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MI HB6015

Bill

Status

Introduced

11/8/2012

Primary Sponsor

Joe Haveman

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Requires juveniles convicted of 12 specified serious offenses (including murder, sexual assault, armed robbery, and carjacking) to be sentenced as adults, with exceptions for cases where the court determines by preponderance of evidence that juvenile rehabilitation options better serve the public interest.

  • Establishes mandatory consideration hearing for juvenile offenders not required to be sentenced as adults, during which courts must evaluate offense severity, juvenile's culpability, prior delinquency record, programming history, and available dispositional options before imposing adult-like sentences.

  • Creates new sentencing procedures for defendants under 18 at time of offense facing mandatory life without parole: requires prosecuting attorney to file motion within 14 days (or 28 days for pre-existing cases) to request hearing on whether life without parole or life with parole eligibility should apply.

  • Specifies aggravating and mitigating factors courts must consider at sentencing hearings for juvenile offenders facing life sentences, including defendant's role in offense, victim characteristics, prior criminal history, mental/emotional state, and age-related developmental factors.

  • Allows prisoners currently serving mandatory life sentences imposed before this law's effective date to petition for resentencing consideration, with either the prosecutor or prisoner able to file motion requesting hearing to determine appropriate sentence.

Legislative Description

Criminal procedure; sentencing; life offense where accused is a minor; revise factors to consider. Amends sec. 1, ch. IX of 1927 PA 175 (MCL 769.1) & adds secs. 1m & 1n to ch. IX.

Juveniles, criminal procedure

Last Action

Printed Bill Filed 11/09/2012

11/27/2012

Committee Referrals

Judiciary11/8/2012

Full Bill Text

No bill text available