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) A school for educational purposes. |
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| 41 | 41 | | (b) A church, synagogue, or other established place of religious worship. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) A health care facility, provided that the individual is on the premises or grounds of the health care facility for the purpose of receiving medical treatment. |
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| 44 | 44 | | |
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| 45 | 45 | | (2) As used in this section, "school" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. |
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| 46 | 46 | | |
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| 47 | 47 | | CHAPTER XVI |
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| 48 | 48 | | |
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| 49 | 49 | | Sec. 1a. (1) If during an individual's appearance for a violation of section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, the court determines that probable cause exists that the individual violated section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, the court may order the individual released from custody and issue a written order in accordance with subsection (3). |
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| 50 | 50 | | |
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| 51 | 51 | | (2) The court at any time after an individual's first appearance before the court for an alleged violation under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, may, in lieu of continuing the prosecution of or entering a conviction for an offense under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, dismiss the charge pending against the individual and issue a written order in accordance with subsection (3). |
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| 52 | 52 | | |
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| 53 | 53 | | (3) A written order authorized by subsection (1) or (2) must discharge the individual and require the individual to return to the foreign nation from which the individual entered or attempted to enter. An order under this subsection must not be issued unless all of following conditions are met: |
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| 54 | 54 | | |
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| 55 | 55 | | (a) The individual agrees to the order. |
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| 56 | 56 | | |
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| 57 | 57 | | (b) The individual has not previously been convicted of an offense under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, or previously obtained a discharge under an order described by subsection (1) or (2). |
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| 59 | 59 | | (c) The individual is not charged with another offense that is punishable by imprisonment for more than 1 year. |
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| 60 | 60 | | |
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| 61 | 61 | | (4) Before the issuance of the order under subsection (3), the arresting law enforcement agency shall do all of the following: |
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| 62 | 62 | | |
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| 63 | 63 | | (a) Collect all available identifying information of the individual, which must include taking fingerprints from the individual and using other applicable photographic and biometric measures to identify the individual. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) Cross-reference all the information collected under subdivision (a) with both of the following: |
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| 66 | 66 | | |
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| 67 | 67 | | (i) All relevant local, state, and federal criminal databases. |
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| 68 | 68 | | |
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| 69 | 69 | | (ii) Federal lists or classifications used to identify an individual as a threat or potential threat to national security. |
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| 70 | 70 | | |
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| 71 | 71 | | (5) Upon an individual's conviction under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, the court shall enter an order requiring the individual's return to the foreign nation from which the individual entered or attempted to enter. An order issued under this subsection takes effect on completion of the term of imprisonment imposed at sentencing. |
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| 72 | 72 | | |
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| 73 | 73 | | (6) An order issued under this section must include both of the following: |
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| 74 | 74 | | |
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| 75 | 75 | | (a) The manner of transportation of the individual to a port of entry. |
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| 76 | 76 | | |
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| 77 | 77 | | (b) The law enforcement officer or state agency responsible for monitoring compliance with the order. |
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| 78 | 78 | | |
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| 79 | 79 | | (7) An order issued under this section must be filed with the following entities as follows: |
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| 80 | 80 | | |
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| 81 | 81 | | (a) For an order under subsection (1), the county clerk of the county in which the individual was arrested. |
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| 82 | 82 | | |
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| 83 | 83 | | (b) For an order under subsection (2) or (5), the clerk of the court exercising jurisdiction in the case. |
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| 84 | 84 | | |
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| 85 | 85 | | Sec. 1b. A court shall not abate the prosecution of an offense under section 410d, 410e, or 410f of the Michigan penal code, 1931 PA 328, MCL 750.410d, 750.410e, and 750.410f, on the basis that a federal determination regarding the immigration status of the defendant is pending or will be initiated. |
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| 86 | 86 | | |
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| 87 | 87 | | Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5778 (request no. 05725'24) of the 102nd Legislature is enacted into law. |
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