Bill
HB 4525
Requires electronic monitoring for all defendants charged with aggravated domestic violence as a condition of bail, with exceptions and victim-proximity options.
HB 4525 Summary — Michigan, 2025
Overview
- Purpose: Amend section 6b of Chapter V of the Code of Criminal Procedure (MCL 765.6b) to generally require electronic monitoring devices for defendants charged with aggravated domestic violence (ADV) as a condition of release on bail, with specific exceptions and enhanced victim-protection provisions.
- Sponsor/Process: Introduced May 22, 2025 by Rep. Sarah Lightner; referred to the Judiciary Committee. Companion bill SB 2330 exists.
- Status: Electronically reproduced May 22, 2025; introduced March 12, 2025 (as introduced version). Effective date: 90 days after enactment.
What the bill does
- Mandatory monitoring for ADV defendants: Judges or district court magistrates would be required to order electronic monitoring devices for all defendants charged with aggravated domestic violence as a condition of release on bail.
- Exceptions with written findings: A judge or magistrate may instead make a written finding that an electronic monitoring device is unnecessary to prevent pre-trial harm (killing, injuring, stalking, or threatening the victim) and that other restrictions are sufficient for safety.
- Continued discretion for other assaultive crimes: For DV or assaultive crimes not categorized as ADV, judges and magistrates may still order electronic monitoring based on deterrence considerations, as currently allowed, subject to the same deterrence standard.
- Victim participation and proximity monitoring: With the victim’s informed consent, the court may order the defendant to provide a device that notifies the victim if the defendant is within a specified proximity. The victim would receive a direct contact number for law enforcement and could propose areas from which the defendant must be excluded. The court must consider these geographic restrictions and ensure monitoring entities notify proper authorities and the court of violations.
- Warrant upon violation: Upon notice from the monitoring entity of a violation of geographic restrictions, the court must issue a warrant for the defendant’s arrest.
- Costs and conditions: A defendant subject to monitoring must pay the cost of the device and monitoring, or perform community service in lieu of payment, as a condition of release. The device must reliably notify of removal or tampering.
- Reporting and data handling: Monitoring devices and LEIN (Law Enforcement Information Network) entries must be updated promptly; orders must be entered and removed from LEIN as appropriate.
Key Provisions and Definitions
- Electronic monitoring device: Any device tracking location or monitoring intoxication, excluding implanted technologies.
- Domestic violence: As defined in 1978 PA 389, sec. 1 (MCL 400.1501).
- Aggravated domestic violence: Defined as specified offenses involving a spouse, former spouse, dating partner, co-parent, or household member, with two listed offense types (serious injury or attempted great harm, etc.).
- Informed consent: Victim’s awareness of rights, monitoring function, risks, geographic boundaries, and procedures for termination or modification.
Impact and Considerations
- Affects: Defendants charged with ADV (and to a lesser extent other assaultive DV crimes) and DV victims who may participate in proximity monitoring.
- Financial: Shifts cost burden to defendants (or via community service); impacts on victims through potential proximity monitoring and direct law enforcement contact.
- Timeline: 90-day post-enactment effective date; implementing regulations and operational readiness will follow.
- Implementation note: Potential ambiguity around whether the new geographic-restriction warrant requirement would supersede existing arrest-without-a-warrant language in 6b(1); language in the introduced text could require clarification.
Related Information
- Related bill: SB 2330 (companion).
- Fiscal impact: A formal fiscal analysis is in progress.
Compiled from official sources — confirm details with the bill’s official record.
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