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MI HB6345
Bill
Status
7/20/2022
Primary Sponsor
Sarah Lightner
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AI Summary
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Expands Michigan Indigent Defense Commission (MIDC) authority to cover both indigent criminal defense services for adults and indigent juvenile defense services for juveniles in delinquency proceedings.
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Modifies the definition of "adult" to include juveniles under 18 years of age who are tried as adults under specified circumstances, and adds new definitions for "indigent juvenile defense services" and "juvenile."
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Requires MIDC to establish minimum standards for delivering effective indigent defense services to both adults and juveniles, with standards designed to ensure constitutional compliance while respecting the Supreme Court's authority over court practice and procedure.
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Updates indigency determination procedures to apply to both adults and juveniles, including consideration of parents' or legal guardians' income and resources for juveniles, with rebuttable presumptions for individuals receiving public assistance or earning less than 140% of federal poverty guidelines.
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Removes a specific provision requiring MIDC to submit a report by October 31, 2021 regarding appropriate local share levels, and leaves blank the definition of "local share" as it applies to juvenile defense services pending further legislative action.
Legislative Description
Criminal procedure: defenses; Michigan indigent defense commission act; expand definitions. Amends title & secs. 3, 5, 7, 9, 11, 13, 15, 17, 21 & 23 of 2013 PA 93 (MCL 780.983 et seq.).
Criminal procedure: defenses
Last Action
Bill Electronically Reproduced 07/20/2022
8/17/2022