Senate Introduced Bill 683
























SENATE BILL NO. 683


   September 21, 1999, Introduced by Senator JAYE and referred to 
        the Committee on Judiciary.



        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending sections 8391, 8511, and 8512 (MCL 600.8391,

   600.8511, and 600.8512), section 8511 as amended by 1996 PA 79

   and section 8512 as amended by 1995 PA 54.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 8391.  (1) With the approval of the governing body of a

 2    district control unit, the district court may establish within

 3    the court a traffic bureau  which  THAT may be
             administered by

 4    clerks or other personnel of the district court to accept, as

 5    authorized by the judges of the district, admissions  for
             civil

 6     infractions under Act No. 300 of the Public Acts of 1949, as

 7     amended, being sections 257.1 to 257.923 of the Michigan
                       Compiled

 8     Laws, or a local ordinance corresponding thereto, 
                       and to collect




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 1    civil fines and costs as prescribed by the judges of the district

 2     .  FOR THE FOLLOWING CIVIL INFRACTIONS:

 3         (A) CIVIL INFRACTIONS UNDER THE MICHIGAN VEHICLE CODE, 1949

 4    PA 300, MCL 257.1 TO 257.923, OR A CORRESPONDING LOCAL

 5    ORDINANCE.

 6         (B) STATE CIVIL INFRACTIONS UNDER PART 801 OF THE NATURAL

 7    RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL

 8    324.80101 TO 324.80199H.

 9         (2) Beginning August 1, 1979, a traffic bureau ESTABLISHED

10    UNDER SUBSECTION (1) may also accept  pleas  A PLEA
             of guilty for

11     such  A traffic  offenses as 
             OFFENSE, authorized by the judges

12    of the district, except for  violations  A
             VIOLATION of sections

13    625,  625b,  626, 626b, and 904 of  Act No.
             300 of the Public

14     Acts of 1949, as amended, or a local ordinance corresponding

15     thereto  THE MICHIGAN VEHICLE CODE, 1949 PA 300,
                       MCL 257.625,

16    257.626, 257.626B, AND 257.904, OR A CORRESPONDING LOCAL

17    ORDINANCE, and collect fines and costs as prescribed by the

18    judges of the district, if the offense occurred before August 1,

19    1979 and if the maximum permissible punishment for the offense at

20    the time the offense was committed did not exceed 90 days in jail

21    or a fine of not more than $100.00, or both.  The 

22         (3) SUBJECT TO SUPREME COURT SUPERVISION, THE presiding

23    judge of  the  A district  , subject to the
             supervision of the

24     supreme court, shall have  HAS authority over the
                       personnel OF A

25    TRAFFIC BUREAU ESTABLISHED UNDER SUBSECTION (1) and SHALL deter-

26    mine the location and number of traffic bureau offices IN THAT

27    DISTRICT.



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 1         (4)  Appeals as of right may be taken from the
              AN APPEAL

 2    FROM A DECISION OF A traffic bureau ESTABLISHED UNDER SUBSECTION

 3    (1) MAY BE TAKEN AS OF RIGHT to the district court.  Appeals

 4    shall be taken within 7 days after the entry of the civil infrac-

 5    tion admission and shall be heard de novo.

 6         Sec. 8511.  A district court magistrate  shall have
              HAS the

 7    following jurisdiction and duties:

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

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

10    or a local ordinance substantially corresponding to these acts or

11    parts of acts,  when  IF authorized by the chief
             judge of the

12    district court and if the maximum permissible punishment does not

13    exceed 90 days in jail or a fine, or both:

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

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

16     Laws  1949 PA 300, MCL 257.1 TO 257.923, except for
                        violations 

17    A VIOLATION of  sections 625 and 625b of Act No. 300 of the

18     Public Acts of 1949, being sections 257.625 and 257.625b of
                       the

19     Michigan Compiled Laws  SECTION 625 OF THE MICHIGAN
                       VEHICLE CODE,

20    1949 PA 300, MCL 257.625.  However, the magistrate may  have
             the

21     jurisdiction to  arraign  defendants
                        A DEFENDANT and set bond

22    with regard to  violations  A VIOLATION of 
             sections 625 and 625b

23     of Act No. 300 of the Public Acts of 1949  SECTION
                       625 OF THE

24    MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625.

25         (ii) Part 487  (sport fishing)  of the
             natural resources and

26    environmental protection act,  Act No. 451 of the Public
             Acts of





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 1    1994, being sections 324.48701 to 324.48740 of the Michigan

 2     Compiled Laws  1994 PA 451, MCL 324.48701 TO
                       324.48740.

 3         (iii) Part 401  (wildlife conservation)
              of  Act No. 451 of

 4     the Public Acts of 1994, being sections 324.40101 to
                       324.40119 of

 5     the Michigan Compiled Laws  THE NATURAL RESOURCES
                       AND ENVIRONMEN-

 6    TAL PROTECTION ACT, 1994 PA 451, MCL 324.40101 TO 324.40119.

 7         (iv) Part 801  (marine safety)  of
              Act No. 451 of the

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

 9     Michigan Compiled Laws  THE NATURAL RESOURCES AND
                       ENVIRONMENTAL

10    PROTECTION ACT, 1994 PA 451, MCL 324.80101 TO 324.80199H, EXCEPT

11    FOR A VIOLATION OF SECTION 80171(1) AND (3) OF THE NATURAL

12    RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL

13    324.80171.  HOWEVER, THE MAGISTRATE MAY ARRAIGN A DEFENDANT AND

14    SET BOND FOR A VIOLATION OF SECTION 80171(1) AND (3) OF THE NATU-

15    RAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL

16    324.80171.

17         (v) The motor carrier act,  Act No. 254 of the
             Public Acts

18     of 1933, being sections 475.1 to 479.43 of the Michigan
                       Compiled

19     Laws  1933 PA 254, MCL 475.1 TO 479.43.

20         (vi) Motor carrier safety act of 1963,  Act No.
             181 of the

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

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

23         (vii) Part 821  (snowmobiles)  of
              Act No. 451 of the Public

24     Acts of 1994, being sections 324.82101 to 324.82159 of the

25     Michigan Compiled Laws  THE NATURAL RESOURCES AND
                       ENVIRONMENTAL

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





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 1         (viii) Dog law of 1919,  Act No. 339 of the
             Public Acts of

 2     1919, being sections 287.261 to 287.290 of the Michigan
                       Compiled

 3     Laws  1919 PA 339, MCL 287.261 TO 287.290.

 4         (ix) Section  33a, 33b, or 34 of the Michigan
             liquor control

 5     act, Act No. 8 of the Public Acts of the Extra Session of
                       1933,

 6     being sections 436.33a, 436.33b, and 436.34 of the Michigan

 7     Compiled Laws  703 OR 915 OF THE MICHIGAN LIQUOR
                       CONTROL CODE OF

 8    1998, 1998 PA 58, MCL 436.1703 AND 436.1915.

 9         (x) Part 5  (department of natural resources
             general powers

10     and duties)  of  Act No. 451 of the Public
                       Acts of 1994, being

11     sections 324.501 to 324.511 of the Michigan Compiled Laws
                        THE

12    NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451,

13    MCL 324.501 TO 324.511.

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

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

16     324.81150 of the Michigan Compiled Laws  THE
                       NATURAL RESOURCES

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

18    324.81150.

19         (xii) Part 89  (littering)  of 
             Act No. 451 of the Public

20     Acts of 1994, being sections 324.8901 to 324.8907 of the
                       Michigan

21     Compiled Laws  THE NATURAL RESOURCES AND
                       ENVIRONMENTAL PROTECTION

22    ACT, 1994 PA 451, MCL 324.8901 TO 324.8907.

23         (xiii) Part 435  (hunting and fishing licensing)
              of  Act

24     No. 451 of the Public Acts of 1994, being sections 324.43501
                       to

25     324.43561 of the Michigan Compiled Laws  THE
                       NATURAL RESOURCES

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

27    324.43561.



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 1         (xiv) Part 731  (recreational trespass)
              of  Act No. 451 of

 2     the Public Acts of 1994, being sections 324.73101 to
                       324.73111 of

 3     the Michigan Compiled Laws  THE NATURAL RESOURCES
                       AND ENVIRONMEN-

 4    TAL PROTECTION ACT, 1994 PA 451, MCL 324.73101 TO 324.73111.

 5         (xv) Chapter LXXXV of the Michigan penal code, 
             Act No. 328

 6     of the Public Acts of 1931, being sections 750.546 to
                       750.552a of

 7     the Michigan Compiled Laws  1931 PA 328, MCL
                       750.546 TO

 8    750.552B.

 9         (b) To issue  warrants  A WARRANT for the
             arrest of a person

10    upon the written authorization of the prosecuting or municipal

11    attorney, except written authorization  shall  IS
             not  be 

12    required for a vehicle law or ordinance violation within the

13    jurisdiction of the magistrate if a police officer issued a traf-

14    fic citation pursuant to section 728 of the Michigan vehicle

15    code,  Act No. 300 of the Public Acts of 1949, being

16     section 257.728 of the Michigan Compiled Laws  1949
                       PA 300, MCL

17    257.728, and the defendant failed to appear.

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

19         (d) To issue A search  warrants  WARRANT,
              when  IF autho-

20    rized to do so by a district court judge.

21         Sec. 8512.  (1) A district court magistrate may hear and

22    preside over civil infraction admissions and admissions with

23    explanation and conduct informal hearings in civil infraction

24    actions pursuant to section 746 of the Michigan vehicle code,

25     Act No. 300 of the Public Acts of 1949, being section
             257.746 of

26     the Michigan Compiled Laws  1949 PA 300, MCL
                       257.746, section

27    8719, or section 8819, as applicable.  In exercising the



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 1    authority conferred by this subsection, the magistrate may

 2    administer oaths, examine witnesses, and make findings of fact

 3    and conclusions of law.  If the defendant is determined to be

 4    responsible for a civil infraction, the magistrate may impose the

 5    civil sanctions authorized by section 907 of  Act No. 300 of
             the

 6     Public Acts of 1949, being section 257.907 of the Michigan

 7     Compiled Laws  THE MICHIGAN VEHICLE CODE, 1949 PA
                       300, MCL

 8    257.907, section 8727, or section 8827, as applicable.

 9         (2) A district court magistrate shall not conduct an infor-

10    mal hearing in a civil infraction action involving a traffic or

11    parking violation governed by  Act No. 300 of the Public
             Acts of

12     1949, being sections 257.1 to 257.923 of the Michigan
                       Compiled

13     Laws  THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL
                       257.1 TO

14    257.923, until he or she has successfully completed a special

15    training course in traffic law adjudication and sanctions. 
             The

16     course shall be given periodically by the 

17         (3) A DISTRICT COURT MAGISTRATE SHALL NOT CONDUCT AN INFOR-

18    MAL HEARING IN A STATE CIVIL INFRACTION ACTION INVOLVING A VIOLA-

19    TION OF PART 801 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PRO-

20    TECTION ACT, 1994 PA 451, MCL 324.80101 TO 324.80199H, UNTIL HE

21    OR SHE HAS SUCCESSFULLY COMPLETED A SPECIAL TRAINING COURSE IN

22    MARINE LAW ADJUDICATIONS AND SANCTIONS.

23         (4) THE state court administrator SHALL PERIODICALLY PROVIDE

24    A SPECIAL TRAINING COURSE IN TRAFFIC AND MARINE LAW ADJUDICATIONS

25    AND SANCTIONS FOR DISTRICT COURT MAGISTRATES.

26         (5)  (3)  A district court magistrate may
             exercise the

27    authority conferred by this section only to the extent expressly



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 1    authorized by the chief judge, presiding judge, or only judge of

 2    the district court district.

 3         Enacting section 1.  This amendatory act takes effect April

 4    1, 2000.

 5         Enacting section 2.  This amendatory act does not take

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

 7    are enacted into law:

 8         (a) Senate Bill No. 682.

 9    

10         (b) Senate Bill No. 684.

11    

12         (c) Senate Bill No. 685.

13    

14         (d) Senate Bill No. 686.

15    

16         (e) Senate Bill No. 687.

17    

18         (f) Senate Bill No. 688.

19    

20         (g) Senate Bill No. 689.

21    

22         (h) Senate Bill No. 690.

23    











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