Title 780, CRIMINAL PROCEDURE

Sec. 8. This act may be cited as the "uniform act on fresh pursuit."

Sec. 1. (1) When an affidavit is made on oath to a judge or district court magistrate authorized to issue warrants in criminal cases, and the affidavit establishes grounds for issuing a warrant under this act, the judge or district court magistrate, if he or she is satisfied that…

Sec. 2. (1) A warrant may be issued to search for and seize any property or other thing that is 1 or more of the following: (a) Stolen or embezzled in violation of a law of this state. (b) Designed and intended for use, or that is or has been used, as the means of committing a cr…

Sec. 2a. (1) If the court has probable cause to believe that an individual violated section 520b(1)(b)(ii) or (h)(i), 520c(1)(b)(ii) or (h)(i), 520d(1)(d), or 520e(1)(g) of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.520b, 750.520c, 750.520…

Sec. 3. The judge or district court magistrate's finding of reasonable or probable cause shall be based upon all the facts related within the affidavit made before him or her. The affidavit may be based upon information supplied to the complainant by a named or unnamed person if …

Sec. 4. (1) A search warrant shall be directed to the sheriff or any peace officer, commanding the sheriff or peace officer to search the house, building, or other location or place, where the person, property, or thing for which the sheriff or peace officer is required to search…

Sec. 5. (1) When an officer in the execution of a search warrant finds any property or seizes any of the other things for which a search warrant is allowed by this act, the officer, in the presence of the person from whose possession or premises the property or thing was taken, i…

Sec. 6. The officer to whom a warrant is directed, or any person assisting him, may break any outer or inner door or window of a house or building, or anything therein, in order to execute the warrant, if, after notice of his authority and purpose, he is refused admittance, or wh…

Sec. 7. Any person who in executing a search warrant, wilfully exceeds his authority or exercises it with unnecessary severity, shall be fined not more than $1,000.00 or imprisoned not more than 1 year.

Sec. 8. Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined not more than $1,000.00 or imprisoned not more than 1 year.

Sec. 9. Sections 1, 2, 3 and 5 of chapter 16 of Act No. 175 of the Public Acts of 1927, as amended, being sections 776.1, 776.2, 776.3 and 776.5 of the Compiled Laws of 1948, are repealed.

Sec. 1. A city or incorporated village, having a boundary running to the shoreline of any of the Great Lakes or connecting waters, through its peace officers, with or without a pertinent ordinance, may exercise concurrent jurisdiction as to such waters to enforce any criminal law…

Sec. 2. This act shall not be construed as granting any authority to regulate or control the erection, maintenance or destruction of any structure in, on or over such waters as may be covered by state law, or to grant a power to alter any federal or state law, rule or regulation …

Sec. 1. It shall be unlawful for any person to take or attempt to take any picture or photographic reproduction of any grand jury proceeding, or of any judge, witness, attorney, juror, officer or other person present at or in any way connected with such proceeding, either within …

Sec. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding 100 dollars or by imprisonment in the county jail for a period not exceeding 90 days, or by both such fine …

Sec. 1. As used in this act: (a) "Commission" means the crime victim services commission described in section 2 of 1976 PA 223, MCL 18.352. (b) "Crime victim's rights services" means services required to implement fully the William Van Regenmorter crime victim's rights act, 1985 …

Sec. 2. The criminal assessments commission formerly created under this act is abolished. Its powers, duties, and jurisdiction are transferred to the crime victim services commission.

Sec. 3. The commission shall do all of the following: (a) Investigate and determine the amount of revenue needed to pay for crime victim's rights services. (b) Investigate and determine an appropriate assessment amount to be imposed against convicted criminal defendants and juven…

Sec. 4. (1) The crime victim's rights fund is created as a separate fund in the state treasury. The state treasurer shall credit to the fund all amounts received under this act and as provided by law. The state treasurer shall invest fund money in the same manner as surplus funds…

Sec. 5. (1) The court shall order each person charged with an offense that is a felony, misdemeanor, or ordinance violation that is resolved by conviction, assignment of the defendant to youthful trainee status, a delayed sentence or deferred entry of judgment of guilt, or in ano…

Sec. 6. (1) The department shall establish service and funding levels for the courts, departments, and local agencies that receive money under this act. (2) A disbursement to cover the funding level established by the department shall be annually distributed to eligible departmen…

Sec. 7. (1) The department shall direct and authorize the state treasurer in writing to disburse money from the fund to pay for crime victim's rights services as required under this act. The department may direct and authorize the state treasurer in writing to disburse money from…

Sec. 8. A court, department, or local agency that receives a distribution under this act shall use that distribution to maintain or enhance crime victim's rights services.

Sec. 9. The department shall annually estimate the cost of providing crime victim's rights services and the estimated revenue to be received by the crime victim's rights fund. If the estimated revenue is projected to be insufficient to cover the estimated costs of totally funding…

Sec. 10. The department may promulgate rules to implement this act.

Sec. 11. This act shall take effect upon the expiration of 60 days after the date of its enactment.

Sec. 1. (1) Except as otherwise provided in this act, a person who is convicted of 1 or more criminal offenses may file an application with the convicting court for the entry of an order setting aside 1 or more convictions as follows: (a) Except as provided in subdivisions (b) an…

Sec. 1a. As used in this act: (a) "Conviction" means a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or upon a jury verdict or court finding that a defendant is guilty or guilty but mentally ill. (b) "Traffic offense" means a viol…

Sec. 1b. (1) For purposes of a petition to set aside a conviction under section 1 or 1e, more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor convictions were contemporaneous such t…

Sec. 1c. (1) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for any of the following: (a) A felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonme…

Sec. 1d. (1) An application under section 1 to set aside more than 1 felony conviction shall only be filed 7 or more years after whichever of the following events occurs last: (a) Imposition of the sentence for the convictions that the applicant seeks to set aside. (b) Completion…

Sec. 1e. (1) Beginning on January 1, 2020, a person convicted of 1 or more misdemeanor marihuana offenses may apply to set aside the conviction or convictions under this subsection. (2) An application under subsection (1) must contain all of the following information: (a) The ful…

Sec. 1f. (1) If an application to set aside a conviction or convictions under section 1e is granted, the arresting agency and the department of the state police shall maintain the nonpublic record created under section 3 for use as authorized under section 3. (2) If an applicatio…

Sec. 1g. (1) Beginning 2 years after the effective date of the amendatory act that added this section and subject to any necessary appropriation, a misdemeanor conviction for an offense for which the maximum punishment is imprisonment for not more than 92 days is set aside under …

Sec. 1h. (1) Upon the occurrence of 1 of the circumstances under subsection (2) or (3), a conviction that was set aside by operation of law under section 1g shall be reinstated by the court as provided in this section. (2) If it is determined that a conviction was improperly or e…

Sec. 1i. (1) The Michigan set aside fund is created within the state treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the…

Sec. 2. (1) Upon the entry of an order under section 1 or 1e, or upon the automatic setting aside of a conviction under section 1g, the applicant, for purposes of the law, is considered not to have been previously convicted, except as provided in this section and section 3. (2) T…

Sec. 3. (1) Upon the entry of an order under section 1 or 1e, the court shall send a copy of the order to the arresting agency and the department of state police. (2) The department of state police shall retain a nonpublic record of the order setting aside a conviction, or other …

Sec. 4. Except as provided in sections 1, 1e, and 1g, a person may have only 1 conviction set aside under this act.

Sec. 1. As used in this act: (a) "Security" means that which is required to be pledged to insure the payment of bail. (b) "Surety" means one who executes a bail bond and binds himself to pay the bail if the person in custody fails to comply with all conditions of the bail bond.

Sec. 2. When from all the circumstances involving traffic offenses in violation of state law, township traffic ordinances or municipal traffic ordinances or any misdemeanor offense, the court is of the opinion that the accused will appear as required either before or after convic…

Sec. 3. Upon failure to comply with any condition of a bail bond or recognizance the court having jurisdiction at the time of such failure, in addition to any other action provided by law, may issue a warrant for the arrest of the person at liberty on bail or his own recognizance…

Sec. 4. (1) The amount of bail shall be: (a) Sufficient to assure compliance with the conditions set forth in the bail bond. (b) Not oppressive. (c) Commensurate with the nature of the offense charged. (d) Considerate of the past criminal acts and conduct of the defendant. (e) Co…

Sec. 5. (1) Upon application by the state or a local unit of government or the defendant the court before which the proceeding is pending may increase or reduce the amount of bail or may alter the conditions of the bail bond. (2) Reasonable notice of the application by the defend…

Sec. 6. (1) The person for whom bail has been set shall execute the bail bond and deposit with the clerk of the court before which the proceeding is pending a sum of money equal to 10% of the bail but at least $10.00. A defendant who personally makes the deposit shall be notified…