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MI HB5484
Bill
Status
9/29/2009
Primary Sponsor
Lesia Liss
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AI Summary
House Bill 5484 Summary
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Constitutional protections against self-incrimination apply to all competency evaluations of juveniles.
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Evidence or statements obtained during competency evaluations are inadmissible to determine guilt or innocence unless the juvenile presents evidence rebutting criminal responsibility.
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Statements made during competency evaluations may not be used for any purpose without written consent from the juvenile or guardian, who must have opportunity to consult with their attorney.
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After case adjudication or finding of incompetency, courts must seal all competency evaluation reports, with limited exceptions for further evaluations, statistical analysis, mental health treatment assistance, data gathering, and scientific research.
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Bill takes effect only upon enactment of companion bills HB 5485, 5486, 5487, 5488, and 5489.
Legislative Description
Juveniles; criminal procedure; certain statements made during juvenile competency evaluation; clarify. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 18r to ch. XIIA. TIE BAR WITH: HB 5485'09, HB 5486'09, HB 5487'09, HB 5488'09, HB 5489'09
Juveniles, criminal procedure
Last Action
Referred To Second Reading
6/9/2010