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MI HB4793
Bill
Status
6/20/2017
Primary Sponsor
Jewell Jones
Click for details
AI Summary
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Expands the list of juvenile offenses requiring adult sentencing to include first degree arson (changing from "arson of a dwelling") in violation of MCL 750.72.
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Requires courts to conduct a sentencing hearing for juveniles not mandatorily tried as adults, with the burden on the state to prove by preponderance of evidence that public interests are best served by adult sentencing rather than juvenile disposition.
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Removes language giving greater weight to offense seriousness and prior delinquency record; instead requires courts to consider six factors equally: offense seriousness, juvenile culpability, prior delinquency record, programming history, adequacy of juvenile justice system punishments, and available dispositional options.
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Allows courts to sentence juveniles convicted of drug violations to 25+ years imprisonment if clear and convincing evidence shows adult sentencing serves public interests.
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Contains technical language updates replacing "shall" with "must" and updating references from "family independence agency" to "department of health and human services."
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 4675'17
Juveniles: criminal procedure
Last Action
Referred To Second Reading
11/28/2018