SENATE BILL NO. 452
March 18, 1999, Introduced by Senator ROGERS and referred to the Committee on Judiciary. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 6b of chapter V (MCL 765.6b), as amended by 1994 PA 335. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER V 2 Sec. 6b. (1) A judge or district court magistrate may 3 release under this section a defendant subject to conditions rea- 4 sonably necessary for the protection of 1 or more named persons. 5 If a judge or district court magistrate releases under this sec- 6 tion a defendant subject to protective conditions, the judge or 7 district court magistrate shall make a finding of the need for 8 protective conditions and inform the defendant on the record, 9 either orally or by a writing that is personally delivered to the 10 defendant, of the specific conditions imposed and that if the 01274'99 * TVD 2 1 defendant violates a condition of release, he or she will be 2 subject to arrest without a warrant and may have his or her bail 3 forfeited or revoked and new conditions of release imposed, in 4 addition to any other penalties that may be imposed if the 5 defendant is found in contempt of court. 6 (2) An order or amended order issued under subsection (1) 7 shall contain all of the following: 8 (a) A statement of the defendant's full name. 9 (b) A statement of the defendant's height, weight, race, 10 sex, date of birth, hair color, eye color, and any other identi- 11 fying information the judge or district court magistrate consid- 12 ers appropriate. 13 (c) A statement of the date the conditions become 14 effective. 15 (d) A statement of the date on which the order will expire. 16 (e) A statement of the conditions imposed. 17 (3) An order or amended order issued under this subsection 18 and subsection (1) may impose a condition that the defendant not 19 purchase or possess a firearm. 20 (4) AN ORDER OR AMENDED ORDER ISSUED UNDER SUBSECTION (1) 21 AGAINST A DEFENDANT CHARGED WITH CRIMINAL SEXUAL CONDUCT IN ANY 22 DEGREE OR ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT 23 MAY IMPOSE A CONDITION THAT RESTRICTS THE TRAVEL OF THE DEFENDANT 24 TO SPECIFIED GEOGRAPHICAL AREAS OR THAT PROHIBITS THE DEFENDANT 25 FROM ENTERING SPECIFIED GEOGRAPHICAL AREAS. 26 (5) (4) The judge or district court magistrate shall 27 immediately direct a law enforcement agency within the 01274'99 * 3 1 jurisdiction of the court, in writing, to enter an order or 2 amended order issued under subsection (1) or subsections (1) and 3 (3) THIS SECTION into the law enforcement information network as 4 provided by the L.E.I.N. policy council act of 1974, Act No. 163 5 of the Public Acts of 1974, being sections 28.211 to 28.216 of 6 the Michigan Compiled Laws 1974 PA 163, MCL 28.211 TO 28.216. 7 If the order or amended order is rescinded, the judge or district 8 court magistrate shall immediately order the law enforcement 9 agency to remove the order or amended order from the law enforce- 10 ment information network. 11 (6) (5) A law enforcement agency within the jurisdiction 12 of the court shall immediately enter an order or amended order 13 into the law enforcement information network as provided by Act 14 No. 163 of the Public Acts of 1974 THE L.E.I.N. POLICY COUNCIL 15 ACT OF 1974, 1974 PA 163, MCL 28.211 TO 28.216, or shall remove 16 the order or amended order from the law enforcement information 17 network upon expiration of the order or as directed by the court 18 under subsection (4) (5). 19 (7) THE COURT SHALL IMMEDIATELY NOTIFY THE LAW ENFORCEMENT 20 AGENCY OF THE LOCAL UNIT OF GOVERNMENT IN WHICH THE DEFENDANT 21 RESIDES THAT THE INDIVIDUAL IS RESIDING IN THAT LOCAL UNIT OF 22 GOVERNMENT. 23 (8) (6) This section does not limit the authority of 24 judges or district court magistrates to impose protective or 25 other release conditions under other applicable statutes or court 26 rules. 01274'99 * Final page. TVD