September 30, 2009, Introduced by Rep. Johnson and referred to the Committee on Regulatory Reform.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 26 of chapter V (MCL 765.26), as amended by
2002 PA 659.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER V
Sec.
26. (1) In all a criminal cases case where a person has
entered into any recognizance for the personal appearance of
another
and such bail and surety afterwards desires to be relieved
from responsibility, he or she may, with or without assistance but
in compliance with the bail recovery regulation act, arrest or
detain the accused and deliver him or her to any jail or to the
sheriff of any county. In making the arrest or detainment, he or
she is entitled to the assistance of any peace officer.
(2) The sheriff or keeper of any jail is authorized to receive
the principal and detain him or her in jail until he or she is
discharged. Upon delivery of his or her principal at the jail by
the surety or his or her agent or any officer, the surety shall be
released from the conditions of his or her recognizance.
(3)
Whenever If the prosecuting attorney of a county is
satisfied that a person who has been recognized to appear for trial
has absconded, or is about to abscond, and that his or her sureties
or either of them have become worthless, or are about to dispose or
have disposed of their property for the purpose of evading the
payment
or the obligation of such the
bond or recognizance or with
intent
to defraud their creditors, and that if the prosecuting
attorney makes a satisfactory showing to this effect to the court
having
jurisdiction of that person, the court or judge shall
promptly grant a mittimus to the sheriff or any peace officer of
that
county, commanding him or her forthwith to arrest the person
so recognized and bring him or her before the officer issuing the
mittimus. and
on On the return of that the mittimus, the court may,
after
a hearing on the merits, order him or her the person to be
recommitted
to the county jail until such time as he or she gives
additional
and satisfactory sureties , or is
otherwise discharged.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5493(request no.
04400'09) of the 95th Legislature is enacted into law.