MACOMB COUNTY BAR ASSOCIATION

Transcription

1 MACOMB COUNTY BAR ASSOCIATION The New Preliminary Examination Law MITCHELL FOSTER Milford, Michigan January, 0

2 PRELIMINARY EXAMINATIONS: PERILS (many) AND OPPORTUNITIES (some) IN A NEW ERA By: John A. Shea Ann Arbor, MI Mitchell T. Foster Milford, MI I. History of PE reform in MI A. Annual attempts to limit or outright repeal PEs, (Cropsey/Cox initiatives) B. Snyder identifies reform as criminal justice system priority in 0 C. Workgroup of judges and law enforcement formed in summer 0; HB / results. D. CDAM/SBM input not solicited until November 0, after HB / introduced.. CDAM formed their own workgroup to review/suggest amendments. Some changes were made as a result of CDAM s input. Some further erosions to PEs suggested by PAAM were beaten back E. HB / passes as amended, became EFFECTIVE JANUARY, 0 II. What s New A. Mandatory Probable Cause Conferences. May be waived by agreement of the parties. If PCC waived, parties must advise court whether PE will be held/waived, or plea.

3 . Unless PCC waived, held - days from arraignment on complaint.. If held, subjects for PCC include: plea discussions bond modification stipulations other relevant matters. PE, if to be held, scheduled w/in - days from PCC unless court grants later date for good cause B. District Court may accept felony plea, conduct AOI. If plea tendered, sentencing is by assigned circuit court judge whose identity is disclosed prior to Defendant tendering plea C. Prosecutor may elect to present victim testimony at PCC. DANGER: If district judge believes victim testimony is sufficient, may bind over on that alone. Even absent bindover, victim cannot be recalled at PE absent good cause. D. Video/audio testimony permitted (expanded from prior law). Exceptions: complaining witness, eyewitness, cop taking D statement. Only video recorded testimony may be used later at trial E. Documents hearsay permitted in part (expanded from prior law/rule). Results of properly performed lab tests, certified copies of public records, business records, reports by law enforcement or other public agency except police investigation report, to include arson, ME, and lab reports.. Applies to both sides--defense may introduce as well. If a party seeks to introduce such documents, other side may subpoena and present the author of the document on a satisfactory showing that live testimony will be relevant to the bindover decision.

4 III. Implications for Defense Practice A. Prior to the PCC, counsel must get up to speed quickly --Obtain/review discovery --Meet the client ahead of time --Determine plea negotiation strategy, if any --If a PE needs to be held, identify time needed to prepare for same --Contact prosecutor to determine if victim will testify at PCC B. At the PCC, be prepared to discuss: --Negotiated outcomes, prosecutor theories, etc. This is an opportunity to learn more about the prosecutor s case, and faster. --Missing discovery. --Proposed witnesses to testify remotely; BE PREPARED TO OBJECT WHERE APPROPRIATE, AND TO DISCUSS issues related to how the recording system works, use of exhibits, impeachment problems, etc. --Documents hearsay proposed to be offered; CONSIDER OBJECTING WHERE APPROPRIATE, e.g. where you think the document is not in fact a business record, or the lab test was not properly performed, or the document contains hearsay-within-hearsay. CONSIDER ALSO whether to discuss your intention to have the witness testify live and why. --If the prosecutor proposes to take testimony from the victim at the PCC, BE PREPARED TO OBJECT if you have not had adequate time to prepare, e.g. you will be ineffective if forced to cross-examine the victim while unprepared; ask at least for a continuance (on Sixth Amendment grounds) to cross the victim later. C. At the PE itself. Know the rules about what witnesses may testify by remote; USE TO YOUR ADVANTAGE WHERE YOU CAN.. Ditto the documents hearsay rules.. BE JUDICIOUS in asking to call a hearsay witness live --E.g. in a D/D causing death case, you may need to call the accident reconstruction cop if causation is at issue, but not the ME; or, if you think the

5 accident was unavoidable b/c of some profound impairment of the decedent, vice versa; exercise appropriate discretion if you expect the judge to listen.. OBJECT if inadequate time to prepare or to cross a PE witness, exp. if that witness is a victim called immediately following the PCC --Make record to preserve the trial objection if the witness is unavailable then. D. Adjournments/Continuances. PCC: none contemplated in the statute; be creative.. PE itself: same rules apply as at present. By stip, or for good cause. IV. Making the Appellate Record A. Presenting a Defense. Discovery: object if you don t get all that you have coming. Hearsay witnesses: make the clear record why necessary. Hearsay documents: object if the document doesn t qualify B. Confrontation --No constitutional right to a PE, so, strictly speaking, there s no Constitutional right to cross-examine witnesses, but you still have to press if only to preserve the right to object to introduction of PE testimony at trial. (As noted above, this is esp. important if the APA seeks to put on a victim following the PCC.) --Be creative: even if no A confrontation at PE, think about general public policy underlying effective PEs, and even grounds in the state constitution if applicable. C. Effective assistance of counsel. Adequate time to prepare for the PCC and the PE itself. Adequate resources for appointed counsel given the speed with which counsel must prepare and the additional analyses counsel must make

6 . Adequate opportunity to engage witnesses testifying remotely, esp. for impeachment D. Use interlocutory appeals where necessary, including to COA V. Next Steps for the New System Who knows how future legislators will try and further modify PE procedures. To try and stay ahead of things, CDAM would like to hear from you about issues you are facing in the new system, particularly recurring ones, as well as what you learn from prosecutors and judges about their sentiments. CDAM () -0 John A. Shea () - (legislative issues) Mitchell T. Foster () -00

7 HB-, As Passed House, May, 0HB-, As Passed Senate, May, 0 SENATE SUBSTITUTE FOR HOUSE BILL NO. A bill to amend PA, entitled "The code of criminal procedure," by amending sections,,, a, b, and of chapter VI (MCL.,.,.,.a,.b, and.), section as amended by PA, section a as added by 00 PA 0, and section b as added by 00 PA. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: CHAPTER VI Sec.. The state and accused shall be THE DEFENDANT ARE entitled to a prompt examination and determination by the examining magistrate in all criminal causes and it is hereby made the duty of all courts and public officers having duties to perform in connection with such AN examination, to bring them IT to a final determination without delay except as it may be necessary to secure H00' (S-) TVD

8 0 0 to the accused DEFENDANT a fair and impartial examination. A DISTRICT COURT MAGISTRATE APPOINTED UNDER CHAPTER OF THE REVISED JUDICATURE ACT OF, PA, MCL 00.0 TO 00., SHALL NOT PRESIDE AT A PRELIMINARY EXAMINATION OR ACCEPT A PLEA OF GUILTY OR NOLO CONTENDERE TO AN OFFENSE OR IMPOSE A SENTENCE EXCEPT AS OTHERWISE AUTHORIZED BY SECTION (A), (B), OR (C) OF THE REVISED JUDICATURE ACT OF, PA, MCL 00.. Sec.. () Except as provided in section of chapter XIIA of Act No. of the Public Acts of, being section A. of the Michigan Compiled Laws, THE PROBATE CODE OF, PA, MCL A., the magistrate before whom any person is arraigned on a charge of having committed a felony shall set a day DATE FOR A PROBABLE CAUSE CONFERENCE TO BE HELD NOT LESS THAN DAYS OR MORE THAN DAYS AFTER THE DATE OF THE ARRAIGNMENT, AND A DATE for a preliminary examination OF not exceeding LESS THAN DAYS OR MORE THAN days after the arraignment. DATE OF THE PROBABLE CAUSE CONFERENCE. THE DATES FOR THE PROBABLE CAUSE CONFERENCE AND PRELIMINARY EXAMINATION SHALL BE SET AT THE TIME OF ARRAIGNMENT. THE PROBABLE CAUSE CONFERENCE SHALL INCLUDE THE FOLLOWING: (A) DISCUSSIONS AS TO A POSSIBLE PLEA AGREEMENT AMONG THE PROSECUTING ATTORNEY, THE DEFENDANT, AND THE ATTORNEY FOR THE DEFENDANT. (B) DISCUSSIONS REGARDING BAIL AND THE OPPORTUNITY FOR THE DEFENDANT TO PETITION THE MAGISTRATE FOR A BOND MODIFICATION. (C) DISCUSSIONS REGARDING STIPULATIONS AND PROCEDURAL ASPECTS OF THE CASE. (D) DISCUSSIONS REGARDING ANY OTHER MATTERS RELEVANT TO THE H00' (S-) TVD

9 0 0 CASE AS AGREED UPON BY BOTH PARTIES. () THE PROBABLE CAUSE CONFERENCE MAY BE WAIVED BY AGREEMENT BETWEEN THE PROSECUTING ATTORNEY AND THE ATTORNEY FOR THE DEFENDANT. THE PARTIES SHALL NOTIFY THE COURT OF THE WAIVER AGREEMENT AND WHETHER THE PARTIES WILL BE CONDUCTING A PRELIMINARY EXAMINATION, WAIVING THE EXAMINATION, OR ENTERING A PLEA. () A DISTRICT JUDGE HAS THE AUTHORITY TO ACCEPT A FELONY PLEA. A DISTRICT JUDGE SHALL TAKE A PLEA TO A MISDEMEANOR OR FELONY AS PROVIDED BY COURT RULE IF A PLEA AGREEMENT IS REACHED BETWEEN THE PARTIES. SENTENCING FOR A FELONY SHALL BE CONDUCTED BY A CIRCUIT JUDGE, WHO SHALL BE ASSIGNED AND WHOSE NAME SHALL BE AVAILABLE TO THE LITIGANTS, PURSUANT TO COURT RULE, BEFORE THE PLEA IS TAKEN. () IF A PLEA AGREEMENT IS NOT REACHED AND IF THE PRELIMINARY EXAMINATION IS NOT WAIVED BY THE DEFENDANT WITH THE CONSENT OF THE PROSECUTING ATTORNEY, A PRELIMINARY EXAMINATION SHALL BE HELD AS SCHEDULED UNLESS ADJOURNED OR WAIVED UNDER SECTION OF THIS CHAPTER. THE PARTIES, WITH THE APPROVAL OF THE COURT, MAY AGREE TO SCHEDULE THE PRELIMINARY EXAMINATION EARLIER THAN DAYS AFTER THE CONFERENCE. UPON THE REQUEST OF THE PROSECUTING ATTORNEY, HOWEVER, THE PRELIMINARY EXAMINATION SHALL COMMENCE IMMEDIATELY FOR THE SOLE PURPOSE OF TAKING AND PRESERVING THE TESTIMONY OF A VICTIM IF THE VICTIM IS PRESENT. FOR PURPOSES OF THIS SUBDIVISION, "VICTIM" MEANS AN INDIVIDUAL WHO SUFFERS DIRECT OR THREATENED PHYSICAL, FINANCIAL, OR EMOTIONAL HARM AS A RESULT OF THE COMMISSION OF A CRIME. IF THAT TESTIMONY IS INSUFFICIENT TO ESTABLISH PROBABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED THE CHARGED CRIME OR CRIMES, THE H00' (S-) TVD

10 0 0 MAGISTRATE SHALL ADJOURN THE PRELIMINARY EXAMINATION TO THE DATE SET AT ARRAIGNMENT. A VICTIM WHO TESTIFIES UNDER THIS SUBDIVISION SHALL NOT BE CALLED AGAIN TO TESTIFY AT THE ADJOURNED PRELIMINARY EXAMINATION ABSENT A SHOWING OF GOOD CAUSE. () IF OR MORE DEFENDANTS HAVE BEEN CHARGED ON COMPLAINTS LISTING CODEFENDANTS WITH A FELONY OR FELONIES, THE PROBABLE CAUSE CONFERENCE AND PRELIMINARY EXAMINATION FOR THOSE DEFENDANTS WHO HAVE BEEN ARRESTED AND ARRAIGNED AT LEAST HOURS BEFORE THAT CONFERENCE ON THOSE CHARGES SHALL BE CONSOLIDATED, AND ONLY JOINT CONFERENCE OR JOINT PRELIMINARY EXAMINATION SHALL BE HELD UNLESS THE PROSECUTING ATTORNEY CONSENTS TO A SEVERANCE, A DEFENDANT SEEKS SEVERANCE BY MOTION AND THE MAGISTRATE FINDS SEVERANCE TO BE REQUIRED BY LAW, OR OF THE DEFENDANTS IS UNAVAILABLE AND DOES NOT APPEAR AT THE HEARING. () At the preliminary examination, a magistrate shall examine the complainant and the witnesses in support of the prosecution, on oath and, except as provided in section of the revised judicature act of, Act No. of the Public Acts of, being section 00. of the Michigan Compiled Laws, SECTIONS A AND B OF THIS CHAPTER, in the presence of the accused, DEFENDANT, in regard to CONCERNING the offense charged and in regard to any other matters connected with the charge that the magistrate considers pertinent. Sec.. A magistrate may adjourn a preliminary examination for a felony to a place in the county as the magistrate deems DETERMINES IS necessary. The accused DEFENDANT may in the meantime be committed either to the county jail or to the custody of the H00' (S-) TVD

11 0 0 officer by whom he OR SHE was arrested or to any other officer; or, unless he THE DEFENDANT is charged with treason or murder, he THE DEFENDANT may be admitted to bail. THE DEFENDANT MAY WAIVE THE PRELIMINARY EXAMINATION WITH THE CONSENT OF THE PROSECUTING ATTORNEY. An adjournment, continuance, or delay of a preliminary examination shall not MAY be granted by a magistrate except WITHOUT THE CONSENT OF THE DEFENDANT OR THE PROSECUTING ATTORNEY for good cause shown. A magistrate shall not MAY adjourn, continue, or delay the examination of any cause by WITH the consent of the prosecution and accused unless in his discretion it shall clearly appear by a sufficient showing to the magistrate to be entered upon the record that the reasons for such consent are founded upon strict necessity and that the examination of the cause cannot then be had, or a manifest injustice will be done. DEFENDANT AND PROSECUTING ATTORNEY. An action on the part of the magistrate in adjourning or continuing any case, shall DOES not cause the magistrate to lose jurisdiction of the case. Sec. a. On motion of either party, the magistrate may SHALL permit the testimony of an expert witness or, upon a showing of good cause, any witness, EXCEPT THE COMPLAINING WITNESS, AN ALLEGED EYEWITNESS, OR A LAW ENFORCEMENT OFFICER TO WHOM THE DEFENDANT IS ALLEGED TO HAVE MADE AN INCRIMINATING STATEMENT, to be conducted by means of telephonic, voice, or video conferencing. THE TESTIMONY TAKEN BY VIDEO CONFERENCING SHALL BE ADMISSIBLE IN ANY SUBSEQUENT TRIAL OR HEARING AS OTHERWISE PERMITTED BY LAW. Sec. b. () THE RULES OF EVIDENCE APPLY AT THE PRELIMINARY EXAMINATION EXCEPT THAT THE FOLLOWING ARE NOT EXCLUDED BY THE RULE H00' (S-) TVD

12 House Bill No. as amended March, 0 0 AGAINST HEARSAY AND SHALL BE ADMISSIBLE AT THE PRELIMINARY EXAMINATION WITHOUT REQUIRING THE TESTIMONY OF THE AUTHOR OF THE REPORT, KEEPER OF THE RECORDS, OR ANY ADDITIONAL FOUNDATION OR AUTHENTICATION: (A) () Evidence A REPORT of the results of properly performed drug analysis field testing is admissible in a preliminary examination solely to establish that the substance tested is a controlled substance. () Evidence of the results of properly performed drug analysis field testing is sufficient to establish that the substance tested is a controlled substance for purposes of a preliminary examination. (B) A <<CERTIFIED>> COPY OF ANY WRITTEN OR ELECTRONIC ORDER, JUDGMENT, DECREE, DOCKET ENTRY, REGISTER OF ACTIONS, OR OTHER RECORD OF ANY 0 COURT OR GOVERNMENTAL AGENCY OF THIS STATE. (C) A REPORT OTHER THAN A LAW ENFORCEMENT REPORT THAT IS MADE OR KEPT IN THE ORDINARY COURSE OF BUSINESS. (D) EXCEPT FOR THE POLICE INVESTIGATIVE REPORT, A REPORT PREPARED BY A LAW ENFORCEMENT OFFICER OR OTHER PUBLIC AGENCY. REPORTS PERMITTED UNDER THIS SUBDIVISION INCLUDE, BUT ARE NOT LIMITED TO, A REPORT OF THE FINDINGS OF A TECHNICIAN OF THE DIVISION OF THE DEPARTMENT OF STATE POLICE CONCERNED WITH FORENSIC SCIENCE, A LABORATORY REPORT, A MEDICAL REPORT, A REPORT OF AN ARSON INVESTIGATOR, AND AN AUTOPSY REPORT. () THE MAGISTRATE SHALL ALLOW THE PROSECUTING ATTORNEY OR THE DEFENSE TO SUBPOENA AND CALL A WITNESS FROM WHOM HEARSAY TESTIMONY WAS INTRODUCED UNDER THIS SECTION ON A SATISFACTORY SHOWING TO THE H00' (S-) TVD

13 House Bill No. as amended May, MAGISTRATE THAT LIVE TESTIMONY WILL BE RELEVANT TO THE MAGISTRATE'S DECISION WHETHER THERE IS PROBABLE CAUSE TO BELIEVE THAT A FELONY HAS BEEN COMMITTED AND PROBABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED THE FELONY. () As used in this section, "controlled substance" means that term as defined under section 0 of the public health code, PA, MCL.0. () This section applies to preliminary examinations that begin on or after the effective date of the amendatory act that added this section. Sec.. If it shall appear to the magistrate DETERMINES at the conclusion of the preliminary examination either that an offense A FELONY has not been committed or that there is not probable cause for charging the defendant therewith, he shall WITH COMMITTING A FELONY, THE MAGISTRATE SHALL EITHER discharge such THE defendant OR REDUCE THE CHARGE TO AN OFFENSE THAT IS NOT A FELONY. If it shall appear to the magistrate DETERMINES at the conclusion of the preliminary examination that a felony has been committed and THAT there is probable cause for charging the defendant therewith, WITH COMMITTING A FELONY, the magistrate shall forthwith bind the defendant to appear WITHIN DAYS FOR ARRAIGNMENT before the circuit court of such THAT county, or other court having jurisdiction of the cause, for trial.the MAGISTRATE MAY CONDUCT THE CIRCUIT COURT ARRAIGNMENT AS PROVIDED BY COURT RULE. Enacting section. This amendatory act applies to cases in which the defendant is arraigned in district court or municipal court on or after <<January, 0>>. H00' (S-) TVD

14 Enacting section. This amendatory act does not take effect unless House Bill No. of the th Legislature is enacted into law. H00' (S-) Final Page TVD

15 HB-, As Passed House, May, 0HB-, As Passed Senate, May, 0 HOUSE BILL No. HOUSE BILL No. November, 0, Introduced by Reps. Walsh and Leonard and referred to the Committee on Judiciary. A bill to amend PA, entitled "Revised judicature act of," by amending sections and (MCL 00. and 00.), section as amended by 00 PA ; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: HOUSE BILL No. Sec.. The district court shall have HAS jurisdiction of ALL OF THE FOLLOWING: (a) Misdemeanors punishable by a fine or imprisonment not exceeding year, or both. (b) Ordinance and charter violations punishable by a fine or imprisonment, or both. (c) Arraignments, the fixing of bail and the accepting of 000' TLG

16 0 0 bonds. (D) PROBABLE CAUSE CONFERENCES IN ALL FELONY CASES AND MISDEMEANOR CASES NOT COGNIZABLE BY THE DISTRICT COURT AND ALL MATTERS ALLOWED AT THE PROBABLE CAUSE CONFERENCE UNDER SECTION OF CHAPTER VI OF THE CODE OF CRIMINAL PROCEDURE, PA, MCL.. (E) (d) Preliminary examinations in all felony cases and misdemeanor cases not cognizable by the district court, but there AND ALL MATTERS ALLOWED AT THE PRELIMINARY EXAMINATION UNDER CHAPTER VI OF THE CODE OF CRIMINAL PROCEDURE, PA, MCL. TO.. THERE shall not be a preliminary examination for any misdemeanor to be tried in a district court. (F) CIRCUIT COURT ARRAIGNMENTS IN ALL FELONY CASES AND MISDEMEANOR CASES NOT COGNIZABLE BY THE DISTRICT COURT UNDER SECTION OF CHAPTER VI OF THE CODE OF CRIMINAL PROCEDURE, PA, MCL.. SENTENCING FOR FELONY CASES AND MISDEMEANOR CASES NOT COGNIZABLE BY THE DISTRICT COURT SHALL BE CONDUCTED BY A CIRCUIT JUDGE. Sec.. A district court magistrate has the following jurisdiction and duties: (a) To arraign and sentence upon pleas of guilty or nolo contendere for violations of the following acts or parts of acts, or a local ordinance substantially corresponding to these acts or parts of acts, when authorized by the chief judge of the district court district, and if the maximum permissible punishment does not exceed 0 days in jail or a fine, or both: (i) Part of the natural resources and environmental 000' TLG

17 0 0 protection act, PA, MCL.0 to.0. (ii) Part 0 of the natural resources and environmental protection act, PA, MCL.00 to (iii) Part 0 of the natural resources and environmental protection act, PA, MCL.00 to.0. (iv) The motor carrier act, PA, MCL. to.. (v) Motor carrier safety act of, PA, MCL 0. to 0.. (vi) Dog law of, PA, MCL. to.0. (vii) Section 0 or of the Michigan liquor control code of, PA, MCL.0 and.. (viii) Part of the natural resources and environmental protection act, PA, MCL.0 to... (ix) Part of the natural resources and environmental protection act, PA, MCL.0 to.0. (x) Part of the natural resources and environmental protection act, PA, MCL.0 to.. (xi) Part of the natural resources and environmental protection act, PA, MCL.0 to.. (xii) Chapter LXXXV of the Michigan penal code, PA, MCL 0. to 0..0.C. (b) To arraign and sentence upon pleas of guilty or nolo contendere for violations of the Michigan vehicle code, PA 00, MCL. to., or a local ordinance substantially corresponding to a provision of the Michigan vehicle code, PA 00, MCL. to., except for violations of sections and m of the Michigan vehicle code, PA 00, MCL. and 000' TLG

18 0 0.m, or a local ordinance substantially corresponding to section or m of the Michigan vehicle code, PA 00, MCL. and.m, when IF authorized by the chief judge of the district court district and if the maximum permissible punishment does not exceed days in jail or a fine, or both. However, the CHIEF JUDGE MAY AUTHORIZE THE magistrate may have the jurisdiction to arraign defendants and set bond with regard to violations of sections and m of the Michigan vehicle code, PA 00, MCL. and.m, or a local ordinance substantially corresponding to section or m of the Michigan vehicle code, PA 00, MCL. and.m. (c) To arraign and sentence upon pleas of guilty or nolo contendere for violations of part or of the natural resources and environmental protection act, PA, MCL.0 to.0 and.0 to.0, or a local ordinance substantially corresponding to a provision of part or of the natural resources and environmental protection act, PA, MCL.0 to.0 and.0 to.0, except for violations of sections,,, and of the natural resources and environmental protection act, PA, MCL.,.,., and., or a local ordinance substantially corresponding to sections,,, and of the natural resources and environmental protection act, PA, MCL.,.,., and., when IF authorized by the chief judge of the district court district and if the maximum permissible punishment does not exceed days in jail or a fine, or both. However, THE 000' TLG

19 0 0 CHIEF JUDGE MAY AUTHORIZE the magistrate may have the jurisdiction to arraign defendants and set bond with regard to violations of sections,,, and of the natural resources and environmental protection act, PA, MCL.,.,., and.. (d) To arraign, when IF authorized by the chief judge of the district court district, for a contempt violation or a violation of a condition of probation when IF either arises directly out of a case for which a judge or district court magistrate conducted the arraignment under subdivision (a), (b), or (c), or the first appearance under section, involving the same defendant. This subdivision applies only to offenses punishable by imprisonment for not more than year or a fine, or both. The district court magistrate may set bond and accept a plea but may SHALL not conduct a violation hearing or sentencing. (e) To issue warrants for the arrest of a person upon the written authorization of the prosecuting or municipal attorney, except written authorization shall not be IS NOT required for a vehicle law or ordinance violation within the jurisdiction of the magistrate if a police officer issued a traffic citation pursuant to UNDER section of the Michigan vehicle code, PA 00, MCL., and the defendant failed to appear. (f) To fix bail and accept bond in all cases. (g) To issue search warrants, when IF authorized to do so by a district court judge. (H) TO CONDUCT PROBABLE CAUSE CONFERENCES AND ALL MATTERS ALLOWED AT THE PROBABLE CAUSE CONFERENCE, EXCEPT FOR THE TAKING OF 000' TLG

20 House Bill No. as amended February, 0 as amended February, 0 as amended May, 0 0 PLEAS AND SENTENCINGS, UNDER SECTION OF CHAPTER VI OF THE CODE OF CRIMINAL PROCEDURE, PA, MCL., WHEN AUTHORIZED TO DO SO BY [THE CHIEF] DISTRICT COURT JUDGE. Enacting section. Section of the revised judicature act of, PA, MCL 00., is repealed. [Enacting section. This amendatory act applies to cases in which the defendant is arraigned in the district court or the municipal court on or after <<January, 0.>> Enacting section. This amendatory act does not take effect unless House Bill No. of the th Legislature is enacted into law. ] 000' Final Page TLG