THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
766.13 Discharge of defendant or reduction of charge; binding defendant to appear for arraignment.
Sec. 13.
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 an offense that is not a felony. If the magistrate determines at the conclusion of the preliminary examination that a felony has been committed and that there is probable cause for charging the defendant with committing a felony, the magistrate shall forthwith bind the defendant to appear within 14 days for arraignment before the circuit court of that county, or the magistrate may conduct the circuit court arraignment as provided by court rule.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17205 ;-- CL 1948, 766.13 ;-- Am. 1974, Act 63, Eff. May 1, 1974 ;-- Am. 2014, Act 123, Imd. Eff. May 20, 2014
Compiler's Notes:
Section 2 of Act 63 of 1974 provides:
“Effective date.
“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”
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."
FormerLaw Notes:
See section 17 of Ch. 163 of R.S. 1846, being CL 1857, § 5993; CL 1871, § 7859; How., § 9470; CL 1897, § 11854; and CL 1915, § 15681.
Notes of Decisions
People of Michigan v. Tremel Anderson, 912 N.W.2d 503 (Mich. 2018).
· cites it 5× “If the magistrate determines at the conclusion of the preliminary examination that a felony has been committed and that there is probable cause for charging the defendant with committing a felony, the magistrate shall forthwith bind the defendant to appear within 14 days for…”
People v. Johnson, 398 N.W.2d 219 (Mich. 1986).
· cites it 10× “People v Charles D Walker, 385 Mich 565, 573 ; 189 NW2d 234 (1971); MCL 766.13; MSA 28.931. [6] A proper bindover, or waiver, is necessary to provide authority for the prosecutor to file an information against the defendant in circuit court.”
People v. Starks, 701 N.W.2d 136 (Mich. 2005).
· cites it 4× “§ 766.13. [5] M.C.L. § 750.520g(1) provides that "[a]ssault with intent to commit criminal sexual conduct involving sexual penetration shall be a felony punishable by imprisonment for not more than 10 years.”
People v. Fiedler, 487 N.W.2d 831 (Mich. Ct. App. 1992).
· cites it 9× “” The circuit court granted defendant’s motion to quash the information by written opinion entered on December 26, 1990, on the ground that the magistrate never found that a crime was committed, as required by MCL 766.”
People v. Hall, 460 N.W.2d 520 (Mich. 1990).
· cites it 4× “MCL 766.13; MSA 28.931. See also People v Asta, 337 Mich 590, 611 ; 60 NW2d 472 (1953): [P]roofs on which to base the findings required by the statute must be introduced on a preliminary examination to justify binding over to circuit court for trial.”
People v. King, 312 N.W.2d 629 (Mich. 1981).
· cites it 4× “"The magistrate, before whom any person is brought upon the charge of having committed an offense not cognizable by a justice of the peace, shall proceed to examine the complainant and the witnesses in support of the prosecution, on oath, in the presence of the prisoner, in…”
People v. Goecke, 579 N.W.2d 868 (Mich. 1998).
· cites it 2× “§ 766.13; M.S.A. § 28.931. If it shall appear to the magistrate at the conclusion of the preliminary examination either that an offense has not been committed or that there is not probable cause for charging the defendant therewith, he shall discharge such defendant.”
People v. Plunkett, 780 N.W.2d 280 (Mich. 2010).
· cites it 2× “At that time, "the court shall determine on the record if there is probable cause to believe that an offense has been committed that if committed by an adult would be a felony and if there is probable cause to believe that the juvenile committed the offense.”
People v. Seewald, 879 N.W.2d 237 (Mich. 2016).
“9 See MCL 766.13. 10 People v Hill, 433 Mich 464, 469 ; 446 NW2d 140 (1989), citing People v Doss, 406 Mich 90 ; 276 NW2d 9 (1979).”
People v. Waltonen, 728 N.W.2d 881 (Mich. Ct. App. 2007).
· cites it 2× “People v Yost, 468 Mich 122, 125-126 ; 659 NW2d 604 (2003), citing MCL 766.13. Probable cause requires evidence sufficient to make a person of ordinary caution and prudence to conscientiously entertain a reasonable belief of the defendant’s guilt.”
People v. Hill, 446 N.W.2d 140 (Mich. 1989).
· cites it 2× “[2] The plaintiff sought leave to appeal, which we granted on March 22, 1988. [3] II. ANALYSIS If it appears that a felony has been committed for which there is probable cause to charge the defendant, it is the statutory duty of the magistrate to bind the defendant over for…”
People v. Doss, 276 N.W.2d 9 (Mich. 1979).
· cites it 2× “Under MCL 766.13; MSA 28.931, it is the duty of the magistrate to bind the defendant over for trial if it appears at the conclusion of the preliminary examination that a felony has been committed and there is probable cause to believe that the defendant committed it.”
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