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MI HB5487

Bill

Status

Introduced

9/29/2009

Primary Sponsor

Lesia Liss

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Origin

House of Representatives

95th Legislature

AI Summary

  • Juveniles age 10 and older are presumed competent to proceed in court unless competency is challenged by a party.
  • Juveniles under age 10 are presumed incompetent to proceed.
  • Court or any party (juvenile, juvenile's attorney, or prosecuting attorney) may request a competency evaluation to determine if a juvenile charged as a juvenile is incompetent to proceed.
  • Delinquency proceedings must temporarily cease when competency is raised until a determination is made on the juvenile's competence.
  • Bill takes effect only if House Bills 5484, 5485, 5486, 5488, and 5489 are all enacted into law.

Legislative Description

Juveniles; criminal procedure; juvenile competency and evaluation; clarify. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 18n to ch. XIIA. TIE BAR WITH: HB 5484'09, HB 5485'09, HB 5486'09, 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