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MI SB1554
Bill
Status
11/3/2010
Primary Sponsor
Patricia Birkholz
Click for details
AI Summary
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Allows first-time offenders charged with assault (MCL 750.81 or 750.81a) where the victim is a spouse, former spouse, dating partner, child's other parent, or household member to defer prosecution and receive probation without entering a guilty plea, with consent of the accused and prosecutor.
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Requires courts to check state police records before deferring proceedings to confirm the defendant has not previously been convicted of an assaultive crime or previously used this diversion option.
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Permits probation conditions including mandatory counseling for violent behavior, no-contact orders, drug treatment court participation, and up to 12 months of jail time (or the maximum authorized for the offense if less than 12 months).
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Mandates entry of guilt and normal sentencing if the defendant commits another assaultive crime, violates counseling orders, or violates no-contact orders during probation.
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Upon successful completion of probation, the defendant receives discharge and dismissal without conviction, though state police retain nonpublic records; limits this option to one use per individual lifetime.
Legislative Description
Criminal procedure; probation; retention of nonpublic records during period of diversion for a controlled substance violation; clarify. Amends sec. 4a, ch. IX of 1927 PA 175 (MCL 769.4a).
State agencies (existing), state police
Last Action
Referred To Committee On Judiciary
11/3/2010