Mich. Comp. Laws » Michigan Compiled Laws / Chapter 766 / Act 175 of 1927

Mich. Comp. Laws § 766.11b

Rules of evidence; exception; hearsay testimony; "controlled substance" defined.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


766.11b Rules of evidence; exception; hearsay testimony; "controlled substance" defined.

Sec. 11b.

    (1) The rules of evidence apply at the preliminary examination except that the following are not excluded by the rule against hearsay and shall be admissible at the preliminary examination without requiring the testimony of the author of the report, keeper of the records, or any additional foundation or authentication:

    (a) A report of the results of properly performed drug analysis field testing to establish that the substance tested is a controlled substance.

    (b) A certified copy of any written or electronic order, judgment, decree, docket entry, register of actions, or other record of any court or governmental agency of this state.

    (c) A report other than a law enforcement report that is made or kept in the ordinary course of business.

    (d) Except for the police investigative report, a report prepared by a law enforcement officer or other public agency. Reports permitted under this subdivision include, but are not limited to, a report of the findings of a technician of the division of the department of state police concerned with forensic science, a laboratory report, a medical report, a report of an arson investigator, and an autopsy report.

    (2) The magistrate shall allow the prosecuting attorney or the defense to subpoena and call a witness from whom hearsay testimony was introduced under this section on a satisfactory showing to the magistrate that live testimony will be relevant to the magistrate's decision whether there is probable cause to believe that a felony has been committed and probable cause to believe that the defendant committed the felony.

    (3) As used in this section, "controlled substance" means that term as defined under section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

History: Add. 2007, Act 89, Eff. Dec. 29, 2007 ;-- Am. 2014, Act 123, Imd. Eff. May 20, 2014

Compiler's Notes:

    Enacting section 1 of Act 123 of 2014 provides:

    "Enacting section 1. This amendatory act applies to cases in which the defendant is arraigned in district court or municipal court on or after January 1, 2015."

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2017–2024 · leading case: People of Michigan v. Tremel Anderson
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People of Michigan v. Tremel Anderson (2018) mich “If the magistrate determines at the conclusion of the preliminary examination that a felony has not been committed or that there is not probable cause for charging the defendant with committing a felony, the magistrate shall either discharge the defendant or reduce the charge to…”
People of Michigan v. Timothy Matthew Parker (2017) michctapp · cites it 20× “The district court found the prosecution had presented sufficient evidence to find probable cause that defendant was operating while intoxicated and bound defendant over to the circuit court. Defendant then filed a motion with the circuit court to quash the bind over, arguing…”
People of Michigan v. Timothy Matthew Parker (2017) michctapp · cites it 20× “The district court found the prosecution had presented sufficient evidence to find probable cause that defendant was operating while intoxicated and bound defendant over to the circuit court. Defendant then filed a motion with the circuit court to quash the bind over, arguing…”
People of Michigan v. Casey Lavern Olney (2020) michctapp · cites it 6× “27c in MCL 766.11b(1), the Legislature has indicated that MCL 768.”
People of Michigan v. Leroy Williams (2020) michctapp · cites it 2× “MCL 766.11b(1)(d) states: The rules of evidence apply at the preliminary examination except that the following are not excluded by the rule against hearsay and shall be admissible at the preliminary examination without requiring the testimony of the author of the report, keeper…”
People of Michigan v. Casey Lavern Olney (2019) michctapp “”) The evidentiary threshold for a preliminary examination is a probable cause determination whether a crime has been committed and, if so, whether defendant was the culprit.”
People of Michigan v. Kelvin Lamont Harris Jr (2023) michctapp “Under MCL 766.11b(1)(d), state police laboratory reports may be admitted at a preliminary examination without testimony from the author, notwithstanding the rule against hearsay.”
20241125_C369208_38_369208.Opn.Pdf (2024) michctapp “See Anderson, 501 Mich at 183 , citing MCL 766.11b(1) (noting that “[t]he rules of evidence apply (with limited exceptions) to the proceeding”); MCR 6.”
— Mich. Comp. Laws § 766.11b(1) — 6 cases
People of Michigan v. Tremel Anderson (2018) mich “If the magistrate determines at the conclusion of the preliminary examination that a felony has not been committed or that there is not probable cause for charging the defendant with committing a felony, the magistrate shall either discharge the defendant or reduce the charge to…”
People of Michigan v. Casey Lavern Olney (2020) michctapp “27c in MCL 766.11b(1), the Legislature has indicated that MCL 768.”
People of Michigan v. Timothy Matthew Parker (2017) michctapp “The district court found the prosecution had presented sufficient evidence to find probable cause that defendant was operating while intoxicated and bound defendant over to the circuit court. Defendant then filed a motion with the circuit court to quash the bind over, arguing…”
People of Michigan v. Timothy Matthew Parker (2017) michctapp “The district court found the prosecution had presented sufficient evidence to find probable cause that defendant was operating while intoxicated and bound defendant over to the circuit court. Defendant then filed a motion with the circuit court to quash the bind over, arguing…”
People of Michigan v. Casey Lavern Olney (2019) michctapp “”) The evidentiary threshold for a preliminary examination is a probable cause determination whether a crime has been committed and, if so, whether defendant was the culprit.”
— Mich. Comp. Laws § 766.11b(1)(d) — 2 cases
People of Michigan v. Leroy Williams (2020) michctapp “MCL 766.11b(1)(d) states: The rules of evidence apply at the preliminary examination except that the following are not excluded by the rule against hearsay and shall be admissible at the preliminary examination without requiring the testimony of the author of the report, keeper…”
People of Michigan v. Kelvin Lamont Harris Jr (2023) michctapp “Under MCL 766.11b(1)(d), state police laboratory reports may be admitted at a preliminary examination without testimony from the author, notwithstanding the rule against hearsay.”
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