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MI HB4955

Bill

Status

Introduced

10/7/2015

Primary Sponsor

Harvey Santana

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Changes the crime triggering mandatory adult sentencing for juveniles from "arson of a dwelling" to "first degree arson" under MCL 750.72.

  • Requires courts to conduct sentencing hearings for juveniles not mandatorily sentenced as adults, using preponderance of evidence standard to determine if public interest is served by juvenile rehabilitation versus adult sentencing.

  • Specifies six factors courts must consider when determining juvenile sentencing: offense seriousness, juvenile's culpability, prior delinquency record, programming history, adequacy of juvenile justice resources, and available dispositional options.

  • Establishes procedures for juveniles convicted of drug violations (MCL 333.7403) including hearing requirements, clear and convincing evidence standard for sentences of 25+ years, and annual court review of placements.

  • Requires courts to examine presentence reports and verify fingerprinting before sentencing felons or misdemeanors punishable by over 92 days imprisonment, and to report certain convictions to the licensing authority.

Legislative Description

Criminal procedure; sentencing; juveniles who may be sentenced in the same manner as an adult; revise criteria. Amends sec. 1, ch. IX of 1927 PA 175 (MCL 769.1). TIE BAR WITH: HB 4956'15

Juveniles: criminal procedure

Last Action

Referred To Committee On Judiciary

4/28/2016

Committee Referrals

Judiciary4/28/2016
Criminal Justice10/7/2015

Full Bill Text

No bill text available