A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 26b to chapter IV and sections 1a and 1b to chapter XVI.
The bill proposes that law enforcement officers are restricted from arresting or detaining individuals for violations of certain sections of the Michigan Penal Code when these individuals are present at schools, places of worship, or healthcare facilities for reasons related to education, religion, or medical care. Furthermore, the bill outlines a process for courts to potentially release individuals from custody and issue orders for their return to their country of origin under specific conditions. These conditions include the individual's agreement to the order, absence of prior convictions under the specified sections, and not being charged with other serious offenses. Additionally, the bill mandates the collection and cross-referencing of identifying information with criminal and national security databases before issuing such orders. Upon conviction under the specified sections of the Michigan Penal Code, the court is required to order the individual's return to their country of origin after they have completed their sentence, detailing the transportation method and the agency responsible for monitoring compliance. The prosecution of offenses will not be halted due to pending federal immigration status determinations. The enactment of this bill is contingent upon the passage of HB 5777 or similar Senate legislation.
Co-sponsored by Reps.
Referred to the Committee on Government Operations
