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MI HB4806

Bill

Status

Introduced

6/6/2013

Primary Sponsor

Joe Haveman

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Allows prisoners sentenced to mandatory life without parole for felonies committed before age 18 to petition for resentencing if sentence was imposed before January 1, 2014.

  • Permits both the prosecuting attorney and the prisoner to file motions for resentencing at any time after January 1, 2014.

  • Requires the court to conduct a resentencing hearing when the prosecution seeks to maintain life without parole or when the prosecution contests the prisoner's request for a reduced sentence.

  • Court must consider eight specific factors at resentencing hearing including the person's character, age at time of crime, circumstances of offense, potential for rehabilitation, family background, and whether youth-related incompetency may have led to a more serious charge.

  • Court must specify on the record the aggravating and mitigating circumstances considered and provide reasons for the sentence imposed.

Legislative Description

Criminal procedure; sentencing; life offense where accused is a minor; revise factors to consider. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 33 to ch. IX.

Juveniles, criminal procedure

Last Action

Printed Bill Filed 06/07/2013

6/11/2013

Committee Referrals

Criminal Justice6/6/2013

Full Bill Text

No bill text available