2005 House Bill 4799

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

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.

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. Tonya Schuitmaker (R-80)

To limit certain prosecutor's actions if the defendant has not had a preliminary exam.

The amendment passed by voice vote

Passed in the House 64 to 43 (details)

Received in the Senate

Jan. 11, 2006

Referred to the Committee on Judiciary