[§806-86]  Procedure for motion to dismiss. 
(a)  The defendant may move in circuit court to dismiss the information on
the grounds that the information and its exhibit do not establish the existence
of probable cause to believe that the offense charged was committed or probable
cause to believe that the defendant committed the offense.



(b)  Upon the filing of the motion to dismiss,
the court shall conduct a hearing within a reasonable time, but no later than
thirty days after filing, except as otherwise agreed upon by the parties.



(c)  If the defendant is incarcerated the court
shall conduct a hearing no later than fifteen days after filing, except as
otherwise agreed upon by the parties.



(d)  An information shall not be dismissed due
to the failure of the court to conduct a hearing within the periods of time
stated above; provided, that if the defendant is incarcerated due to an
inability to post the previously set bail and a hearing is not held within the
specified time period, the court shall immediately hold a hearing to consider
whether the defendant should be released upon reasonable conditions set by the
court.



(e)  The information and all its attachments
shall be considered by the court and made a part of the record at a hearing on
the motion to dismiss the information. [L 2004, c 62, pt of §1]