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MI SB0633
Bill
AI Summary
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Allows courts to defer proceedings and place first-time offenders on probation without entering a judgment of guilt for assault charges (MCL 750.81 and 750.81a) when the victim is a spouse, former spouse, co-parent, dating partner, or household member.
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Requires courts to consult with prosecuting attorneys and victims before deferring proceedings, and mandates verification through state police records that the accused has not previously been convicted of an assaultive crime or used this diversion option.
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Permits courts to impose probation conditions including mandatory counseling, drug treatment court participation, jail time (up to 12 months), day parole, and work or school release from jail.
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Requires entry of guilty judgment if the accused commits another assaultive crime during probation, violates counseling orders, or violates no-contact orders with specified individuals.
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Upon successful completion of probation, the case is dismissed without adjudication of guilt, but the nonpublic arrest record remains accessible to courts, law enforcement, prosecutors, and specified government agencies for specific purposes; limits one-time use of this diversion per individual.
Legislative Description
Criminal procedure; probation; retention of nonpublic records during period of diversion for certain crimes; clarify. Amends sec. 4a, ch. IX of 1927 PA 175 (MCL 769.4a).
State agencies (existing), state police
Last Action
Assigned Pa 0550'12 2012 Addenda
12/31/2012