Sec. 9a.
(1) A defendant convicted of an assaultive crime and awaiting sentence shall be detained and shall not be admitted to bail unless the trial court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons and that section 9b of this chapter does not apply.
(2) A defendant convicted of an assaultive crime and sentenced to a term of imprisonment who has filed an appeal or an application for leave to appeal shall be detained and shall not be admitted to bail unless the trial court or the court to which the appeal is taken finds by clear and convincing evidence that section 9b of this chapter does not apply and that both of the following exist:
(a) The defendant is not likely to pose a danger to other persons.
(b) The appeal or application raises a substantial question of law or fact.
(3) As used in this section, "assaultive crime" means an offense against a person described in section 81c(3), 82, 83, 84, 86, 87, 88, 89, 90a, 90b(a) or (b), 91, 200 to 212a, 316, 317, 321, 349, 349a, 350, 397, 411h(2)(b) or (3), 411i, 520b, 520c, 520d, 520e, 520g, 529, 529a, 530, or 543a to 543z of the Michigan penal code, 1931 PA 328, MCL 750.81c, 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89, 750.90a, 750.90b, 750.91, 750.200 to 750.212a, 750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397, 750.411h, 750.411i, 750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529, 750.529a, 750.530, and 750.543a to 750.543z.
(4) The appeal or application for leave to appeal filed by a person denied bail under this section shall be expedited pursuant to rules adopted for that purpose by the supreme court.
History: Add. 1977, Act 34, Eff. Mar. 30, 1978 ;-- Am. 1994, Act 195, Eff. Oct. 1, 1994 ;-- Am. 2001, Act 208, Eff. Apr. 1, 2002 ;-- Am. 2002, Act 483, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 32, Eff. June 30, 2004
Structure 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-X - Chapter X New Trials, Writs of Error and Bills of Exceptions (770.1...770.16)
Section 770.1 - Granting New Trial to Defendant.
Section 770.2 - Motion for New Trial.
Section 770.3 - Appeal by Aggrieved Party.
Section 770.3a - Repealed. 2006, Act 655, Imd. Eff. Jan. 9, 2007.
Section 770.4-770.7 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 770.8 - Bail Between Trial Court Judgment and Decision of Appellate Court.
Section 770.9 - Bail During Pendency of Appeal or Application for Leave to Appeal.
Section 770.10, 770.11 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.
Section 770.13-770.15 - Repealed. 1980, Act 506, Imd. Eff. Jan. 22, 1981.