HB-4407, As Passed House, May 24, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4407

 

 

March 20, 2019, Introduced by Reps. Guerra, Elder, Hope, LaGrand and Bolden and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 8512 (MCL 600.8512), as amended by 2014 PA 384.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8512. (1) A district court magistrate may hear and

 

preside over civil infraction admissions, admissions with

 

explanation, and motions to set aside default or withdraw

 

admissions, and may conduct informal hearings in civil infraction

 

actions under section 746 of the Michigan vehicle code, 1949 PA

 

300, MCL 257.746, the Michigan regulation and taxation of marihuana

 

act, 2018 IL 1, MCL 333.27951 to 333.27967, or section 8719 or

 

section 8819 of this act, or in civil fine actions under the

 

Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to

 

333.26430, as applicable. In exercising the authority conferred by

 

this subsection, a district court magistrate may administer oaths,

 

examine witnesses, and make findings of fact and conclusions of

 

law. If a defendant is determined to be responsible for a civil

 

infraction, or, under the Michigan medical marihuana act, 2008 IL

 

1, MCL 333.26421 to 333.26430, a civil fine, the district court

 

magistrate may impose the civil sanctions authorized by section 907

 

of the Michigan vehicle code, 1949 PA 300, MCL 257.907, the

 

Michigan regulation and taxation of marihuana act, 2018 IL 1, MCL

 

333.27951 to 333.27967, the Michigan medical marihuana act, 2008 IL

 

1, MCL 333.26421 to 333.26430, or section 8827 of this act, as

 

applicable.

 

     (2) A district court magistrate shall not conduct an informal

 

hearing in a civil infraction action involving a traffic or parking

 

violation governed by the Michigan vehicle code, 1949 PA 300, MCL

 

257.1 to 257.923, until he or she has successfully completed a

 

special training course in traffic law adjudication and sanctions.

 

The course shall must be given periodically by the state court

 

administrator.

 

     (3) A district court magistrate may exercise the authority

 

conferred by this section only to the extent expressly authorized

 

by the chief judge, presiding judge, or only judge of the district

 

court district.