This bill amends the Michigan Code of Criminal Procedure by modifying section 11b and adding section 11c to chapter VI. The amendments to section 11b clarify that the rules of evidence apply at preliminary examinations, with specific exceptions for hearsay evidence. Reports related to drug analysis, court records, business records, and certain law enforcement reports are admissible without requiring the testimony of the report's author or additional authentication. Furthermore, the bill allows the prosecution or defense to subpoena witnesses for live testimony if it is deemed relevant to establishing probable cause.

Section 11c introduces a significant change by stating that, beginning 91 days after the effective date of the amendatory act or January 1, 2027, the rules of evidence will no longer apply at preliminary examinations. This means that after this date, the preliminary examination process will not be bound by the traditional rules of evidence, potentially altering how cases are presented and evaluated at this stage. The bill establishes a transitional period during which the existing rules will still apply, ensuring a gradual shift to the new framework.

Statutes affected:
House Introduced Bill: 766.11