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HB 5719

Criminal procedure: prosecuting attorneys; prosecuting attorneys coordinating council; modify. Amends secs. 2, 3 & 4 of 1972 PA 203 (MCL 49.102 et seq.).

2025-2026 Regular Session Introduced by Brian BeGole and 2 co-sponsors

HB 5719 relocates the Office of Prosecuting Attorneys Coordination and PACC to LARA while keeping its independence and adding new county representation on the council.

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Bill Summary · HB 5719

Summary of HB 5719 (Michigan, 2025-2026)

Purpose and Intent

House Bill 5719 would reform the organizational placement of the Office of Prosecuting Attorneys Coordination and the Prosecuting Attorneys Coordinating Council (PACC). Specifically, it proposes moving these entities from the Department of Attorney General to the Department of Licensing and Regulatory Affairs (LARA). The bill maintains that the office would operate independently of LARA, with the department providing support services as requested.

Key Provisions and Changes

  • Reorganization and Location:

    • Transfers the Office of Prosecuting Attorneys Coordination and the Prosecuting Attorneys Coordinating Council from the Department of Attorney General to LARA, making the office an autonomous entity within LARA.
    • The office would still exercise its statutory powers independently of LARA, while LARA would supply administrative support (personnel, budgeting, procurement, etc.) as needed.

  • Governance and Leadership:

    • The head of the office remains the prosecuting attorneys coordinating council, functioning as the governing body.
    • The executive secretary (the chief executive officer of the office) would be appointed by the council and serve at the pleasure of the council. The council may hire additional personnel as needed.

  • Council Composition (Sec. 4):

    • The council would consist of five members:
    • The Attorney General (or their designate).
    • The President of the Prosecuting Attorneys Association of Michigan.
    • A prosecuting attorney from a county with a population over 400,000 (appointed for a 1-year term, elected by the Prosecuting Attorneys Association of Michigan).
    • A prosecuting attorney from a county with a population between 100,000 and 400,000 (1-year term, elected by the association).
    • A prosecuting attorney from a county with a population under 100,000 (1-year term, elected by the association).
    • An additional member from a county with a population under 50,000 (1-year term, elected by the association).
    • Vacancies are filled in the same manner as original appointments; members may be reappointed.

  • Term and Appointment Details:

    • The first appointed terms for new members begin January 1 following the act’s effective date.

Affected Parties

  • Directly Affected:

    • Office of Prosecuting Attorneys Coordination
    • Prosecuting Attorneys Coordinating Council (PACC)
    • Michigan Department of Licensing and Regulatory Affairs (LARA), which would house the office and provide support services
    • Michigan Attorney General (as a participant on the council) and the Prosecuting Attorneys Association of Michigan (as the appointing body for several council seats)

  • Financial/Fiscal:

    • The bill is projected to have a net-zero fiscal impact on state government.
    • Under current structure, PACC is funded within the Department of Treasury budget with approximately $2.7 million gross ($2.2 million General Fund/State Restricted) and 14.0 FTE for FY 2025-26.
    • Moving PACC to LARA would reallocate appropriations but is not expected to change total funding levels.

Procedural and Timeline Aspects

  • Legislative Path:

    • Introduced March 17, 2026, assigned to the Judiciary Committee.
    • Analyzes Phases: structure, governance, and funding implications.

  • Effective Date:

    • Terms for newly appointed council members would begin January 1 following the act’s effective date; ongoing terms and vacancies governed as described.

Summary Assessment

HB 5719 aims to streamline organizational placement of the prosecuting coordination function by relocating it to LARA while preserving operational independence. It adjusts governance to include new representation from smaller counties and creates a new 1-year term seat elected by the Prosecuting Attorneys Association of Michigan. Fiscal impact is described as net-zero, with funding administratively housed under LARA moving forward from the current arrangement.

Compiled from official sources — confirm details with the bill’s official record.

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