ARRAIGNMENT BY MAGISTRATE - S.B. 558: FLOOR ANALYSIS
Senate Bill 558 (as reported without amendment)
Sponsor: Senator Bev Hammerstrom
Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act to allow arraignments and sentencing by magistrates on certain drunk driving offenses.
The Act provides that a district court magistrate has jurisdiction to arraign and sentence, upon a plea of guilty or nolo contendere, for violations of certain acts or parts of acts or a corresponding local ordinance, when authorized to do so by the chief judge of the district court and if the maximum permissible punishment does not exceed 90 days in jail and/or a fine.
A magistrate may arraign and sentence on violations of the Michigan Vehicle Code, except for the Code's drunk driving provisions, although a magistrate may arraign defendants and set bond with regard to drunk driving violations. The bill would delete and reenact that provision, except that a magistrate would have the authority to arraign and sentence if the maximum permissible punishment did not exceed 93 days in jail and/or a fine.
The bill would take effect on October 1, 1999. It is tie-barred to Senate Bills 556, 557, 559, and 560, and to House Bills 4580 through 4584.
MCL 600.8511 - Legislative Analyst: P. Affholter
FISCAL IMPACT
The bill would allow magistrates to continue to arraign and sentence certain cases, thereby resulting in administrative savings to local courts.
Date Completed: 5-11-99 - Fiscal Analyst: B. Bowerman
floor\sb558 - Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.