2005 House Bill 4800

Eliminate criminal “preliminary examinations”

Introduced in the House

May 17, 2005

Introduced by Rep. William Van Regenmorter (R-74)

To eliminate the right of a defendant to have a “preliminary examination” for certain less serious criminal offences. Reportedly, most defendants waive their right to a preliminary examination.

Referred to the Committee on Judiciary

Sept. 21, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Dec. 14, 2005

Substitute offered

The substitute failed by voice vote

Substitute offered by Rep. Alexander Lipsey (D-60)

To eliminate pre-trial "preliminary examinations" in felonies where the maximum penalty is less than 10 years, and make them optional at the discretion of the prosecutor and defendent in more serious crimes.

The substitute passed by voice vote

Amendment offered by Rep. Mike Nofs (R-62)

To clarify a technical reference in a provision contained in the bill.

The amendment passed by voice vote

Passed in the House 64 to 43 (details)

To eliminate pre-trial "preliminary examinations" for felony cases on a list of 150 lesser crimes, and make them optional at the discretion of the prosecutor in more serious crimes.

Received in the Senate

Jan. 11, 2006

Referred to the Committee on Judiciary

Nov. 29, 2006

Motion by Sen. Beverly Hammerstrom (R-17)

That the Committee on Judiciary be discharged from further consideration of the bill.

The motion passed 22 to 15 (details)

Nov. 30, 2006

Substitute offered

To replace the previous version of the bill with one that reflects the product of extensive negotiaions involving prosecutors, judges, and defense attorneys. See Senate-passed version for details.

The substitute passed by voice vote

Dec. 13, 2006

Substitute offered by Sen. Alan L. Cropsey (R-33)

To replace the previous version of the bill with one that reflects the product of further negotiations involving prosecutors, judges, and defense attorneys. See Senate-passed version for details.

The substitute passed by voice vote

Passed in the Senate 22 to 16 (details)

To eliminate “preliminary examinations” in most felony case, and replace them with probable cause determination hearings that would allow the admission of the “credible” hearsay testimony of a law enforcement officer involved in the investigation, regardless of the whether the person who is the source of the hearsay is availability as a witness. Stricter rules of evidence would apply for crimes punishable by up to life in prison. Reportedly, preliminary examinations impose greater burdens on crime victims, and Michigan is one of a handful of states that still use them.

Received in the House

Dec. 15, 2006