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MI HB4956
Bill
Status
10/7/2015
Primary Sponsor
Vanessa Guerra
Click for details
AI Summary
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Allows family division judges to waive jurisdiction over juveniles age 14 or older accused of felonies upon motion by the prosecuting attorney, transferring cases to courts of general criminal jurisdiction for adult prosecution.
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Requires courts to provide notice to the juvenile, parents/guardians, and prosecuting attorney before conducting a waiver hearing, clearly stating the juvenile could be prosecuted as an adult if waiver is granted.
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Mandates courts establish probable cause that a felony was committed and the juvenile committed it before considering waiver, with juveniles able to waive the preliminary examination upon being informed of this waiver.
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Establishes six criteria courts must consider when determining if waiver serves the best interests of the juvenile and public: offense seriousness, juvenile's culpability, prior delinquency record, programming history, adequacy of juvenile justice system resources, and available dispositional options.
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Creates mandatory waiver requirement if probable cause is found and the juvenile has previously been subject to circuit court jurisdiction under this section or related statute, with courts required to enter written orders with findings of fact supporting their waiver decisions.
Legislative Description
Juveniles; criminal procedure; factors to consider when determining jurisdiction over juveniles in certain circumstances; modify. Amends sec. 4, ch. XIIA of 1939 PA 288 (MCL 712A.4). TIE BAR WITH: HB 4955'15
Juveniles: criminal procedure
Last Action
Referred To Committee On Judiciary
4/28/2016