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MI HB5317
Bill
Status
2/9/2016
Primary Sponsor
Jeff Irwin
Click for details
AI Summary
HB 5317 Summary
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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.
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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.
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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.
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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.
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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