2005 House Bill 4797

Eliminate criminal “preliminary examinations”

Introduced in the House

May 17, 2005

Introduced by Rep. Kevin Elsenheimer (R-105)

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-2) be adopted and that the bill then pass. This would not require a preliminary exam in felonies punishable by less than a 10 year sentence, but instead would require a pretrial conference to review the evidence and allow plea bargaining. The presence of law enforcement officers or witnesses would not be required at this.