Senate Introduced Bill 558























SENATE BILL NO. 558


   April 29, 1999, Introduced by Senator HAMMERSTROM and referred 
        to the Committee on Judiciary.



        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 8511 (MCL 600.8511), as amended by 1996

   PA 79.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 8511.  A district court magistrate shall have the fol-

 2    lowing jurisdiction and duties:

 3         (a) To arraign and sentence upon pleas of guilty or nolo

 4    contendere for violations of the following acts or parts of acts,

 5    or a local ordinance substantially corresponding to these acts or

 6    parts of acts, when authorized by the chief judge of the district

 7    court and if the maximum permissible punishment does not exceed

 8    90 days in jail or a fine, or both:

 9          (i) Michigan vehicle code, Act No. 300 of the
             Public Acts

10     of 1949, being sections 257.1 to 257.923 of the Michigan
                       Compiled


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 1    Laws, except for violations of sections 625 and 625b of Act

 2     No. 300 of the Public Acts of 1949, being sections 257.625
                       and

 3     257.625b of the Michigan Compiled Laws.  However, the
                       magistrate

 4     may have the jurisdiction to arraign defendants and set bond
                       with

 5     regard to violations of sections 625 and 625b of Act No. 300
                       of

 6     the Public Acts of 1949. 

 7         (i)  (ii)  Part 487 
             (sport fishing)  of the natural

 8    resources and environmental protection act,  Act No. 451 of
             the

 9     Public Acts of 1994, being sections 324.48701 to 324.48740
                       of the

10     Michigan Compiled Laws  1994 PA 451, MCL 324.48701
                       TO 324.48740.

11         (ii)  (iii)  Part 401 
             (wildlife conservation)  of  Act

12     No. 451 of the Public Acts of 1994, being sections 324.40101
                       to

13     324.40119 of the Michigan Compiled Laws  THE
                       NATURAL RESOURCES

14    AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.40101 TO

15    324.40119.

16         (iii)  (iv)  Part 801 
             (marine safety)  of  Act No. 451 of

17     the Public Acts of 1994, being sections 324.80101 to
                       324.80199 of

18     the Michigan Compiled Laws  THE NATURAL RESOURCES
                       AND ENVIRONMEN-

19    TAL PROTECTION ACT, 1994 PA 451, MCL 324.80101 TO 324.80199.

20         (iv)  (v)  The motor carrier
             act,  Act No. 254 of the Public

21     Acts of 1933, being sections 475.1 to 479.43 of the Michigan

22     Compiled Laws  1933 PA 254, MCL 475.1 TO 479.43.

23         (v)  (vi)  Motor carrier safety
             act of 1963,  Act No. 181 of

24     the Public Acts of 1963, being sections 480.11 to 480.21 of
                       the

25     Michigan Compiled Laws  1963 PA 181, MCL 480.11 TO
                       480.22.

26         (vi)  (vii)  Part 821 
             (snowmobiles)  of  Act No. 451 of the

27     Public Acts of 1994, being sections 324.82101 to 324.82159
                       of the



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 1    Michigan Compiled Laws  THE NATURAL RESOURCES AND
             ENVIRONMENTAL

 2    PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82160.

 3         (vii)  (viii)  Dog law of 1919,
              Act No. 339 of the Public

 4     Acts of 1919, being sections 287.261 to 287.290 of the
                       Michigan

 5     Compiled Laws  1919 PA 339, MCL 287.261 TO 287.290.

 6         (viii)  (ix)  Section 
             33a, 33b, or 34 of the Michigan

 7     liquor control act, Act No. 8 of the Public Acts of the
                       Extra

 8     Session of 1933, being sections 436.33a, 436.33b, and 436.34
                       of

 9     the Michigan Compiled Laws  703 OR 915 OF THE
                       MICHIGAN LIQUOR

10    CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1703 AND 436.1915.

11         (ix)  (x)  Part 5 
             (department of natural resources general

12     powers and duties  of  Act No. 451 of the
                       Public Acts of 1994,

13     being sections 324.501 to 324.511 of the Michigan Compiled
                       Laws 

14    THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994

15    PA 451, MCL 324.501 TO 324.511.

16         (x)  (xi)  Part 811 
             (off-road recreation vehicles)  of  Act

17     No. 451 of the Public Acts of 1994, being sections 324.81101
                       to

18     324.81150 of the Michigan Compiled Laws  THE
                       NATURAL RESOURCES

19    AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO

20    324.81150.

21         (xi)  (xii)  Part 89 
             (littering)  of  Act No. 451 of the

22     Public Acts of 1994, being sections 324.8901 to 324.8907 of
                       the

23     Michigan Compiled Laws  THE NATURAL RESOURCES AND
                       ENVIRONMENTAL

24    PROTECTION ACT, 1994 PA 451, MCL 324.8901 TO 324.8907.

25         (xii)  (xiii)  Part 435 
             (hunting and fishing licensing)  of

26     Act No. 451 of the Public Acts of 1994, being sections
             324.43501

27     to 324.43561 of the Michigan Compiled Laws  THE
                       NATURAL RESOURCES



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 1    AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.43501 TO

 2    324.43561.

 3         (xiii)  (xiv)  Part 731 
             (recreational trespass)  of  Act

 4     No. 451 of the Public Acts of 1994, being sections 324.73101
                       to

 5     324.73111 of the Michigan Compiled Laws  THE
                       NATURAL RESOURCES

 6    AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.73101 TO

 7    324.73111.

 8         (xiv)  (xv)  Chapter LXXXV of
             the Michigan penal code,  Act

 9     No. 328 of the Public Acts of 1931, being sections 750.546

10     to 750.552a of the Michigan Compiled Laws  1931 PA
                       328,

11    MCL 750.546 TO 750.552B.

12         (B) TO ARRAIGN AND SENTENCE UPON PLEAS OF GUILTY OR NOLO

13    CONTENDERE FOR VIOLATIONS OF THE MICHIGAN VEHICLE CODE, 1949

14    PA 300, MCL 257.1 TO 257.923, OR A LOCAL ORDINANCE SUBSTANTIALLY

15    CORRESPONDING TO A PROVISION OF THE MICHIGAN VEHICLE CODE, 1949

16    PA 300, MCL 257.1 TO 257.923, EXCEPT FOR VIOLATIONS OF

17    SECTIONS 625 AND 625M OF THE MICHIGAN VEHICLE CODE, 1949 PA 300,

18    MCL 257.625 AND 257.625M, OR A LOCAL ORDINANCE SUBSTANTIALLY COR-

19    RESPONDING TO SECTION 625 OR 625M OF THE MICHIGAN VEHICLE CODE,

20    1949 PA 300, MCL 257.625 AND 257.625M, WHEN AUTHORIZED BY THE

21    CHIEF JUDGE OF THE DISTRICT COURT AND IF THE MAXIMUM PERMISSIBLE

22    PUNISHMENT DOES NOT EXCEED 93 DAYS IN JAIL OR A FINE, OR BOTH.

23    HOWEVER, THE MAGISTRATE MAY HAVE THE JURISDICTION TO ARRAIGN

24    DEFENDANTS AND SET BOND WITH REGARD TO VIOLATIONS OF SECTIONS 625

25    AND 625M OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625

26    AND 257.625M, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO





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                                   5

 1    SECTION 625 OR 625M OF THE MICHIGAN VEHICLE CODE, 1949 PA 300,

 2    MCL 257.625 AND 257.625M.

 3         (C)  (b)  To issue warrants for the arrest of
             a person upon

 4    the written authorization of the prosecuting or municipal attor-

 5    ney, except written authorization shall not be required for a

 6    vehicle law or ordinance violation within the jurisdiction of the

 7    magistrate if a police officer issued a traffic citation pursuant

 8    to section 728 of the Michigan vehicle code,  Act No. 300 of
             the

 9     Public Acts of 1949, being section 257.728 of the Michigan

10     Compiled Laws  1949 PA 300, MCL 257.728, and the
                       defendant failed

11    to appear.

12         (D)  (c)  To fix bail and accept bond in all
             cases.

13         (E)  (d)  To issue search warrants, when
             authorized to do so

14    by a district court judge.

15         Enacting section 1.  This amendatory act takes effect

16    October 1, 1999.

17         Enacting section 2.  This amendatory act does not take

18    effect unless all of the following bills of the 90th Legislature

19    are enacted into law:

20         (a) Senate Bill No. 556.

21    

22         (b) Senate Bill No. 559.

23    

24         (c) Senate Bill No. 557.

25    

26         (d)                         House Bill No. 4585.

27    



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 1         (e) Senate Bill No. 560.

 2    

 3         (f)                         House Bill No. 4580.

 4    

 5         (g)                         House Bill No. 4583.

 6    

 7         (h)                         House Bill No. 4584.

 8    

 9         (i)                         House Bill No. 4581

10    

11         (j)                         House Bill No. 4582.

12    
































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