HB6275: Criminal procedure: evidence; applicability of rules of evidence at preliminary examination;…

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.