Senate Introduced Bill 1264























SENATE BILL NO. 1264


   September 15, 1998, Introduced by Senator VAN REGENMORTER and
        referred to the Committee on Judiciary.



        A bill to amend 1927 PA 175, entitled

   "The code of criminal procedure,"

   by amending sections 26 and 28 of chapter V (MCL 765.26 and

   765.28).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                CHAPTER V

 2         Sec. 26.  (1) In all criminal cases where  any
              A person  or

 3     persons have  HAS entered into any recognizance for
                       the personal

 4    appearance of another and such bail and surety  shall
              afterwards

 5     desire  DESIRES to be relieved from  his
              responsibility, he OR

 6    SHE may, with or without assistance BUT IN COMPLIANCE WITH THE

 7    BAIL ENFORCEMENT AGENT REGULATION ACT IF HE OR SHE IS SUBJECT TO

 8    THAT ACT, arrest OR DETAIN the accused and deliver him  at
             the 

 9    OR HER TO ANY jail or to the sheriff of  said  THE
             county.  In

10    making such AN arrest OR DETAINMENT, he  shall be 
             OR SHE IS


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 1    entitled to the assistance of  the sheriff, chief of police
             of

 2     any city or  any peace officer.

 3         (2) The sheriff or keeper of any jail  in said county
              is

 4    authorized to receive such principal and detain him OR HER in

 5    jail until he OR SHE is discharged.  in due course of law.
              Upon

 6    delivery of his OR HER principal at the jail by the surety or any

 7    officer,  such  THE surety shall be released from
             the conditions

 8    of his OR HER recognizance.

 9         (3) Whenever the prosecuting attorney of  any 
             A county

10     shall become  IS satisfied that  any
              A person who has been rec-

11    ognized to appear for trial has absconded, or is about to

12    abscond, and that his OR HER sureties or either of them have

13    become worthless, or are about to dispose or have disposed of

14    their property for the purpose of evading the payment or the

15    obligation of such bond or recognizance  ,  or with
             intent to

16    defraud their creditors, and  such  THAT
             prosecuting attorney

17     shall make  MAKES a satisfactory showing to this
             effect to the

18    court having jurisdiction of  such  THAT person,
              said  THE court

19    or judge shall forthwith grant a mittimus to the sheriff or any

20     constable of said  PEACE OFFICER OF THAT county,
             commanding him

21    OR HER forthwith to arrest the person so recognized and bring him

22    OR HER before the officer issuing  such  THE
             mittimus  ,  and on

23    the return of  said  THAT mittimus may, after a
              full  hearing on

24    the merits, order him OR HER to be recommitted to the county jail

25    until such time as he  shall give  OR SHE GIVES
             additional and

26    satisfactory sureties, or  be  IS otherwise
             discharged.

27     according to law. 



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 1         Sec. 28.  (1)  In addition to any other method
             available, it

 2     is hereby provided that whenever  IF default
                        shall be  IS made

 3    in any recognizance in  any  A court of record, the
              same 

 4    DEFAULT shall be  duly  entered  of
              ON THE record by the clerk

 5    of  said  THE court.  and thereafter said
              AFTER THE DEFAULT IS

 6    ENTERED, THE court, upon the motion of the attorney general,

 7    prosecuting attorney, or  city  THE attorney FOR
             THE LOCAL UNIT

 8    OF GOVERNMENT,  may  SHALL give  the
              EACH surety  or sureties 20

 9     days' notice, which  IMMEDIATE NOTICE NOT TO EXCEED
                       3 DAYS FROM

10    THE DATE OF THE FAILURE TO APPEAR.  THE notice shall be served

11    upon  said  EACH surety  or sureties
              in person or left at  his

12     or their  THE SURETIES' last known place of
                        residence 

13    BUSINESS.  Said  EACH surety  or sureties
              shall be given an

14    opportunity to appear before the court on a day certain and show

15    cause why judgment should not be entered against  him or
             them 

16    THE SURETY for the full amount of  such  THE
             recognizance.  If

17    good cause is not shown, the court shall  then 
             enter judgment

18    against the surety  or sureties  on  said
              THE recognizance for

19     such  AN amount  as it may see fit
              DETERMINED APPROPRIATE BY

20    THE COURT BUT not  exceeding  MORE THAN the full
             amount  thereof 

21    OF THE RECOGNIZANCE.  Execution shall be awarded and executed

22    upon  said  THE judgment in  like 
             THE manner  as is  provided

23    FOR in personal actions.

24         (2) THE COURT SHALL SET ASIDE THE FORFEITURE AND DISCHARGE

25    THE BAIL OR SURETY BOND WITHIN 1 YEAR FROM THE TIME OF THE FOR-

26    FEITURE JUDGMENT IF THE DEFENDANT HAS BEEN APPREHENDED, THE ENDS

27    OF JUSTICE HAVE NOT BEEN THWARTED, AND THE COUNTY HAS BEEN REPAID



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 1    ITS COSTS FOR APPREHENDING THE PERSON.  IF THE BOND OR BAIL IS

 2    DISCHARGED, THE COURT SHALL ENTER AN ORDER TO THAT EFFECT WITH A

 3    STATEMENT OF THE AMOUNT TO BE RETURNED TO THE SURETY.

 4         Enacting section 1.  This amendatory act does not take

 5    effect unless Senate Bill No. 820 of the 89th Legislature is

 6    enacted into law.












































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