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MI HB5642
Bill
Status
4/18/2024
Primary Sponsor
Tom Kuhn
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AI Summary
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Court may order a mental health screening assessment as a bond condition for any defendant arrested for a misdemeanor or felony offense while in possession of a firearm, with a court-specified completion date.
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Defendant may choose their own mental health professional or, if indigent or declining, must be assessed by a professional from the county community corrections or community mental health office.
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Court shall review assessment results and may modify release conditions or revoke bond if the assessment indicates danger to defendant's self, another individual, or the community; conditions must be reviewed every 30 days if danger is indicated.
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Failure to obtain the assessment within the ordered timeframe requires the defendant to appear and show cause, with court discretion to amend conditions or revoke bond.
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Officer in charge of investigation, defense counsel, or prosecuting attorney may request a mental health screening assessment at the defendant's arraignment if one has not yet been ordered; court may grant or deny the request at its discretion.
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Qualified mental health professionals include physicians, psychologists, registered nurses, licensed master's social workers, and licensed professional counselors.
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Bill takes effect only if HB 5643 or Senate Bill No. ____ (specific bill number not provided) is enacted.
Legislative Description
Criminal procedure: arrests; bond condition of psychological screening for defendant arrested while in possession of a firearm; create. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 6f to ch. V. TIE BAR WITH: HB 5643'24
Weapons: firearms
Last Action
Bill Electronically Reproduced 04/18/2024
4/23/2024