Michigan Compiled Laws
175-1927-IV - Chapter IV Arrest (764.1...764.29)
Section 764.1f - Juvenile; Filing Complaint and Warrant With Magistrate; “Specified Juvenile Violation” Defined.

Sec. 1f.
(1) If the prosecuting attorney has reason to believe that a juvenile 14 years of age or older but less than 18 years of age has committed a specified juvenile violation, the prosecuting attorney may authorize the filing of a complaint and warrant on the charge with a magistrate concerning the juvenile.
(2) As used in this section, "specified juvenile violation" means any of the following:
(a) A violation of section 72, 83, 86, 89, 91, 316, 317, 349, 520b, 529, 529a, or 531 of the Michigan penal code, 1931 PA 328, MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 750.349, 750.520b, 750.529, 750.529a, and 750.531.
(b) A violation of section 84 or 110a(2) of the Michigan penal code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile is armed with a dangerous weapon. As used in this subdivision, "dangerous weapon" means 1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).
(c) A violation of section 186a of the Michigan penal code, 1931 PA 328, MCL 750.186a, regarding escape or attempted escape from a juvenile facility, but only if the juvenile facility from which the individual escaped or attempted to escape was 1 of the following:
(i) A high-security or medium-security facility operated by the family independence agency or a county juvenile agency.
(ii) A high-security facility operated by a private agency under contract with the family independence agency or a county juvenile agency.
(d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403.
(e) An attempt to commit a violation described in subdivisions (a) to (d).
(f) Conspiracy to commit a violation described in subdivisions (a) to (d).
(g) Solicitation to commit a violation described in subdivisions (a) to (d).
(h) Any lesser included offense of a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).
(i) Any other violation arising out of the same transaction as a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).
History: Add. 1988, Act 67, Eff. Oct. 1, 1988 ;-- Am. 1994, Act 195, Eff. Oct. 1, 1994 ;-- Am. 1996, Act 255, Eff. Jan. 1, 1997 ;-- Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999 ;-- Am. 2019, Act 106, Eff. Oct. 1, 2021 Compiler's Notes: Section 3 of Act 67 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 173 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 760 - 777 - Code of Criminal Procedure

Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)

175-1927-IV - Chapter IV Arrest (764.1...764.29)

Section 764.1 - Issuance of Processes; Authorization for Issuance of Warrant or Summons; Exception; Making Complaint for Arrest Warrant or Summons by Electronic or Electromagnetic Means; Proof of Signing; Location.

Section 764.1a - Complaint; Allegations; Swearing Before Magistrate or Clerk; Issuance of Summons; Finding of Reasonable Cause; Testimony; Supplemental Affidavits; Basis of Factual Obligations; Complaint Alleging Violation of MCL 750.81 or 750.81a or...

Section 764.1b - Warrant; Recitation of Accusation; Directions to Peace Officer.

Section 764.1c - Issuing Warrant or Endorsing Complaint if Accused in Custody Upon Arrest Without Warrant; Finding of Reasonable Cause; Endorsement as Complaint and Warrant.

Section 764.1d - Complaint; Recitation of Accusation; Factual Allegations.

Section 764.1e - Complaint Signed by Peace Officer; Statement; Making Materially False Statement in Complaint as Perjury; Penalty; Contempt of Court.

Section 764.1f - Juvenile; Filing Complaint and Warrant With Magistrate; “Specified Juvenile Violation” Defined.

Section 764.1g - Arrest Warrant; Determination That Person Is Parolee; Use of Lein; Notice.

Section 764.2 - Warrant; Pursuit and Apprehension of Party in Other County; Aid.

Section 764.2a - Peace Officer; Exercise of Authority in Other County, City, Village, Township, Public Airport Authority, or University; Violation Involving Water Vessel; "Public Airport Authority" Defined.

Section 764.2b - Authority and Immunity of Law Enforcement Officer of Another State; Definitions.

Section 764.3 - Failure to Appear; Rebuttable Presumption for First Failure; Revocation of Release Order or Forfeiture of Bail; Issuance of Warrant; Conditions and Reasons.

Section 764.4 - Taking Person Arrested Pursuant to Warrant Before Magistrate of Judicial Circuit in Which Arrest Made; Conditions.

Section 764.5 - Taking Recognizance for Arrested Person's Appearance Before Magistrate of Judicial Circuit in Which Offense Charged to Have Been Committed.

Section 764.6 - Recognizance; Certification; Delivery.

Section 764.6f - Communication and Hearing Protocols for Swift Processing of Warrants Originated in Another County.

Section 764.7 - Taking Arrested Person Before Magistrate of Judicial Circuit in Which Offense Charged to Have Been Committed in Absence of Bail.

Section 764.8 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 764.9 - Repealed. 1988, Act 113, Imd. Eff. May 2, 1988.

Section 764.9a - Minor Offense; Written Order for Summons; Contents; Service.

Section 764.9b - Repealed. 1999, Act 76, Eff. Oct. 1, 1999.

Section 764.9c - Arrest Without Warrant for Misdemeanor or Ordinance Violation; Issuance and Service of Appearance Ticket by Police Officer or Specially Authorized Public Servant; Exceptions; Circumstances for Arrest; Time Period for Charges or Relea...

Section 764.9d - Complaint; Filing; Contents; Dismissal.

Section 764.9e - Failure to Appear; Rebuttable Presumption; Articulable Reasons to Overcome Presumption.

Section 764.9f - Appearance Ticket; Definition; Consecutive Numbering; Form; Contents; Modification.

Section 764.9g - Magistrates Jurisdiction; Pleas, Complaint.

Section 764.10-764.12 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.

Section 764.13 - Arrest Without Warrant; Taking Arrested Person Before Magistrate of Judicial District in Which Offense Charged to Have Been Committed; Complaint.

Section 764.14 - Arrest by Private Person; Disposition of Arrested Person; Complaint.

Section 764.15 - Arrest by Officer Without Warrant; Situations; Circumstances.

Section 764.15a - Arrest Without Warrant for Assault of Individual Having Child in Common, Household Resident, Dating Relationship, or Spouse or Former Spouse.

Section 764.15b - Arrest Without Warrant for Violation of Personal Protection Order; Answering to Charge of Contempt; Hearing; Bond; Show Cause Order; Jurisdiction to Conduct Contempt Proceedings; Prosecution of Criminal Contempt; Prohibited Actions...

Section 764.15c - Investigation or Intervention in Domestic Violence Dispute; Providing Victim With Notice of Rights; Address Confidentiality Program; Report; Retention and Filing of Report; Development of Standard Domestic Violence Incident Report F...

Section 764.15d - Federal Law Enforcement Officer; Powers.

Section 764.15e - Violation of Condition of Release; Arrest Without Warrant; Duties of Peace Officer; Release on Interim Bond; Priority to Certain Cases; Hearing and Revocation Procedures.

Section 764.15f - Violation of Order Issued by Probate Court or Family Division of Circuit Court; Arrest Without Warrant; Duties of Police Officer and Court; Authority of Judge to Arraign, Take Plea, or Sentence; Judge Not Available; Entering Order I...

Section 764.15g - Determination That Person Arrested Is Parolee; Notice to Department of Corrections; Compliance.

Section 764.15h - Investigation of Financial Neglect, Abuse or Harm of a Vulnerable Adult or Elder Adult; Definitions.

Section 764.16 - Arrest by Private Person; Situations.

Section 764.17 - Arrest; Time.

Section 764.18 - Arrest; Under Warrant; Duty of Officer.

Section 764.19 - Arrest; Without Warrant; Officer, Duties; Return as Evidence.

Section 764.20 - Arrest; Private Persons, Duty.

Section 764.21 - Right to Break Open Inner or Outer Door.

Section 764.22 - Right to Break Open Door or Window.

Section 764.23 - Escape From Custody or From State Correctional Facility; Pursuit and Retaking or Arrest Without Warrant; Definition.

Section 764.23a - Trespass Upon State Correctional Facility; Violation; Arrest Without Warrant; “State Correctional Facility” Defined.

Section 764.24 - Arrest; Escape or Rescue; Means of Recapture.

Section 764.25 - Arrest; Weapons and Articles on Prisoner; Seizure, Disposal.

Section 764.25a - Strip Search.

Section 764.25b - Body Cavity Search.

Section 764.25c - Repealed. 1983, Act 92, Eff. Mar. 29, 1984.

Section 764.26 - Arrest; Rights of Alleged Felon.

Section 764.26a - Dismissal of Charges Before Trial; Requirements; Receipt of Order.

Section 764.27 - Arrest of Child Less Than 18 Years of Age; Procedure.

Section 764.27a - Juvenile Taken Into Custody or Detained; Prohibitions; Confinement of Juvenile in County Jail; Other Confinement; Credit for Time Served.

Section 764.28 - Failure of Person Under Recognizance or Appeal to Appear; Forfeiture; Issuing Process for Arrest of Appellant or Defendant.

Section 764.29 - Fingerprints.