(a) A person is guilty of failure to appear in the first degree when (1) while charged with the commission of a felony and while out on bail or released under other procedure of law, such person wilfully fails to appear when legally called according to the terms of such person's bail bond or promise to appear, or (2) while on probation for conviction of a felony, such person wilfully fails to appear when legally called for any court hearing relating to a violation of such probation.

(b) Failure to appear in the first degree is a class D felony.

(1969, P.A. 828, S. 174; P.A. 92-260, S. 64; P.A. 98-26, S. 1; P.A. 10-180, S. 1.)

History: P.A. 92-260 made technical changes in Subsec. (a) by repositioning and rephrasing language; P.A. 98-26 added Subsec. (a)(2) re failure to appear for a violation of probation hearing; P.A. 10-180 amended Subsec. (a) to replace in Subdiv. (2) “a violation of probation hearing” with “any court hearing relating to a violation of such probation” and make technical changes.

Cited. 176 C. 421; 221 C. 407; 222 C. 556; 223 C. 283; 227 C. 829; 229 C. 285; Id., 529; 236 C. 112; 242 C. 296.

Cited. 4 CA 154; 6 CA 402; 12 CA 621; 13 CA 413; 17 CA 556; 20 CA 205; 24 CA 316; 25 CA 575; 27 CA 279; 29 CA 801; judgment reversed, see 229 C. 285; 30 CA 9; Id., 190; 34 CA 191; 36 CA 691; 37 CA 437; 39 CA 816; 41 CA 47; 43 CA 142; Id., 552. In order to prove the wilful element, state must prove beyond a reasonable doubt either that defendant received and deliberately ignored a notice to appear or that he intentionally embarked on a course of conduct designed to prevent him from receiving such notice. 108 CA 772.