May 17, 2017, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 28 of chapter V (MCL 765.28), as amended by
2004 PA 332.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER V
Sec. 28. (1) If default is made in any recognizance in a court
of
record, the default shall must
be entered on the record by the
clerk of the court. After the default is entered, the court shall
give each surety immediate notice not to exceed 7 days after the
date
of the failure to appear. The notice shall must be
served upon
each
surety in person, or left at the surety's last known business
address, or mailed by first-class mail to the surety's last known
business address. Each surety shall be given an opportunity to
appear before the court on a day certain and show cause why
judgment should not be entered against the surety for the full
amount of the bail or surety bond. If good cause is not shown for
the defendant's failure to appear, the court shall enter judgment
against the surety on the recognizance for an amount determined
appropriate by the court but not more than the full amount of the
bail, or if a surety bond has been posted the full amount of the
surety bond. If the amount of a forfeited surety bond is less than
the full amount of the bail, the defendant shall continue to be
liable to the court for the difference, unless otherwise ordered by
the
court. Execution shall must
be awarded and executed upon the
judgment in the manner provided for in personal actions.
(2) Except as provided in subsection (3), the court shall set
aside the forfeiture and discharge the bail or surety bond within 1
year from the date of forfeiture judgment if the defendant has been
apprehended, the ends of justice have not been thwarted, and the
county has been repaid its costs for apprehending the person. If
the bond or bail is discharged, the court shall enter an order to
that effect with a statement of the amount to be returned to the
surety.
(3) Subsection (2) does not apply if the defendant was
apprehended more than 56 days after the bail or bond was ordered
forfeited and judgment entered and the surety did not fully pay the
forfeiture judgment within that 56-day period.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.