Read the full stored bill text
ELF H06055'26_HB6081_INTR_1 w7c3yb
HOUSE BILL NO. 6081
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, and by adding section 11c to chapter VI.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER VI 1
Sec. 11b. (1) The Subject to subsection (4), the rules of 2
evidence apply at the preliminary examination except that the 3
following are not excluded by the rule against hearsay and shall be 4
June 16, 2026, Introduced by Reps. Kuhn, Harris, BeGole, Tisdel, Steele and Robinson and
referred to Committee on Judiciary.
2
ELF H06055'26_HB6081_INTR_1 w7c3yb
are admissible at the preliminary examination without requiring the 1
testimony of the author of the report, keeper of the records, or 2
any additional foundation or authentication: 3
(a) A report of the results of properly performed drug 4
analysis field testing to establish that the substance tested is a 5
controlled substance. 6
(b) A certified copy of any written or electronic order, 7
judgment, decree, docket entry, register of actions, or other 8
record of any court or governmental agency of this state. 9
(c) A report other than a law enforcement report that is made 10
or kept in the ordinary course of business. 11
(d) Except for the police investigative report, a report 12
prepared by a law enforcement officer or other public agency. 13
Reports permitted under this subdivision include, but are not 14
limited to, a report of the findings of a technician of the 15
division of the department of state police concerned with forensic 16
science, a laboratory report, a medical report, a report of an 17
arson investigator, and an autopsy report. 18
(2) The magistrate shall allow the prosecuting attorney or the 19
defense to subpoena and call a witness from whom hearsay testimony 20
was introduced under this section on a satisfactory showing to the 21
magistrate that live testimony will be is relevant to the 22
magistrate's decision whether there is probable cause to believe 23
that a felony has been committed and probable cause to believe that 24
the defendant committed the felony. 25
(3) As used in this section, "controlled substance" means that 26
term as defined under section 7104 of the public health code, 1978 27
PA 368, MCL 333.7104. 28
(4) This section applies to preliminary examinations commenced 29
3
Final Page
ELF H06055'26_HB6081_INTR_1 w7c3yb
on or before 90 days after the effective date of the amendatory act 1
that added this subsection or December 31, 2026, whichever is 2
later. Beginning 91 days after the effective date of the amendatory 3
act that added this subsection or January 1, 2027, whichever is 4
later, this section does not apply. 5
Sec. 11c. Beginning 91 days after the effective date of the 6
amendatory act that added this subsection or January 1, 2027, 7
whichever is later, the rules of evidence do not apply at a 8
preliminary examination. This section applies to preliminary 9
examinations commenced 91 days after the effective date of the 10
amendatory act that added this subsection or January 1, 2027, 11
whichever is later. 12