The bill amends section 11b of chapter VI of the Michigan Code of Criminal Procedure to clarify the admissibility of certain types of evidence during preliminary examinations. It specifies that the rules of evidence apply, but certain hearsay evidence is admissible without requiring the testimony of the report's author or additional authentication. Notably, it allows for the inclusion of reports from drug analysis field testing or reliable websites like Drugs.com to establish the identity of controlled substances. Additionally, it expands the types of admissible reports to include those related to motor vehicle accidents and forensic analyses of cellular telephones.

Furthermore, the bill enhances the rights of both the prosecution and defense by allowing them to subpoena witnesses from whom hearsay testimony was introduced, provided they can demonstrate the relevance of live testimony to the magistrate's decision on probable cause. In cases involving serious crimes such as assault, home invasion, or arson, the bill mandates that the prosecuting attorney can subpoena law enforcement officers to provide testimony based on hearsay from victims or witnesses regarding the elements of the offense.

Statutes affected:
House Introduced Bill: 766.11