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MI SB0809

Bill

Status

Passed

4/22/2014

Primary Sponsor

Mark Jansen

Click for details

Origin

Senate

97th Legislature

AI Summary

  • Replaces references to "mentally retarded" and "mental retardation" with "intellectual disability" throughout Michigan's criminal procedure law relating to insanity defenses.

  • Requires defendants asserting an insanity defense in felony cases to file written notice at least 30 days before trial and undergo examination by the Center for Forensic Psychiatry or qualified personnel for up to 60 days.

  • Defines legal insanity as resulting from mental illness or intellectual disability that prevents a person from appreciating the nature and wrongfulness of their conduct or conforming their behavior to the law.

  • Allows courts to impose "guilty but mentally ill" verdicts when defendants are found guilty beyond reasonable doubt but mentally ill, with mandatory treatment as a condition of probation or parole for at least 5 years.

  • Updates sentencing guidelines to reference eight specific child welfare and obscenity offenses related to child care facilities, child abuse reporting, and surrogate parenting arrangements.

Legislative Description

Mental health; other; reference to mentally retarded and mental retardation; change to intellectual disability. Amends secs. 20a, 21a & 36, ch. VIII & sec. 15g, ch. XVII of 1927 PA 175 (MCL 768.20a et seq.).

Criminal procedure, mental capacity

Last Action

Assigned Pa 0076'14 With Immediate Effect

4/22/2014

Committee Referrals

Health Policy2/20/2014

Full Bill Text

No bill text available