WARRANTS:  ALLOW BY ELECTRONIC VIDEO

House Bill 5246

Sponsor:  Rep. Bill Rogers

Committee:  Judiciary

Complete to 3-12-14

A SUMMARY OF HOUSE BILL 5246 AS INTRODUCED 1-23-14

The bill would allow a complaint for an arrest warrant to be made by electronic video if certain conditions are met.

House Bill 5246 would amend the Code of Criminal Procedure.  Currently, a complaint for an arrest warrant may be made by any electronic or electromagnetic means of communication, if all of the following occur:

1)                  The prosecuting attorney authorizes the issuance of the warrant (which may consist of an electronically or electromagnetically transmitted facsimile of the signed authorization).

2)                  The judge orally administers the oath or affirmation to an applicant for an arrest warrant who submits a complaint.

3)                  The applicant signs the complaint (proof of which may consist of an electronically or electromagnetically transmitted facsimile of the signed complaint).

The bill would also allow a complaint for an arrest warrant to be made by electronic video.  Further, the bill would amend Number 2 above to specify that the judge may administer the oath to the applicant submitting the complaint in person or by means of electronic video.

MCL 764.1

FISCAL IMPACT:

A fiscal analysis is in process.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.