Michigan State Senate Bill 151

Jeff Brown Bail Bonds

Below is a copy of Senate Bill 151 which allows citizens of Michigan the opportunity to post ten percent bonds in Michigan with a 25 percent surety bond.  This helps with overcrowding and allows bail to be used as it intended purpose.  To guarentee court appearances. 

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Senators Clarke and Cropsey

ENROLLED SENATE BILL No. 151

AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal

procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the

provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance

violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations;

to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the

examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments,

informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses

and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of

persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe

its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation

cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to

prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties

of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the

discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set

forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain

provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of

this act,” by amending section 6 of chapter V (MCL 765.6), as amended by 1988 PA 46.

The People of the State of Michigan enact:

CHAPTER V

Sec. 6. (1) Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail. The amount

of bail shall not be excessive. The court in fixing the amount of the bail shall consider and make findings on the record

as to each of the following:

(a) The seriousness of the offense charged.

(b) The protection of the public.

(c) The previous criminal record and the dangerousness of the person accused.

(d) The probability or improbability of the person accused appearing at the trial of the cause.

(101)

2

(2) If the court fixes a bail amount under subsection (1) and allows for the posting of a 10% deposit bond, the person

accused may post bail by a surety bond in an amount equal to 1/4 of the full bail amount fixed under subsection (1) and

executed by a surety approved by the court.

(3) If a person is arrested for an ordinance violation or a misdemeanor and if the defendant’s operator’s or

chauffeur’s license is not expired, suspended, revoked, or cancelled, the court may require the defendant, in place of

other security for the defendant’s appearance in court for trial or sentencing or, as a condition for release of the

defendant on personal recognizance, to surrender to the court his or her operator’s or chauffeur’s license. The court shall

issue to the defendant a receipt for the license, as provided in section 311a of the Michigan vehicle code, 1949 PA 300,

MCL 257.311a. If the trial date is set at the arraignment, the court shall specify on the receipt the date on which the

defendant is required to appear for trial. If a trial date is not set at the arraignment, the court shall specify on the

receipt a date on which the receipt expires. By written notice the court may extend the expiration date of the receipt,

as needed, to secure the defendant’s appearance for trial and sentencing. The written notice shall instruct the person to

whom the receipt was issued to attach the notice to the receipt. Upon its attachment to the receipt, the written notice

shall be considered a part of the receipt for purposes of determining the expiration date. At the conclusion of the trial

or imposition of sentence, as applicable, the court shall return the license to the defendant unless other disposition of

the license is authorized by law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor