Glossary
A
•For purposes of the Code of Criminal Procedure, person, accused, or a similar word means “an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.” MCL 761.1(p).
•For purposes of MCL 8.9(10)(c), alcoholic liquor means “that term as defined in . . . MCL 436.1105.” MCL 8.9(10)(c)(i).
•For purposes of the MCL 768.37, alcoholic liquor means “that term as defined in . . . MCL 436.1105.” MCL 768.37(3)(a).
•For purposes of the Michigan Vehicle Code, alcoholic liquor means “any liquid or compound, whether or not medicated, proprietary, patented, and by whatever name called, containing any amount of alcohol including any liquid or compound described in . . . [MCL 436.1105(2)].” MCL 257.1d.
•For purposes of the Natural Resources and Environmental Protection Act, Part 801, Marine Safety, alcoholic liquor means “that term as defined in . . . MCL 257.1d.” MCL 324.80101(b). MCL 257.1d defines alcoholic liquor as “any liquid or compound, whether or not medicated, proprietary, patented, and by whatever name called, containing any amount of alcohol including any liquid or compound described in . . . [MCL 436.1105(2)].”
•For purposes of MCL 764.9c to MCL 764.9g, appearance ticket means “a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it directing a designated person to appear in a designated local criminal court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance.” MCL 764.9f(1).
•For purposes of the Deaf Persons’ Interpreters Act, appointing authority means “a court or a department, board, commission, agency, or licensing authority of this state or a political subdivision of this state or an entity that is required to provide a qualified interpreter in circumstances described under [MCL 393.503a].” MCL 393.502(a). MCL 393.503a provides that “[i]f an interpreter is required as an accommodation for a deaf or deaf-blind person under state or federal law, the interpreter shall be a qualified interpreter.”
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), arrest card means “a paper form or an electronic format prescribed by the [Michigan State Police] that facilitates the collection and compilation of criminal and juvenile arrest history record information and biometric data.” MCL 28.241a(a).
•For purposes of MCL 762.10d, MCL 764.1a, MCL 764.3, and MCL 765.6e, assaultive crime “includes any of the following:
(i) A violation described in [MCL 770.9a].
(ii) A violation of . . . MCL 750.81 to [MCL] 750.90g, not otherwise included in [MCL 762.10d(5)(a)(i), MCL 764.1a(9)(a)(i), MCL 764.3(5)(a)(i), or MCL 765.6e(2)(a)(i), respectively].
(iii) A violation of . . . MCL 750.110a, [MCL] 750.136b, [MCL] 750.234a, [MCL] 750.234b, [MCL] 750.234c, [MCL] 750.349b, [or MCL] 750.411h, or any other violent felony.
(iv) A violation of a law of another state or of a political subdivision of this state or of another state that substantially corresponds to a violation described in [MCL 762.10d(5)(a)(i)-(iii), MCL 764.1a(9)(a)(i)-(iii), MCL 764.3(5)(a)(i)-(iii), or MCL 765.6e(2)(a)(i)-(iii), respectively].” MCL 762.10d(5)(a); MCL 764.1a(9)(a); MCL 764.3(5)(a); MCL 765.6e(2)(a).
•For purposes of MCL 764.9c and MCL 765.6b(6), assaultive crime means “that term as defined in [MCL 770.9a.]” MCL 764.9c(9)(a); MCL 765.6b(6)(a). MCL 770.9a(3) defines assaultive crime as “an offense against a person described in [MCL 750.81c(3), MCL 750.82, MCL 750.83, MCL 750.84, MCL 750.86, MCL 750.87, MCL 750.88, MCL 750.89, MCL 750.90a, MCL 750.90b(a), MCL 750.90b(b), MCL 750.91, MCL 750.200–MCL 750.212a, MCL 750.316, MCL 750.317, MCL 750.321, MCL 750.349, MCL 750.349a, MCL 750.350, MCL 750.397, MCL 750.411h(2)(b), MCL 750.411h(3), MCL 750.411i, MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520e, MCL 750.520g, MCL 750.529, MCL 750.529a, MCL 750.530, or MCL 750.543a–MCL 750.543z.]”
•For purposes of MCL 770.9a, assaultive crime means “an offense against a person described in [MCL 750.81c(3), MCL 750.82, MCL 750.83, MCL 750.84, MCL 750.86, MCL 750.87, MCL 750.88, MCL 750.89, MCL 750.90a, MCL 750.90b(a), MCL 750.90b(b), MCL 750.91, MCL 750.200–MCL 750.212a, MCL 750.316, MCL 750.317, MCL 750.321, MCL 750.349, MCL 750.349a, MCL 750.350, MCL 750.397, MCL 750.411h(2)(b), MCL 750.411h(3), MCL 750.411i, MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520e, MCL 750.520g, MCL 750.529, MCL 750.529a, MCL 750.530, or MCL 750.543a–MCL 750.543z.” MCL 770.9a(3).
•For purposes of MCR 1.109(G), authorized user “means a user of the e-filing system who is registered to filed, serve, and receive documents and related data through approved electronic means. A court may revoke user authorization for good cause as determined by the court, including but not limited to a security breach.” MCR 1.109(G)(1)(a).
B
•For purposes of the Code of Criminal Procedure, taken, brought, or before “a magistrate or judge for purposes of criminal arraignment or the setting of bail means either” physical presence before a judge or district court magistrate or presence before a judge or district court magistrate by use of 2-way interactive video technology. MCL 761.1(t).
•For purposes of the Michigan Vehicle Code, bicycle means “a device propelled by human power upon which a person may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter.” MCL 257.4.
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), biometric data means “all of the following:
(i) Fingerprint images recorded in a manner prescribed by the [Michigan State Police].
(ii) Palm print images, if the arresting law enforcement agency has the electronic capability to record palm print images in a manner prescribed by the [Michigan State Police].
(iii) Digital images recorded during the arrest or booking process, including a full-face capture, left and right profile, and scars, marks, and tattoos, if the arresting law enforcement agency has the electronic capability to record the images in a manner prescribed by the [Michigan State Police].
(iv) All descriptive data associated with identifying marks, scars, amputations, and tattoos.” MCL 28.241a(b).
•For purposes of the Code of Criminal Procedure, taken, brought, or before “a magistrate or judge for purposes of criminal arraignment or the setting of bail means either” physical presence before a judge or district court magistrate or presence before a judge or district court magistrate by use of 2-way interactive video technology. MCL 761.1(t).
C
•For purposes of MCR 1.111, concerning foreign language interpreters, case or court proceeding means “any hearing, trial, or other appearance before any court in this state in an action, appeal, or other proceeding, including any matter conducted by a judge, magistrate, referee, or other hearing officer.” MCR 1.111(A)(1).
Certified foreign language interpreter
•For purposes of MCR 1.111, concerning foreign language interpreters, certified foreign language interpreter means “a person who has:
(a) passed a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator,
(b) met all the requirements established by the state court administrator for this interpreter classification, and
(c) registered with the State Court Administrative Office.” MCR 1.111(A)(4).
•For purposes of the Michigan Vehicle Code, citation means “a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited.” MCL 257.727c(1)
•For purposes of the Michigan Vehicle Code, civil infraction means “an act or omission prohibited by law which is not a crime as defined in . . . MCL 750.5 . . . and for which civil sanctions may be ordered.” MCL 257.6a.
•For purposes of the Michigan Vehicle Code, commercial motor vehicle means “a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property[,]” other than “a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes[,]” “if 1 or more of the following apply:
(a) It is designed to transport 16 or more passengers, including the driver.
(b) It has a gross vehicle weight rating or gross vehicle weight, whichever is greater, of 26,001 pounds or more.
(c) It has a gross combination weight rating or gross combination weight, whichever is greater, of 26,001 pounds or more, inclusive of towed units with a gross vehicle weight rating or gross vehicle weight, whichever is greater, of more than 10,000 pounds.
(d) A motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 CFR parts 100 to 199.” MCL 257.7a.
•For purposes of the MVC, commercial quadricycle means “a vehicle that satisfies all of the following:
(a) The vehicle has fully operative pedals for propulsion entirely by human power.
(b) The vehicle has at least 4 wheels and is operated in a manner similar to a bicycle.
(c) The vehicle has at least 6 seats for passengers.
(d) The vehicle is designed to be occupied by a driver and powered either by passengers providing pedal power to the drive train of the vehicle or by a motor capable of propelling the vehicle in the absence of human power.
(e) The vehicle is used for commercial purposes.
(f) The vehicle is operated by the owner of the vehicle or an employee of the owner of the vehicle.” MCL 257.7b
•For purposes of the Michigan Vehicle Code, commercial vehicle “includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares, or merchandise, and all motor vehicles designed and used for drawing other vehicles that are not constructed to carry a load independently or any part of the weight of a vehicle or load being drawn[, but] . . . does not include a limousine operated by a limousine driver, a taxicab operated by a taxicab driver, or a personal vehicle operated by a transportation network company driver.” MCL 257.7.
•For purposes of the Code of Criminal Procedure, complaint means “a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense.” MCL 761.1(c).
•For purposes of MCR 1.109, confidential “means that a case record is nonpublic and accessible only to those individuals or entities specified in statute or court rule. A confidential record is accessible to parties only in the manner specified in statute or court rule.” MCR 1.109(H)(1).
•For purposes of the Code of Criminal Procedure, consumed means “to have eaten, drunk, ingested, inhaled, injected, or topically applied, or to have performed any combination of those actions, or otherwise introduced into the body.” MCL 768.37(3)(b).
•For purposes of MCL 8.9(10)(c), controlled substance means “that term as defined in . . . MCL 333.7104.” MCL 8.9(10)(c)(ii). MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.].”
•For purposes of the MCL 768.37, controlled substance means “that term as defined in . . . MCL 333.7104.” MCL 768.37(3)(c). MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.].”
•For purposes of the Michigan Vehicle Code, controlled substance means “a controlled substance or controlled substance analogue as defined in . . . MCL 333.7104[.]” MCL 257.8b. MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.].”
•For purposes of the Natural Resources and Environmental Protection Act, Part 801, Marine Safety, controlled substance means “that term as defined in . . . MCL 333.7104.” MCL 324.80101(i). MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.].”
•For purposes of Chapter 10C of the Revised Judicature Act of 1961 (juvenile mental health courts), co-occurring disorder “means having 1 or more disorders relating to the use of alcohol or other controlled substances of abuse as well as any serious mental illness, serious emotional disturbance, or developmental disability. A diagnosis of co-occurring disorders occurs when at least 1 disorder of each type can be established independent of the other and is not simply a cluster of symptoms resulting from 1 disorder.” MCL 600.1099b(a).
•For purposes of the Michigan Court Rules, court records “are recorded information of any kind that has been created by the court or filed with the court in accordance with Michigan Court Rules. Court records may be created using any means and may be maintained in any medium authorized by these court rules provided those records comply with other provisions of law and these court rules.
(a) Court records include, but are not limited to:
(i) documents, attachments to documents, discovery materials, and other materials filed with the clerk of the court,
(ii) documents, recordings, data, and other recorded information created or handled by the court, including all data produced in conjunction with the use of any system for the purpose of transmitting, accessing, reproducing, or maintaining court records.
(b) For purposes of [MCR 1.109(A)]:
(i) Documents include, but are not limited to, pleadings, orders, and judgments.
(ii) Recordings refer to audio and video recordings (whether analog or digital), stenotapes, log notes, and other related records.
(iii) Data refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.
(iv) Other recorded information includes, but is not limited to, notices, bench warrants, arrest warrants, and other process issued by the court that do not have to be maintained on paper or digital image.
(2) Discovery materials that are not filed with the clerk of the court are not court records. Exhibits that are maintained by the court reporter or other authorized staff pursuant to MCR 2.518 or MCR 3.930 during the pendency of a proceeding are not court records.” MCR 1.109(A).
•For purposes of MCL 600.2163a, courtroom support dog “means a dog that has been trained and evaluated as a support dog pursuant to the Assistance Dogs International Standards for guide or service work and that is repurposed and appropriate for providing emotional support to children and adults within the court or legal system or that has performed the duties of a courtroom support dog prior to September 27, 2018.” MCL 600.2163a(1)(a).
•For purposes of the Crime Victim’s Rights Act, Article 1, crime means “a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.” MCL 780.752(1)(b).
Criminal history record information
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), criminal history record information means “name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver’s license number, and other identifying numbers; and information on misdemeanor arrests and convictions and felony arrests and convictions.” MCL 28.241a(d).
•For purposes of MCL 8.9, culpable means “sufficiently responsible for criminal acts or negligence to be at fault and liable to punishment for commission of a crime.” MCL 8.9(10)(a).
D
•For purposes of MCL 764.1f(2)(b), dangerous weapon means “1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).”
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, data “refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.” MCR 1.109(A)(1)(b)(iii).
•For purposes of MCL 764.1a, dating relationship “means frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 764.1a(9)(b).
•For purposes of MCL 764.15a(b), dating relationship means “frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 764.15a(b).
•For purposes of MCL 780.582a(1)(b), dating relationship means “that term as defined in . . . MCL 600.2950.” MCL 600.2950(30)(a) defines dating relationship as “frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.”
•For purposes of the Deaf Persons’ Interpreters Act, deaf person means “a person whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input; including, but not limited to, lip reading, sign language, finger spelling, or reading.” MCL 393.502(b).
•For purposes of the Deaf Persons’ Intepreters Act, deaf-blind person means “a person who has a combination of hearing loss and vision loss, such that the combination necessitates specialized interpretation of spoken and written information in a manner appropriate to that person’s dual sensory loss.” MCL 393.502(c).
•For purposes of the Deaf Persons’ Interpreters Act, deaf interpreter or intermediary interpreter means “any person, including any deaf or deaf-blind person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a deaf or deaf-blind person and a qualified interpreter.” MCL 393.502(e).
•For purposes of the Crime Victim’s Rights Act, Article 1, defendant means “a person charged with, convicted of, or found not guilty by reason of insanity of committing a crime against a victim.” MCL 780.752(1)(d).
•For purposes of the Crime Victim’s Rights Act, Article 3, defendant means “a person charged with or convicted of having committed a serious misdemeanor against a victim.” MCL 780.811(1)(c).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961 (juvenile mental health courts), developmental disability “means that term as defined in . . . MCL 330.1100a.” MCL 600.1099b(c).
•For purposes of the Code of Criminal Procedure, magistrate does not include a district court magistrate unless specifically preceded by the words district court. See MCL 761.1(l).
•For purposes of the Deaf Persons’ Interpreters Act, division means “the division on deaf and hard of hearing of the department of labor and economic growth.” MCL 393.502(d).
•For purposes of the Michigan Court Rules, document means “a record produced on paper or a digital image of a record originally produced on paper or originally created by an approved electronic means, the output of which is readable by sight and can be printed to 8 1/2 x 11 inch paper without manipulation.” MCR 1.109(B).
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, documents “include, but are not limited to, pleadings, orders, and judgments.” MCR 1.109(A)(1)(b)(i).
•For purposes of MCL 762.10d. MCL 764.1a, MCL 764.3, MCL 764.9c, and MCL 765.6b(6), domestic violence means “that term as defined in . . . MCL 400.1501.” MCL 762.10d(5)(b); MCL 764.1a(9)(c); MCL 764.3(5)(b); MCL 764.9c(3)(a); MCL 765.6b(6)(b). MCL 400.1501(d) defines domestic violence as “the occurrence of any of the following acts by an individual that is not an act of self-defense: (i) [c]ausing or attempting to cause physical or mental harm to a family or household member[;] (ii) [p]lacing a family or household member in fear of physical or mental harm[;] (iii) [c]ausing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress[;] [and/or] (iv) [e]ngaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”
•For purposes of MCL 600.1060 et seq., drug treatment court means “a court supervised treatment program for individuals who abuse or are dependent upon any controlled substance or alcohol. A drug treatment court shall comply with the 10 key components promulgated by the national association of drug court professionals, which include all of the following essential characteristics:
•(i) Integration of alcohol and other drug treatment services with justice system case processing.
•(ii) Use of a nonadversarial approach by prosecution and defense that promotes public safety while protecting any participant’s due process rights.
•(iii) Identification of eligible participants early with prompt placement in the program.
•(iv) Access to a continuum of alcohol, drug, and other related treatment and rehabilitation services.
•(v) Monitoring of participants effectively by frequent alcohol and other drug testing to ensure abstinence from drugs or alcohol.
•(vi) Use of a coordinated strategy with a regimen of graduated sanctions and rewards to govern the court's responses to participants’ compliance.
•(vii) Ongoing close judicial interaction with each participant and supervision of progress for each participant.
•(viii) Monitoring and evaluation of the achievement of program goals and the program’s effectiveness.
•(ix) Continued interdisciplinary education in order to promote effective drug court planning, implementation, and operation.
•(x) The forging of partnerships among other drug courts, public agencies, and community-based organizations to generate local support.” MCL 600.1060(c).
•For purposes of MCL 600.1084, DWI/sobriety court means “the specialized court docket and programs established within judicial circuits and districts throughout this state that are designed to reduce recidivism among alcohol offenders and that comply with the 10 guiding principles of DWI courts as promulgated by the National Center for DWI Courts.” MCL 600.1084(9)(a).
E
•For purposes of the Michigan Vehicle Code, electric bicycle “means a device upon which an individual may ride that satisfies all of the following:
(a) The device is equipped with all of the following:
(i) A seat or saddle for use by the rider.
(ii) Fully operable pedals for human propulsion.
(iii) An electric motor of not greater than 750 watts.
(b) The device falls within 1 of the following categories:
(i) Class 1 electric bicycle. As used in this subparagraph, ‘class 1 electric bicycle’ means an electric bicycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 20 miles per hour.
(ii) Class 2 electric bicycle. As used in this subparagraph, ‘class 2 electric bicycle’ means an electric bicycle that is equipped with a motor that propels the electric bicycle to a speed of no more than 20 miles per hour, whether the rider is pedaling or not, and that disengages or ceases to function when the brakes are applied.
(iii) Class 3 electric bicycle. As used in this subparagraph, ‘class 3 electric bicycle’ means an electric bicycle that is equipped with a motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 28 miles per hour.” MCL 257.13e.
•For purposes of the Michigan Vehicle Code, electric skateboard “means a wheeled device that has a floorboard designed to be stood upon when riding that is no more than 60 inches long and 18 inches wide, is designed to transport only 1 person at a time, has an electrical propulsion system with power of no more than 2,500 watts, and has a maximum speed on a paved level surface of not more than 25 miles per hour. An electric skateboard may have handlebars and, in addition to having an electrical propulsion system with power of no more than 2,500 watts, may be designed to also be powered by human propulsion.” MCL 257.13f.
•For purposes of the Fourth Amendment Rights Protection Act, electronic data means “information related to an electronic communication or the use of an electronic communication service, including, but not limited to, the contents, sender, recipients, or format of an electronic communication; the precise or approximate location of the sender or recipients of an electronic communication at any time during the communication; the time or date the communication was created, sent, or received; and the identity of an individual or device involved in the communication, including, but not limited to, an internet protocol address. The term does not include subscriber information.” MCL 37.262(a).
•For purposes of MCR 1.109(G), electronic filing or e-filing “means the electronic transmission of data and documents to the court through the electronic-filing system.” MCR 1.109(G)(1)(b).
•For purposes of MCR 1.109(G), electronic-filing system “means a system provided by the State Court Administrative Office that permits electronic transmission of data and documents.” MCR 1.109(G)(1)(c).
•For purposes of MCL 765.6b(6), electronic monitoring device “includes any electronic device or instrument that is used to track the location of an individual or to monitor an individual’s blood alcohol content, but does not include any technology that is implanted or violates the corporeal body of the individual.” MCL 765.6b(6)(c).
•For purposes of MCR 1.109(G), electronic notification “means the electronic transmission of information from the court to authorized users through the electronic-filing system. This does not apply to service of documents. See [MCR 1.109(G)(1)(f)].” MCR 1.109(G)(1)(d).
Electronic service or e-service
•For purposes of MCR 1.109(G), electronic service or e-service “means the electronic service of information by means of the electronic-filing system under [MCR 1.109]. It does not include service by alternative electronic service under MCR 2.107(C)(4).” MCR 1.109(G)(1)(e).
•For purposes of the Michigan Court Rules, electronic signature “means an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The following form is acceptable: /s/ John L. Smith.” MCR 1.109(E)(4)(a).
F
•For purposes of Chapter 10D of the Revised Judicature Act of 1961 (family treatment courts), family treatment court “means either of the following:
(i) A court-supervised treatment program for individuals with a civil child abuse or neglect case and who are diagnosed with a substance use disorder.
(ii) A program designed to adhere to the family treatment court best practice standards promulgated by a national organization representing the interest of drug and specialty court treatment programs and the Center for Children and Family Futures, which include all of the following:
(A) Early identification, screening, and assessment of eligible participants, with prompt placement in the program.
(B) Integration of timely, high-quality, and appropriate substance use disorder treatment services with justice system case processing.
(C) Access to comprehensive case management, services, and supports for families.
(D) Valid, reliable, random, and frequent drug testing.
(E) Therapeutic responses to improve parent, child, and family functioning, ensure children’s safety, permanency, and well-being, support participant behavior change, and promote participant accountability.
(F) Ongoing close judicial interaction with each participant.
(G) Collecting and reviewing data to monitor participant progress, engage in a process of continuous quality improvement, monitor adherence to best practice standards, and evaluate outcomes using scientifically reliable and valid procedures.
(H) Continued interdisciplinary education in order to promote effective family treatment court planning, implementation, and operation.
(I) The forging of partnerships among other family treatment courts, public agencies, and community-based organizations to generate local support.
(J) A family-centered, culturally relevant, and trauma-informed approach.
(K) Ensuring equity and inclusion.” MCL 600.1099aa(c).
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), felony means “a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 28.241a(f).
•For purposes of the Code of Criminal Procedure, felony means “a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 761.1(f).
•For purposes of the Michigan Penal Code, felony means “an offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.” MCL 750.7.
Financially able to pay for interpretation costs
•For purposes of MCR 1.111, concerning foreign language interpreters, a person is financially able to pay for interpretation costs if “the court determines that requiring reimbursement of interpretation costs will not pose an unreasonable burden on the person’s ability to have meaningful access to the court.” MCR 1.111(A)(3). For purposes of MCR 1.111, a person is financially able to pay for interpretation costs when:
“(a) The person’s family or household income is greater than 125% of the federal poverty level; and
(b) An assessment of interpretation costs at the conclusion of the litigation would not unreasonably impede the person’s ability to defend or pursue the claims involved in the matter.” MCR 1.111(A)(3).
G
Guaranteed appearance certificate
For purposes of the Michigan Vehicle Code, guaranteed appearance certificate “means a card or certificate containing a printed statement that a surety company authorized to do business in this state guarantees the appearance of the person whose signature appears on the card or certificate, and that the company, if the person fails to appear in court at the time of trial or sentencing or to pay any fines or costs imposed under this act, will pay any fine, costs, or bond forfeiture imposed on the person in a total amount not to exceed $200.00.” MCL 257.728(5)(d).
H
•For purposes of the Michigan Vehicle Code, highway means “the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.” MCL 257.20.
I
•For purposes of the Michigan Indigent Defense Commission Act, indigent “means meeting 1 or more of the conditions described in [MCL 780.991(3)].” MCL 780. 983(e).
Indigent criminal defense services
•For purposes of the Michigan Indigent Defense Commission Act, indigent criminal defense services means “local legal defense services provided to a defendant and to which both of the following conditions apply: (i) [t]he defendant is being prosecuted or sentenced for a crime for which an individual may be imprisoned upon conviction, beginning with the defendant’s initial appearance in court to answer to the criminal charge[, and] (ii) [t]he defendant is determined to be indigent under [MCL 780.991(3)].” MCL 780.983(f). Indigent criminal defense services do not include services authorized to be provided under the appellate defender act, MCL 780.711—MCL 780.719. MCL 780.983(g).
Indigent criminal defense system
•For purposes of the Michigan Indigent Defense Commission Act, indigent criminal defense system means either “[t]he local unit of government that funds a trial court[,]” or “[i]f a trial court is funded by more than 1 local unit of government, those local units of government, collectively.” MCL 780.983(h).
•For purposes of MCL 8.9(10)(c), ingestion means “to have eaten, drunk, ingested, inhaled, injected, or topically applied, or to have performed any combination of those actions, or otherwise introduced into the body.” MCL 8.9(10)(c)(iii).
•For purposes of the Code of Criminal Procedure, “[a]n individual is legally insane if, as a result of mental illness as defined in . . . MCL 330.1400, or as a result of having an intellectual disability as defined in . . . MCL 330.1100b, that person lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of the law. Mental illness or having an intellectual disability does not otherwise constitute a defense of legal insanity.” MCL 768.21a(1).
•For purposes of the Mental Health Code and the Code of Criminal Procedure, intellectual disability “means a condition manifesting before the age of 18 years that is characterized by significantly subaverage intellectual functioning and related limitations in 2 or more adaptive skills and that is diagnosed based on the following assumptions:
(a) Valid assessment considers cultural and linguistic diversity, as well as differences in communication and behavioral factors.
(b) The existence of limitation in adaptive skills occurs within the context of community environments typical of the individual’s age peers and is indexed to the individual’s particular needs for support.
(c) Specific adaptive skill limitations often coexist with strengths in other adaptive skills or other personal capabilities.
(d) With appropriate supports over a sustained period, the life functioning of the individual with an intellectual disability will generally improve.” MCL 330.1100b(13); see also MCL 768.21a(1).
•For purposes of MCL 8.9, intent means “a desire or will to act with respect to a material element of an offense if both of the following circumstances exist: a desire or will to act with respect to a material element of an offense if both of the following circumstances exist:
(i) The element involves the nature of a person’s conduct or a result of that conduct, and it is the person’s conscious object to engage in conduct of that nature or to cause that result.
(ii) The element involves the attendant circumstances, and the person is aware of the existence of those circumstances or believes or hopes that they exist.” MCL 8.9(10)(b).
•For purposes of the Deaf Persons’ Interpreters Act, intermediary interpreter or deaf interpreter means “any person, including any deaf or deaf-blind person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a deaf or deaf-blind person and a qualified interpreter.” MCL 393.502(e).
•For purposes of MCR 1.111, concerning foreign language interpreters, interpret and interpretation mean “the oral rendering of spoken communication from one language to another without change in meaning.” MCR 1.111(A)(5).
•For purposes of MCL 8.9, intoxicated or impaired “includes, but is not limited to, a condition of intoxication resulting from the ingestion of alcoholic liquor, a controlled substance, or alcoholic liquor and a controlled substance.” MCL 8.9(10)(c).
•For purposes of the MCL 257.625, intoxicating substance means “any substance, preparation, or a combination of substances and preparations other than alcohol or a controlled substance, that is either of the following:
(i) Recognized as a drug in any of the following publications or their supplements:
(A) The official United States pharmacopoeia.
(B) The official homeopathic pharmacopoeia of the United States.
(C) The official national formulary.
(ii) A substance, other than food, taken into a person’s body, including, but not limited to, vapors or fumes, that is used in a manner or for a purpose for which it was not intended, and that may result in a condition of intoxication.” MCL 257.625(25)(a).
J
•For purposes of the Code of Criminal Procedure, judicial district means “(i) [w]ith regard to the circuit court, the county[;] (ii) [w]ith regard to municipal courts, the city in which the municipal court functions or the village served by a municipal court under . . . MCL 600.9928[;] (iii) [w]ith regard to the district court, the county, district, or political subdivision in which venue is proper for criminal actions.” MCL 761.1(i).
•For purposes of Subchapter 6.900 of the Michigan Court Rules, juvenile means an individual at least 14 years of age who allegedly committed a specified juvenile violation on or after the individual’s 14th birthday and before the individual’s 18th birthday. MCR 6.903(E).
•For purposes of the Crime Victim’s Rights Act, Article 2, juvenile means “an individual alleged or found to be within the court’s jurisdiction under . . . [MCL 712A.2(a)(1)], for an offense, including, but not limited to, an individual in a designated case.” MCL 780.781(1)(e).
Juvenile history record information
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), juvenile history record information means “name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver’s license number, and other identifying numbers; and information on juvenile offense arrests and adjudications or convictions.” MCL 28.241a(g).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961, juvenile mental health court “means all of the following:
(i) A court-supervised treatment program for juveniles who are diagnosed by a mental health professional with having a serious emotional disturbance, co-occurring disorder, or developmental disability.
(ii) Programs designed to adhere to the 7 common characteristics of a juvenile mental health court as described under [MCL 600.1099c(3)].
(iii) Programs designed to adhere to the 10 essential elements of mental health court promulgated by the Bureau of Justice Assistance, or amended, that include all of the following characteristics:
(A) A broad-based group of stakeholders representing the criminal justice system, the juvenile justice system, the mental health system, the substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.
(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for juveniles with mental illnesses, and that take into account the relationship between mental illness and a juvenile’s offenses, while allowing the individual circumstances of each case to be considered.
(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.
(D) Terms of participation are clear, promote public safety, facilitate the juvenile’s engagement in treatment, are individualized to correspond to the level of risk that each juvenile presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.
(E) In accordance with the Michigan indigent defense commission act, [MCL 780.981–MCL 780.1003], provide legal counsel to juvenile respondents to explain program requirements, including voluntary participation, and guide juveniles in decisions about program involvement. Procedures exist in the juvenile mental health court to address, in a timely fashion, concerns about a juvenile’s competency whenever they arise.
(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.
(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights. Information gathered as part of the participants’ court-ordered treatment program or services is safeguarded from public disclosure in the event that participants are returned to traditional court processing.
(H) A team of criminal justice, if applicable, juvenile justice, and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants to achieve treatment and criminal and juvenile justice goals by regularly reviewing and revising the court process.
(I) Criminal and juvenile justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.
(J) Data are collected and analyzed to demonstrate the impact of the juvenile mental heath court, its performance is assessed periodically, procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1099b(e).
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), juvenile offense means “an offense committed by a juvenile that, if committed by an adult, would be a felony, a criminal contempt conviction under . . . MCL 600.2950 [or MCL] 600.2950a, a criminal contempt conviction for a violation of a foreign protection order that satisfies the conditions for validity provided in . . . MCL 600.2950i, or a misdemeanor.” MCL 28.241a(h).
K
•For purposes of MCL 8.9, knowledge means “awareness or understanding with respect to a material element of an offense if both of the following circumstances exist:
(i) The element involves the nature or the attendant circumstances of the person's conduct, and the person is aware that his or her conduct is of that nature or that those circumstances exist.
(ii) The element involves a result of the person's conduct, and the person is aware that it is practically certain that his or her conduct will cause that result.” MCL 8.9(10)(d).
L
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), law enforcement agency means “the police department of a city, township, or village, the sheriff’s department of a county, the department, or any other governmental law enforcement agency of this state.” MCL 28.241a(i).
M
•For purposes of the Code of Criminal Procedure, magistrate means “a judge of the district court or a judge of a municipal court. Magistrate does not include a district court magistrate, except that a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided in this act, the revised judicature act[,] . . . MCL 600.101 to [MCL] 600.9947, or any other statute. This definition does not limit the power of a justice of the supreme court, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases under this act, or deprive him or her of the power to exercise the authority of a magistrate.” MCL 761.1(l).
•For purposes of MCL 600.1090 et seq., mental health court means “any of the following:
(i) A court-supervised treatment program for individuals who are diagnosed by a mental health professional with having a serious mental illness, serious emotional disturbance, co-occurring disorder, or developmental disability.
(ii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the bureau of justice assistance that include all of the following characteristics:
(A) A broad-based group of stakeholders representing the criminal justice system, mental health system, substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.
(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for defendants with mental illnesses, and that take into account the relationship between mental illness and a defendant’s offenses, while allowing the individual circumstances of each case to be considered.
(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.
(D) Terms of participation are clear, promote public safety, facilitate the defendant’s engagement in treatment, are individualized to correspond to the level of risk that each defendant presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.
(E) In accordance with the Michigan indigent defense commission act, . . . MCL 780.981 to [MCL] 780.1003, provide legal counsel to indigent defendants to explain program requirements, including voluntary participation, and guides defendants in decisions about program involvement. Procedures exist in the mental health court to address, in a timely fashion, concerns about a defendant’s competency whenever they arise.
(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.
(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights as defendants. Information gathered as part of the participants’ court-ordered treatment program or services are safeguarded from public disclosure in the event that participants are returned to traditional court processing.
(H) A team of criminal justice and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants achieve treatment and criminal justice goals by regularly reviewing and revising the court process.
(I) Criminal justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.
(J) Data are collected and analyzed to demonstrate the impact of the mental health court, its performance is assessed periodically, and procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1090(e).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961 (juvenile mental health courts), mental health professional “means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:
(i) A physician.
(ii) A psychologist.
(iii) A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under part 172 of the public health code, . . . MCL 333.17201 to [MCL] 333.17242].
(iv) A licensed master’s social worker licensed or otherwise authorized to engage in the practice of social work at the mater’s level under part 185 of the public health code, . . . MCL 333.18501 to [MCL] 333.18518.
(v) A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under part 181 of the public health code, . . . MCL 333.18101 to [MCL] 333.18117.
(vi) A marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under part 169 of the public health code, . . . MCL 333.16901 to [MCL] 333.16915.” MCL 600.1099b(f).
•For purposes of the Mental Health Code and the Code of Criminal Procedure, mental illness “means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.” MCL 330.1400(g); see also MCL 768.21a(1).
•For purposes of the Fourth Amendment Rights Protection Act, metadata means “information generally not visible when an electronic document is printed describing the history, tracking, or management of the electronic document, including information about data in the electronic document that describes how, when, and by whom the data were collected, created, accessed, or modified and how the data are formatted. The term does not including any of the following:
(i) A spreadsheet formula.
(ii) A database field.
(iii) An externally or internally linked file.
(iv) A reference to an external file or hyperlink.” MCL 37.262(b).
•For purposes of the Code of Criminal Procedure, minor offense means “a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00.” MCL 761.1(m).
•For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), misdemeanor means “either of the following:
(i) A violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.
(ii) A violation of a local ordinance that substantially corresponds to state law and that is not a civil infraction.” MCL 28.241a(j).
•For purposes of the Code of Criminal Procedure, misdemeanor means “a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.” MCL 761.1(n).
•For purposes of the Michigan Penal Code, “[w]hen any act or omission, not a felony, is punishable according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty or forfeiture, or imprisonment, in the discretion of the court, such act or omission shall be deemed a misdemeanor.” MCL 750.8.
•For purposes of the Natural Resources and Environmental Protection Act, Part 801, Marine Safety, motorboat means “a vessel propelled wholly or in part by machinery.” MCL 324.80103(f).
•For purposes of the Michigan Vehicle Code, motor vehicle means “every vehicle that is self-propelled, but for purposes of chapter 4, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act . . . MCL 257.1571 to [MCL] 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard.” MCL 257.33.
•For purposes of MCL 257.601b, moving violation means “an act or omission prohibited under this act or a local ordinance substantially corresponding to this act that occurs while a person is operating a motor vehicle, and for which the person is subject to a fine.” MCL 257.601b(5)(b).
N
•For purposes of MCL 8.9, negligence means “the failure to use reasonable care with respect to a material element of an offense to avoid consequences that are the foreseeable outcome of the person’s conduct with respect to a material element of an offense and that threaten or harm the safety of another.” MCL 8.9(10)(e).
•For purposes of MCR 1.109, nonpublic “means that a case record is not accessible to the public. A nonpublic case record is accessible to parties and only those other individuals or entities specified in statute or court rule. A record may be made nonpublic only pursuant to statute or court rule. A court may not make a record nonpublic by court order.” MCR 1.109(H)(2).
Notice of electronic filing or service
•For purposes of MCR 1.109(G), notice of electronic filing or service “means a notice automatically generated by the e-filing system at the time a document is filed or served.” MCR 1.109(G)(1)(f).
O
•For purposes of the Crime Victim’s Rights Act, Article 2, offense means “1 or more of the following:
(i) A violation of a penal law of this state for which a juvenile offender, if convicted as an adult, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.
(ii) A violation of [MCL 750.81] (assault and battery, including domestic violence), [MCL 750.81a] (assault; infliction of serious injury, including aggravated domestic violence), [MCL 750.115] (breaking and entering or illegal entry), [MCL 750.136b(7)] (child abuse in the fourth degree), [MCL 750.145] (contributing to the neglect or delinquency of a minor), [MCL 750.145d] (using the internet or a computer to make a prohibited communication), [MCL 750.233] (intentionally aiming a firearm without malice), [MCL 750.234] (discharge of a firearm intentionally aimed at a person), [MCL 750.235] (discharge of an intentionally aimed firearm resulting in injury), [MCL 750.335a] (indecent exposure), or [MCL 750.411h] (stalking)[.]
(iii) A violation of [MCL 257.601b(2)] (injuring a worker in a work zone) or [MCL 257.617a] (leaving the scene of a personal injury accident) . . . or a violation of [MCL 257.625] (operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with unlawful blood alcohol content) . . . if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.
(iv) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of section 33 of the former 1933 (Ex Sess) PA 8, or [MCL 436.1701], if the violation results in physical injury or death to any individual.
(v) A violation of [MCL 324.80176(1) or MCL 324.80176(3)] (operating a motorboat while under the influence of or impaired by intoxicating liquor or a controlled substance, or with unlawful blood alcohol content) . . . if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.
(vi) A violation of a local ordinance substantially corresponding to a law enumerated in subparagraphs (i) to (v).
(vii) A violation described in subparagraphs (i) to (vi) that is subsequently reduced to a violation not included in subparagraphs (i) to (vi).” MCL 780.781(1)(g).
•For purposes of MCL 324.80176, operate means “to be in control of a vessel propelled wholly or in part by machinery while the vessel is underway and is not docked, at anchor, idle, or otherwise secured.” MCL 324.80176(8).
•For purposes of the Michigan Vehicle Code, operating while intoxicated means “any of the following:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning 5 years after the state treasurer publishes a certification under [MCL 257.625(28)], the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.” MCL 257.625(1).
Operating while intoxicated offense
•For purposes of MCL 764.9c, operating while intoxicated offense “means a violation of any of the following:
(i) . . . MCL 257.625 [or MCL] 257.625m.
(ii) A local ordinance substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].
(iii) A law of an Indian tribe substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].
(iv) A law of another state substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].
(v) A law of the United States substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].” MCL 764.9c(9)(b).
•For purposes of the Code of Criminal Procedure, ordinance violation means “either of the following: (i) [a] violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine[;] (ii) [a] violation of an ordinance, rule, or regulation of any other governmental entity authorized by law to enact ordinances, rules, or regulations that is punishable by imprisonment or a fine that is not a civil fine.” MCL 761.1(o).
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, other recorded information “includes, but is not limited to, notices, bench warrants, arrest warrants, and other process issued by the court that do not have to be maintained on paper or digital image.” MCR 1.109(A)(1)(b)(iv).
P
•For purposes of the Michigan Vehicle Code, parking means “standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.” MCL 257.38.
•For purposes of the Michigan Indigent Defense Commission Act, partially indigent means “a criminal defendant who is unable to afford the complete cost of legal representation, but is able to contribute a monetary amount toward his or her representation.” MCL 780.983(k).
•For purposes of MCL 600.1200 et seq., participant means “individual who is admitted into a veterans treatment court.” MCL 600.1200(e).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961 (juvenile mental health courts), participant “means a juvenile who is admitted into a juvenile mental health court.” MCL 600.1099b(g).
•For purposes of Chapter 10D of the Revised Judicature Act of 1961 (family treatment courts), participant “means an individual who is admitted into a family treatment court.” MCL 600.1099aa(f).
•For purposes of the Code of Criminal Procedure, person, accused, or a similar word means “an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.” MCL 761.1(p).
•For purposes of the Crime Victim’s Right Act, Article 1, person means “an individual, organization, partnership, corporation, or governmental entity.” MCL 780.752(1)(j).
•For purposes of the Crime Victim’s Right Act, Article 2, person means “an individual, organization, partnership, corporation, or governmental entity.” MCL 780.781(1)(h).
•For purposes of the Crime Victim’s Right Act, Article 3, person means “an individual, organization, partnership, corporation, or governmental entity.” MCL 780.811(1)(e).
•For purposes of the Michigan Vehicle Code, person means “every natural person, firm, copartnership, association, or corporation and their legal successors.” MCL 257.40.
•For purposes of the Michigan Vehicle Code, power-driven mobility device means “a mobility device powered by a battery, fuel, or other engine and used by an individual with a mobility disability for the purpose of locomotion. Notwithstanding any other provisions of this act, the requirements of this act apply to a power-driven mobility device while that device is being operated on a street, road, or highway in this state.” MCL 257.43c.
Preliminary chemical breath analysis
•For purposes of the Michigan Vehicle Code, preliminary chemical breath analysis means “the on-site taking of a preliminary breath test from the breath of a person for the purpose of detecting the presence of any of the following within the person’s body:
(a) Alcoholic liquor.
(b) A controlled substance, as that term is defined in . . . MCL 333.7104.
(c) Any other intoxicating substance, as that term is defined in [MCL 257.625].
(d) Any combination of the substances listed in subdivisions (a) to (c).” MCL 257.43a
•For purposes of MCR 6.006(B) and MCR 6.006(C), preferred mode means “scheduled to be conducted remotely subject to a request under MCR 2.407(B)(4) to appear in person by any participant, including a victim as defined by [MCL 780.752(1)(m)] or a determination by the court that a case is not suited for videoconferencing under MCR 2.407(B)(5).” MCR 6.006(B)(2); MCR 6.006(C)(1).
•For purposes of the Address Confidentiality Program Act, program participant “means an individual who is certified by the department of the attorney general as a program participant under MCL 780.855.” MCL 780.853(n).
•For purposes of the Code of Criminal Procedure, prosecuting attorney means “the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based.” MCL 761.1(r).
•For purposes of the Crime Victim’s Rights Act, prosecuting attorney means “the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, or a special prosecuting attorney.” MCL 780.752(1)(l).
Q
Qualified foreign language interpreter
•For purposes of MCR 1.111, qualified foreign language interpreter means:
“(a) A person who provides interpretation services, provided that the person has:
(i) registered with the State Court Administrative Office; and
(ii) passed the consecutive portion of a foreign language interpreter test administered by the State Court Administrative Office or a similar state or federal test approved by the state court administrator (if testing exists for the language), and is actively engaged in becoming certified; and
(iii) met the requirements established by the state court administrator for this interpreter classification; and
(iv) been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services, or
(b) A person who works for an entity that provides in-person interpretation services provided that:
(i) both the entity and the person have registered with the State Court Administrative Office; and
(ii) the person has met the requirements established by the state court administrator for this interpreter classification; and
(iii) the person has been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services, or
(c) A person who works for an entity that provides interpretation services by telecommunication equipment, provided that:
(i) the entity has registered with the State Court Administrative Office; and
(ii) the entity has met the requirements established by the state court administrator for this interpreter classification; and
(iii) the person has been determined by the court after voir dire to be competent to provide interpretation services for the proceeding in which the interpreter is providing services.” MCR 1.111(A)(6).
•For purposes of the Deaf Persons’ Interpreters Act, qualified interpreter means “a person who is certified through the national registry of interpreters for the deaf or certified through the state by the division.” MCL 393.502(f).
R
•For purposes of MCL 600.1428, record means “information of any kind that is recorded in any manner and that has been created by a court or filed with a court in accordance with supreme court rules.” MCL 600.1428(4).
•For purposes of MCL 8.9, recklessness means “an act or failure to act that demonstrates a deliberate, willful, or wanton disregard of a substantial and unjustifiable risk without reasonable caution for the rights, safety, and property of others.” MCL 8.9(10)(f).
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, recordings “refer to audio and video recordings (whether analog or digital), stenotapes, log notes, and other related records.” MCR 1.109(A)(1)(b)(ii).
•For purposes of MCR 1.109, redact “means to obscure individual items of information within an otherwise publicly accessible document.” MCR 1.109(H)(3).
S
•For purposes of MCL 257.601b, school bus zone means “the area lying within 20 feet of a school bus that has stopped and is displaying 2 alternately flashing red lights at the same level, except as described in [MCL 257.682(2)].” MCL 257.601b(5)(c).
•For purposes of MCL 764.15(1)(n), school property means “that term as defined in . . . MCL 333.7410.” MCL 333.7410(8)(b) defines school property as “a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those building used primarily for adult education or college extension courses.”
•For purposes of MCR 1.109, sealed “means that a document or portion of a document is sealed by court order pursuant to MCR 8.119(I). Except as required by statute, an entire case may not be sealed.” MCR 1.109(H)(5).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961 (juvenile mental health courts), serious emotional disturbance “means that term as defined in . . . MCL 330.1100d.” MCL 600.1099b(h).
Serious impairment of a body function
•For purposes of the Michigan Vehicle Code, serious impairment of a body function “includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or loss of use of a limb.
(b) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
(c) Loss of an eye or ear or loss of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.” MCL 257.58c.
•For purposes of Chapter 10C of the Revised Judicature Act of 1961 (juvenile mental health courts), serious mental illness “means that term as defined in . . . MCL 330.1100d.” MCL 600.1099b(i).
•For purposes of MCL 764.9c and the Crime Victim’s Rights Act, Article 3, “[e]xcept as otherwise defined in this article, as used in this article[, serious misdemeanor] means 1 or more of the following:
(i) A violation of [MCL 750.81], assault and battery, including domestic violence.
(ii) A violation of [MCL 750.81a], assault; infliction of serious injury, including aggravated domestic violence.
(iii) Beginning January 1, 2024, a violation of [MCL 750.81c(1)], threatening a [DHHS’] employee with physical harm.
(iv) A violation of [MCL 750.115], breaking and entering or illegal entry.
(v) A violation of [MCL 750.136b(7)], child abuse in the fourth degree.
(vi) A violation of [MCL 750.145], contributing to the neglect or delinquency of a minor.
(vii) A misdemeanor violation of [MCL 750.145d], using the internet or a computer to make a prohibited communication.
(viii) Beginning January 1, 2024, a violation of [MCL 750.174a(2)] or [MCL 750.174a(3)(b)], embezzlement from a vulnerable adult of an amount less than $200.00.
(ix) Beginning January 1, 2024, a violation of [MCL 750.174a(3)(a)], embezzlement from a vulnerable adult of an amount of $200.00 to $1,000.00.
(x) A violation of [MCL 750.233], intentionally aiming a firearm without malice.
(xi) A violation of [MCL 750.234], discharge of a firearm intentionally aimed at a person.
(xii) A violation of [MCL 750.235], discharge of an intentionally aimed firearm resulting in injury.
(xiii) A violation of [MCL 750.335a], indecent exposure.
(xiv) A violation of [MCL 750.411h], stalking.
(xv) A violation of [MCL 257.601b(2)], injuring a worker in a work zone.
(xvi) Beginning January 1, 2024, a violation of [MCL 257.601d(1)], moving violation causing death.
(xvii) Beginning January 1, 2024, a violation of [MCL 257.601d(2)], moving violation causing serious impairment of a body function.
(xviii) A violation of [MCL 257.617a], leaving the scene of a personal injury accident.
(xix) A violation of [MCL 257.625], operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.
(xx) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of [MCL 436.1701], if the violation results in physical injury or death to any individual.
(xxi) A violation of [MCL 324.80176(1) or MCL 324.80176(3)], operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.
(xxii) A violation of a local ordinance substantially corresponding to a violation enumerated in subparagraphs (i) to (xxi).
(xxiii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xxii) but subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, ‘crime’ means that term as defined in [MCL 780.752(1)(b)].” MCL 764.9c(9)(c); MCL 780.811(1)(a).
•For purposes of MCL 770.9b, sexual assault of a minor “means a violation of any of the following:
“(i) . . . MCL 750.520b, [MCL] 750.520c, and [MCL 750.520d(1)(b)-(e)], in which the victim of the offense is a minor.
(ii) . . . [MCL 750.520d(1)(a)], if the actor is 5 or more years older than the victim.
(iii) . . . MCL 750.520g, for assaulting an individual with the intent to commit criminal sexual conduct described in subparagraphs (i) and (ii).” MCL 770.9b(3)(b).
Sexually transmitted infection
•For purposes of MCL 333.5129(3), sexually transmitted infection “means syphilis, gonorrhea, chancroid, lymphogranuloma venereum, granuloma inguinale, and other sexually transmitted infections that the [Department of Health and Human Services] may designate and require to be reported under [MCL 333.5111].” MCL 333.5101(1)(h).
•For purposes of MCL 324.82101 et seq., snowmobile “means any motor-driven vehicle that is designed for travel primarily on snow or ice and that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under . . . MCL 257.1 to [MCL] 257.923.” MCL 324.82101(x).
•For purposes of MCL 764.1f, specified juvenile violation means “any of the following:
(a) A violation of [MCL 750.72, MCL 750.83, MCL 750.86, MCL 750.89, MCL 750.91, MCL 750.316, MCL 750.317, MCL 750.349, MCL 750.520b, MCL 750.529, MCL 750.529a, or MCL 750.531].
(b) A violation of [MCL 750.84 or MCL 750.110a(2)], if the juvenile is armed with a dangerous weapon.[]
(c) A violation of [MCL 750.186a], regarding escape or attempted escape from a juvenile facility, but only if the juvenile facility from which the individual escaped or attempted to escape was 1 of the following:
(i) A high-security or medium-security facility operated by the family independence agency or a county juvenile agency.
(ii) A high-security facility operated by a private agency under contract with the family independence agency or a county juvenile agency.
(d) A violation of [MCL 333.7401(2)(a)(i) or MCL 333.7403(2)(a)(i)].
(e) An attempt to commit a violation described in subdivisions (a) to (d).
(f) Conspiracy to commit a violation described in subdivisions (a) to (d).
(g) Solicitation to commit a violation described in subdivisions (a) to (d).
(h) Any lesser included offense of a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).
(i) Any other violation arising out of the same transactions as a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).” MCL 764.1f(2). See also MCR 6.903(H).
State-certified treatment court
•For purposes of MCL 600.1088, state-certified treatment court “includes the treatment courts certified by the state court administrative office as provided in” MCL 600.1062 (drug treatment court), MCL 600.1084 (DWI/sobriety court), MCL 600.1091 (mental health court), MCL 600.1099c (juvenile mental health court), or MCL 600.1201 (veterans treatment court). MCL 600.1088(2).
T
•For purposes of the Code of Criminal Procedure, taken, brought, or before “a magistrate or judge for purposes of criminal arraignment or the setting of bail means either” physical presence before a judge or district court magistrate or presence before a judge or district court magistrate by use of 2-way interactive video technology. MCL 761.1(t).
•For purposes of MCR 6.000-6800, technical probation violation means “any violation of the terms of a probation order, including missing or failing a drug test, excluding the following:
(a) A violation of an order of the court requiring that the probationer have no contact with a named individual.
(b) A violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law, whether or not a new criminal offense is charged.
(c) The consumption of alcohol by a probationer who is on probation for a felony violation of MCL 257.625.
(d) Absconding, defined as the intentional failure of a probationer to report to his or her supervising agent or to advise his or her supervising agent of his or her whereabouts for a continuous period of not less than 60 days.” MCR 6.003(7).
V
•For purposes of the Michigan Vehicle Code, vehicle means “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in . . . [MCL 125.2302].” MCL 257.79.
•For purposes of the Natural Resources and Environmental Protection Act, Part 801, Marine Safety, vessel means “every description of watercraft used or capable of being used as a means of transportation on water.” MCL 324.80104(t).
Veterans treatment court/veterans court
•For purposes of MCL 600.1200 et seq., veterans treatment court or veterans court means “a court adopted or instituted under [MCL 600.1201] that provides a supervised treatment program for individuals who are veterans and who abuse or are dependent upon any controlled substance or alcohol or suffer from a mental illness.” MCL 600.1200(j).
•For purposes of the Crime Victim’s Rights Act, Article 1, victim means “any of the following:
(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of the deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of the deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) to not apply.
(iii) A parent, guardian, or custodian of the victim, if the victim is less than 18 years of age, who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the legal process if he or she is neither the defendant nor incarcerated.
(v) For the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.752(1)(m).
•For purposes of the Crime Victim’s Rights Act, Article 2, victim means “any of the following:
(i) A person who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the juvenile if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the juvenile nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the legal process if he or she is neither the juvenile nor incarcerated.
(v) For the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the juvenile:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.781(1)(j).
•For purposes of the Crime Victim’s Rights Act, Article 3, victim means “any of the following:
(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a serious misdemeanor, except as provided in subparagraph (ii), (iii), (iv), or (v).
(ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v):
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.
(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses.
(iv) A parent, guardian, or custodian of a victim who is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process if he or she is not the defendant and is not incarcerated.
(v) For the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:
(A) The spouse of the victim.
(B) A child of the victim if the child is 18 years of age or older.
(C) A parent of the victim.
(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.
(E) A sibling of the victim.
(F) A grandparent of the victim.
(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.811(1)(h).
•For purposes of Subchapter 2.400 of the Michigan Court Rules, videoconferencing means “the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only option.” MCR 2.407(A)(2).
•For purposes of MCL 762.10d, MCL 764.1a, and MCL 764.3, violent felony “means that term as defined in . . . MCL 791.236.” MCL 762.10d(5)(c); MCL 764.1a(9)(d); MCL 764.3(5)(c). “As used in [MCL 791.236], ‘violent felony’ means an offense against a person in violation of MCL 750.82, [MCL] 750.83, [MCL] 750.84, [MCL] 750.86, [MCL] 750.87, [MCL] 750.88, [MCL] 750.89, [MCL] 750.316, [MCL] 750.317, [MCL] 750.321, [MCL] 750.349, [MCL] 750.349a, [MCL] 750.350, [MCL] 750.397, [MCL] 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520e, [MCL] 750.520g, [MCL] 750.529, [MCL] 750.529a, [or MCL] 750.530.” MCL 791.236(20).
•For purposes of MCR 6.106(B)(1), violent felony means “a felony, an element of which involves a violent act or threat of a violent act against any other person.” MCR 6.106(B)(2).
•For purposes of Chapter 10D of the Revised Judicature Act of 1961 (family treatment courts), violent offender “means an individual who is currently charged with or has pled guilty to an offense involving the death of or serious bodily injury to any individual, whether or not death or serious bodily injury is an element of the offense, or an offense that is criminal sexual conduct of any degree.” MCL 600.1099aa(i).
•For purposes of MCL 764.1a, vulnerable adult means “that term as defined in . . . MCL 750.145m.” MCL 764.1a(9)(b). MCL 750.145m(u) defines vulnerable adult as “1 or more of the following: (i) [a]n individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently[;] (ii) [a]n adult as defined in . . . MCL 400.703[;] (iii) [a]n adult as defined in . . . MCL 400.11.”