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MI HB4436
Bill
Status
4/19/2023
Primary Sponsor
Dylan Wegela
Click for details
AI Summary
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Creates a presumption that self-incriminating statements by juveniles are inadmissible if obtained during custodial detention when law enforcement officers knowingly engaged in deception.
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Defines "deception" as knowing communication of false facts about evidence or unauthorized statements regarding leniency by law enforcement officers to juveniles in custody.
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Allows the state to overcome the presumption of inadmissibility by proving by a preponderance of the evidence that the deception did not cause the statement to be involuntary based on totality of circumstances.
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Updates Section 1 of Chapter XIIA with new definitions for custodial detention, deception, interrogation, and law enforcement officer, and adds "qualified juvenile forensic mental health examiner" to the definition of qualified juvenile competency evaluators.
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Takes effect January 1, 2025.
Legislative Description
Juveniles: other; presumption of admissibility for a juvenile's self-incriminating responses obtained through deceptive police practices; modify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds sec. 17e to ch. XIIA.
Juveniles: other
Last Action
Bill Electronically Reproduced 04/19/2023
4/20/2023