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MI HB5317

Bill

Status

Introduced

2/9/2016

Primary Sponsor

Jeff Irwin

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

HB 5317 Summary

  • Prosecuting attorney may automatically designate cases involving juveniles 14+ charged with "specified juvenile violations" (including certain violent crimes, armed assault, escape from secure facilities, and drug offenses) for trial as adults without requiring a court hearing.

  • For non-specified felony offenses, prosecuting attorney may request adult trial designation, but court must hold a hearing and consider factors including offense severity, juvenile's culpability, prior delinquency record, programming history, and available resources before designating.

  • Establishes probable cause hearing requirements within 14 days of case designation for felony-level offenses, with hearing to be conducted by different judge than trial judge if case proceeds as adult prosecution.

  • Juvenile convicted as adult receives criminal conviction with same effect as adult conviction; sentencing options limited to those available under section 18(1)(m) of Probate Code and generally excludes commitment to Department of Corrections.

  • Bill takes effect 90 days after enactment and is contingent on simultaneous passage of HB 5318, 5319, 5320, 5321, 5322, 5323, and 5324; repeals MCL 600.606 (Recorder's Court jurisdiction for juveniles in Detroit).

Legislative Description

Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in probate code of 1939. Amends secs. 2, 2d, 4 & 18h, ch. XIIA of 1939 PA 288 (MCL 712A.2 et seq.) & repeals sec. 606 of 1961 PA 236 (MCL 600.606). TIE BAR WITH: HB 5318'16, HB 5319'16, HB 5320'16, HB 5321'16, HB 5322'16, HB 5323'16, HB 5324'16

Juveniles: criminal procedure

Last Action

Bill Electronically Reproduced 02/09/2016

2/10/2016

Committee Referrals

Criminal Justice2/9/2016

Full Bill Text

No bill text available