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1 chapters · 624 sections in this title.
Mich. Comp. Laws § 760.1 Code of criminal procedure; short title.
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Sec. 1. This act shall be known and may be cited as "The Code of Criminal Procedure".
Mich. Comp. Laws § 760.2 Construction of act.
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Sec. 2. This act is hereby declared to be remedial in character and as such shall be liberally construed to effectuate the intents and purposes thereof.
Mich. Comp. Laws § 761.1 Definitions.
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Sec. 1. As used in this act: (a) "Act" or "doing of an act" includes an omission to act. (b) "Clerk" means the clerk or a deputy clerk of the court. (c) "Complaint" means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has …
Mich. Comp. Laws § 761.2 “Major controlled substance offense” defined.
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Sec. 2. As used in this act, "major controlled substance offense" means either or both of the following: (a) A violation of section 7401(2)(a) of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7401 of the Michigan Compiled Laws. (b) A violation …
Mich. Comp. Laws § 762.1 Jurisdiction; existing courts and persons.
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Sec. 1. The various courts and persons of this state now having jurisdiction and powers over criminal causes, shall have such jurisdiction and powers as are now conferred upon them by law, except as such jurisdiction and powers may be hereinafter repealed, enlarged or modified.
Mich. Comp. Laws § 762.10 Jurisdiction; embezzlement.
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Sec. 10. In all prosecutions for the crime of embezzlement said offense may be prosecuted either in the jurisdiction in which the property is received by the person charged or the jurisdiction in which it was the duty of such person to deliver, re-deliver or return said property.
Mich. Comp. Laws § 762.10a Violation of MCL 750.219a and 750.540g; jurisdiction.
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Sec. 10a. A violation of section 219a or 540g of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.219a and 750.540g of the Michigan Compiled Laws, may be prosecuted in the jurisdiction in which the telecommunication or telecommunications service…
Mich. Comp. Laws § 762.10b Violation of MCL 752.791 to 752.797; jurisdiction.
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Sec. 10b. If a person violates Act No. 53 of the Public Acts of 1979, being sections 752.791 to 752.797 of the Michigan Compiled Laws, by accessing or causing access to be made to a computer, computer program, computer system, or computer network in 1 jurisdiction from another ju…
Mich. Comp. Laws § 762.10c Identity theft; prosecution; jurisdiction.
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Sec. 10c. (1) Except as otherwise provided in subsection (3), conduct prohibited by law, or former law, and listed in subsection (2) may be prosecuted in 1 of the following jurisdictions: (a) The jurisdiction in which the offense occurred. (b) The jurisdiction in which the inform…
Mich. Comp. Laws § 762.10d Bench warrants; voluntary presentment; arraignment process; exceptions; definitions.
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Sec. 10d. (1) Except in cases in which the person is alleged to have committed an assaultive crime or an offense involving domestic violence, a person who is wanted on a bench warrant or a warrant of arrest who voluntarily goes to the court that issued the warrant within 1 year o…
Mich. Comp. Laws § 762.11 Criminal offense by individual between ages 17 and 24 before October 1, 2021 and 18 and 26 beginning October 1, 2021; assignment to status of youthful trainee; consent of prosecuting attorney; exceptions; employment or school attendance; electronic monitoring; definitions.
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Sec. 11. (1) Until October 1, 2021 and except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual's seventeenth birthday but before his or her twenty-fourth birthday, the court of record having jurisdi…
Mich. Comp. Laws § 762.12 Termination or revocation as youthful trainee; effect.
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Sec. 12. (1) Subject to subsection (2), the court of record having jurisdiction over the criminal offense referred to in section 11 of this chapter may, at any time, terminate its consideration of the individual as a youthful trainee or, once having assigned the individual to the…
Mich. Comp. Laws § 762.13 Assignment as youthful trainee; duties of court; fees; waiver of fee; "electronic monitoring device" defined.
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Sec. 13. (1) If an individual is assigned to the status of a youthful trainee and the underlying charge is an offense punishable by imprisonment for a term of more than 1 year, the court shall do 1 of the following: (a) Except as provided in subsection (2), commit the individual …
Mich. Comp. Laws § 762.14 Discharge of individual and dismissal of proceedings upon final release; assignment as youthful trainee not conviction; compliance with sex offenders registration; proceedings closed to public inspection; inspection by courts, state departments, and law enforcement personnel.
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Sec. 14. (1) If consideration of an individual as a youthful trainee is not terminated and the status of youthful trainee is not revoked as provided in section 12 of this chapter, upon final release of the individual from the status as youthful trainee, the court shall discharge …
Mich. Comp. Laws § 762.15 Applicability to individuals over fourteen.
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Sec. 15. This chapter also applies to an individual over 14 years of age whose jurisdiction has been waived under section 27 of chapter IV.
Mich. Comp. Laws § 762.16 Holmes youthful trainee act; short title.
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Sec. 16. Sections 11 to 15 shall be known as the "Holmes youthful trainee act."
Mich. Comp. Laws § 762.1a Justices and judges as conservators of the peace.
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Sec. 1a. Justices of the supreme court, judges of the court of appeals, judges of the circuit court, judges of the recorder's court of the city of Detroit, judges of the traffic and ordinance division of the recorder's court of the city of Detroit, judges of a common pleas court,…
Mich. Comp. Laws § 762.2 In-state prosecution for criminal offense; circumstances.
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Sec. 2. (1) A person may be prosecuted for a criminal offense he or she commits while he or she is physically located within this state or outside of this state if any of the following circumstances exist: (a) He or she commits a criminal offense wholly or partly within this stat…
Mich. Comp. Laws § 762.3 Jurisdiction; offenses near county lines.
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Sec. 3. (1) Any offense committed on the boundary line of 2 counties, or within 1 mile of the dividing line between them, may be alleged in the indictment to have been committed, and may be prosecuted and punished in either county. (2) If it appears to the attorney general that a…
Mich. Comp. Laws § 762.4 Jurisdiction; court of record; offense near boundary line.
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Sec. 4. Whenever any court of record having criminal jurisdiction, the boundaries of whose jurisdiction as fixed by statute are not coincident with the boundary lines of a county or counties, shall take jurisdiction or have pending before it any trial or cause arising out of the …
Mich. Comp. Laws § 762.5 Jurisdiction; fatal force and death in different counties.
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Sec. 5. If any mortal wound shall be given or other violence or injury shall be inflicted, or any poison shall be administered in 1 county by means whereof death shall ensue in another county, the offense may be prosecuted and punished in either county.
Mich. Comp. Laws § 762.6 Jurisdiction; fatal force inflicted on high seas or navigable rivers.
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Sec. 6. If any such mortal wound shall be given, or other violence or injury shall be inflicted or poison administered on the high seas, or in any other navigable waters, or on land, either within or without the limits of this state, by means whereof death shall ensue in any coun…
Mich. Comp. Laws § 762.7 Jurisdiction; change of venue, procedure; saving clause.
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Sec. 7. Each court of record having jurisdiction of criminal cases upon good cause shown by either party may change the venue in any cause pending therein, and direct the issue to be tried in the circuit court of another county, and make all necessary rules and orders for the cer…
Mich. Comp. Laws § 762.8 Jurisdiction; felony consisting of 2 or more acts.
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Sec. 8. Whenever a felony consists or is the culmination of 2 or more acts done in the perpetration of that felony, the felony may be prosecuted in any county where any of those acts were committed or in any county that the defendant intended the felony or acts done in perpetrati…
Mich. Comp. Laws § 762.9 Jurisdiction; felony on moving vessel or vehicle.
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Sec. 9. Whenever a felony has been committed on a railroad train, automobile, aircraft, vessel or other moving vehicle, said offense may be prosecuted in any county, city or jurisdiction in which such conveyance was during the journey in the course of which said offense was commi…
Mich. Comp. Laws § 763.1 Rights of accused; hearing by counsel, defense, confronting witnesses.
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Sec. 1. On the trial of every indictment or other criminal accusation, the party accused shall be allowed to be heard by counsel and may defend himself, and he shall have a right to produce witnesses and proofs in his favor, and meet the witnesses who are produced against him fac…
Mich. Comp. Laws § 763.10 Requirement as directive and not right conferred on individual.
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Sec. 10. A failure to comply with sections 8 and 9 of this chapter does not create a civil cause of action against a department or individual. The requirement in section 8 of this chapter to produce a major felony recording is a directive to departments and law enforcement offici…
Mich. Comp. Laws § 763.11 Duties of Michigan commission on law enforcement standards; appropriation of funds; implementation of MCL 763.7 to 763.10; compliance.
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Sec. 11. (1) The Michigan commission on law enforcement standards created under section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603, shall set quality standards for the audiovisual recording of statements under section 8 of this chapter …
Mich. Comp. Laws § 763.2 Conviction; bases.
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Sec. 2. No person charged with an offense shall be convicted thereof unless by confession of his guilt in open court or by admitting the truth of the charge against him or after trial by the court or by the verdict of a jury accepted and recorded by the court.
Mich. Comp. Laws § 763.3 Waiver of trial by jury in criminal cases.
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Sec. 3. (1) In all criminal cases arising in the courts of this state the defendant may, with the consent of the prosecutor and approval by the court, waive a determination of the facts by a jury and elect to be tried before the court without a jury. Except in cases of minor offe…
Mich. Comp. Laws § 763.4 Waiver of trial by jury; jurisdiction of judge, procedure.
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Sec. 4. In any case where a defendant waives his right to a trial by jury and elects to be tried by the judge of such court as provided in section 3 of this chapter any judge of the court in which said cause is pending shall have jurisdiction to proceed with the trial of said cau…
Mich. Comp. Laws § 763.5 Acquittal on facts and merits as bar to subsequent prosecution.
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Sec. 5. No person shall be held to answer on a second charge or indictment for any offense for which he has been acquitted upon the facts and merits of the former trial but such acquittal may be pleaded or given in evidence by him in bar of any subsequent prosecution for the same…
Mich. Comp. Laws § 763.6 Acquittal on variance, insufficiency or irregularity of indictment as bar to subsequent prosecution.
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Sec. 6. If any person who is indicted or informed against for any offense shall on his trial be acquitted upon the grounds of a variance between the indictment or information and the proof or upon any insufficiency or irregularity in the form or substance of the indictment, he ma…
Mich. Comp. Laws § 763.7 Definitions.
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Sec. 7. As used in this section and sections 8 to 10 of this chapter: (a) "Custodial detention" means an individual's being in a place of detention because a law enforcement official has told the individual that he or she is under arrest or because the individual, under the total…
Mich. Comp. Laws § 763.8 Audiovisual recording of interrogation.
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Sec. 8. (1) This section applies if the law enforcement agency has audiovisual recording equipment that is operational or accessible as provided in section 11(3) or (4) or upon the expiration of the relevant time periods set forth in section 11(3) or (4), whichever occurs first. …
Mich. Comp. Laws § 763.9 Failure to record or preserve recorded statement.
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Sec. 9. Any failure to record a statement as required under section 8 of this chapter or to preserve a recorded statement does not prevent any law enforcement official present during the taking of the statement from testifying in court as to the circumstances and content of the i…
Mich. Comp. Laws § 764.1 Issuance of processes; authorization for issuance of warrant or summons; exception; making complaint for arrest warrant or summons by electronic or electromagnetic means; proof of signing; location.
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Sec. 1. (1) For the apprehension or summons of persons charged with a felony, misdemeanor, or ordinance violation, a judge or district court magistrate may issue processes to implement this chapter, except that a judge or district court magistrate shall not issue a warrant or sum…
Mich. Comp. Laws § 764.13 Arrest without warrant; taking arrested person before magistrate of judicial district in which offense charged to have been committed; complaint.
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Sec. 13. A peace officer who has arrested a person for an offense without a warrant shall without unnecessary delay take the person arrested before a magistrate of the judicial district in which the offense is charged to have been committed, and shall present to the magistrate a …
Mich. Comp. Laws § 764.14 Arrest by private person; disposition of arrested person; complaint.
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Sec. 14. A private person who has made an arrest shall without unnecessary delay deliver the person arrested to a peace officer, who shall without unnecessary delay take that person before a magistrate of the judicial district in which the offense is charged to have been committe…
Mich. Comp. Laws § 764.15 Arrest by officer without warrant; situations; circumstances.
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Sec. 15. (1) A peace officer, without a warrant, may arrest a person in any of the following situations: (a) A felony, misdemeanor, or ordinance violation is committed in the peace officer's presence. (b) The person has committed a felony although not in the peace officer's prese…
Mich. Comp. Laws § 764.15a Arrest without warrant for assault of individual having child in common, household resident, dating relationship, or spouse or former spouse.
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Sec. 15a. A peace officer may arrest an individual for violating section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a local ordinance substantially corresponding to section 81 of that act regardless of whether the peace officer has a warrant or …
Mich. Comp. Laws § 764.15b Arrest without warrant for violation of personal protection order; answering to charge of contempt; hearing; bond; show cause order; jurisdiction to conduct contempt proceedings; prosecution of criminal contempt; prohibited actions by court; definitions.
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Sec. 15b. (1) A peace officer, without a warrant, may arrest and take into custody an individual when the peace officer has or receives positive information that another peace officer has reasonable cause to believe all of the following apply: (a) A personal protection order has …
Mich. Comp. Laws § 764.15c Investigation or intervention in domestic violence dispute; providing victim with notice of rights; address confidentiality program; report; retention and filing of report; development of standard domestic violence incident report form; definitions.
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Sec. 15c. (1) After investigating or intervening in a domestic violence incident, a peace officer shall provide the victim with a copy of the notice in this section. (2) The notice under subsection (1) must be written and, subject to subsection (3), must include all of the follow…
Mich. Comp. Laws § 764.15d Federal law enforcement officer; powers.
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Sec. 15d. (1) A federal law enforcement officer may enforce state law to the same extent as a state or local officer only if all of the following conditions are met: (a) The officer is authorized under federal law to arrest a person, with or without a warrant, for a violation of …
Mich. Comp. Laws § 764.15e Violation of condition of release; arrest without warrant; duties of peace officer; release on interim bond; priority to certain cases; hearing and revocation procedures.
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Sec. 15e. (1) A peace officer, without a warrant, may arrest and take into custody a defendant whom the peace officer has or receives positive information that another peace officer has reasonable cause to believe is violating or has violated a condition of release imposed under …
Mich. Comp. Laws § 764.15f Violation of order issued by probate court or family division of circuit court; arrest without warrant; duties of police officer and court; authority of judge to arraign, take plea, or sentence; judge not available; entering order into or removing from law enforcement information network.
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Sec. 15f. (1) A peace officer, without a warrant, may arrest and take into custody a person if the peace officer has reasonable cause to believe all of the following exist: (a) The probate court before January 1, 1998 or the family division of circuit court on or after January 1,…
Mich. Comp. Laws § 764.15g Determination that person arrested is parolee; notice to department of corrections; compliance.
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Sec. 15g. (1) When a person is arrested and taken into custody with or without a warrant as allowed under this chapter, the peace officer who made the arrest, the law enforcement agency employing that officer, or a central dispatch service for the law enforcement agency shall pro…
Mich. Comp. Laws § 764.15h Investigation of financial neglect, abuse or harm of a vulnerable adult or elder adult; definitions.
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Sec. 15h. (1) After responding to an incident involving alleged physical abuse of a vulnerable adult or elder adult, a peace officer may also investigate for financial neglect, abuse, or harm. (2) As used in this section: (a) "Elder adult" means an adult who is 65 years of age or…
Mich. Comp. Laws § 764.16 Arrest by private person; situations.
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Sec. 16. A private person may make an arrest—in the following situations: (a) For a felony committed in the private person's presence. (b) If the person to be arrested has committed a felony although not in the private person's presence. (c) If the private person is summoned by a…
Mich. Comp. Laws § 764.17 Arrest; time.
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Sec. 17. An arrest may be made on any day at any time of the day or night.