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MI HB5486

Bill

Status

Introduced

9/29/2009

Primary Sponsor

Lesia Liss

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

  • Court must hold a competency hearing within 30 days after a mental evaluation report is filed to determine if a juvenile is competent to proceed, allowing parties to introduce additional evidence or submit written stipulations.

  • Charges against a juvenile must be dismissed if the court finds the juvenile incompetent to proceed or determines there is a substantial probability the juvenile will remain incompetent for the foreseeable future or within the restoration period, and the court may determine custody.

  • Court-appointed qualified examiners conducting mental competency evaluations are entitled to reasonable fees, with the court determining who pays for the competency evaluation.

  • Bill takes effect only if House Bills 5485, 5487, 5488, and 5489, and House Bill 5484 are all enacted into law.

Legislative Description

Juveniles; criminal procedure; juvenile competency hearing; require. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 18q to ch. XIIA. TIE BAR WITH: HB 5484'09, HB 5485'09, HB 5487'09, HB 5488'09, HB 5489'09

Juveniles, criminal procedure

Last Action

Referred To Second Reading

6/9/2010

Committee Referrals

Judiciary9/29/2009

Full Bill Text

No bill text available