HB 6275

HOUSE BILL NO. 6275
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 11b of chapter VI (MCL 766.11b), as
amended by 2014 PA 123.
the people of the state of michigan enact:
CHAPTER VI
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 are 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 or information from Drugs.com or another reliable website 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, a report regarding a motor vehicle accident, a report
regarding a forensic analysis performed on a cellular telephone, 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 is 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) In cases involving an assaultive crime, home invasion, or arson, the
magistrate shall allow the prosecuting attorney to subpoena and call as a
witness a law enforcement officer from whom hearsay testimony from a victim or
witness regarding the elements of the offense may be introduced.
(4) (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.