Senate Bill 1383 Summary

• Beginning January 1, 2014, prosecutors may file a motion within 14 days of conviction requesting that a defendant under 18 at the time of a murder conviction (MCL 750.316) be sentenced to life imprisonment without parole eligibility; if the prosecutor fails to file the motion, the court must sentence to life with parole eligibility after 45 years.

• At a sentencing hearing on the prosecutor's motion, the court must consider specified aggravating factors including felony murder circumstances, multiple murders, victim status (officer/judge/prosecutor/law enforcement), torture, victim age under 13, sexual assault involvement, and witness intimidation.

• Mitigating factors for court consideration include no significant criminal history, extreme mental/emotional disturbance, victim participation, minor accomplice role, domination by another person, mental illness or retardation impairing capacity, and the defendant's age and mental development.

• The bill does not apply retroactively to cases final for appeal before June 24, 2012, but if the U.S. Supreme Court's decision in Miller v. Alabama applies retroactively, prosecutors may file resentencing motions within 180 days or 60 days after final court determination, with default to 45-year parole eligibility if no motion is filed.

• The bill's effectiveness is conditioned on the enactment of Senate Bill 1382 of the 96th Legislature.