Bill Text: MI HB4141 | 2019-2020 | 100th Legislature | Engrossed


Bill Title: Juveniles; criminal procedure; specified juvenile violation definition; modify in probate code of 1939. Amends secs. 2 & 2d, ch. XIIA of 1939 PA 288 (MCL 712A.2 & 712A.2d). TIE BAR WITH: HB 4443'19, HB 4452'19

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-12-10 - Reassigned To Committee On Judiciary And Public Safety [HB4141 Detail]

Download: Michigan-2019-HB4141-Engrossed.html

HB-4141, As Passed House, April 25, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4141

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending section 2 of chapter XIIA (MCL 712A.2), as amended by

 

2018 PA 58.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XIIA

 

     Sec. 2. The court has the following authority and

 

jurisdiction:

 

     (a) Exclusive original jurisdiction superior to and regardless

 

of the jurisdiction of another court in proceedings concerning a

 

juvenile under 17 18 years of age who is found within the county if

 

1 or more of the following apply:

 

     (1) Except as otherwise provided in this sub-subdivision, the

 

juvenile has violated any municipal ordinance or law of the state


or of the United States. If the court enters into an agreement

 

under section 2e of this chapter, the court has jurisdiction over a

 

juvenile who committed a civil infraction as provided in that

 

section. The court has jurisdiction over a juvenile 14 years of age

 

or older who is charged with a specified juvenile violation only if

 

the prosecuting attorney files a petition in the court instead of

 

authorizing a complaint and warrant. As used in this sub-

 

subdivision, "specified juvenile violation" means 1 or more of the

 

following:

 

     (A) A violation of section 72, 83, 86, 89, 91, 316, 317, 349,

 

520b, 529, 529a, or 531 of the Michigan penal code, 1931 PA 328,

 

MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317,

 

750.349, 750.520b, 750.529, 750.529a, and 750.531.

 

     (B) A violation of section 84 or 110a(2) of the Michigan penal

 

code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile is

 

armed with a dangerous weapon. As used in this paragraph,

 

"dangerous weapon" means 1 or more of the following:

 

     (i) A loaded or unloaded firearm, whether operable or

 

inoperable.

 

     (ii) A knife, stabbing instrument, brass knuckles, blackjack,

 

club, or other object specifically designed or customarily carried

 

or possessed for use as a weapon.

 

     (iii) An object that is likely to cause death or bodily injury

 

when used as a weapon and that is used as a weapon or carried or

 

possessed for use as a weapon.

 

     (iv) An object or device that is used or fashioned in a manner

 

to lead a person to believe the object or device is an object or


device described in subparagraphs (i) to (iii).

 

     (C) A violation of section 186a of the Michigan penal code,

 

1931 PA 328, MCL 750.186a, regarding escape or attempted escape

 

from a juvenile facility, but only if the juvenile facility from

 

which the individual escaped or attempted to escape was 1 of the

 

following:

 

     (i) A high-security or medium-security facility operated by

 

the department or a county juvenile agency.

 

     (ii) A high-security facility operated by a private agency

 

under contract with the department or a county juvenile agency.

 

     (D) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of

 

the public health code, 1978 PA 368, MCL 333.7401 and 333.7403.

 

     (E) An attempt to commit a violation described in paragraphs

 

(A) to (D).

 

     (F) Conspiracy to commit a violation described in paragraphs

 

(A) to (D).

 

     (G) Solicitation to commit a violation described in paragraphs

 

(A) to (D).

 

     (H) A lesser included offense of a violation described in

 

paragraphs (A) to (G) if the individual is charged with a violation

 

described in paragraphs (A) to (G).

 

     (I) Another violation arising out of the same transaction as a

 

violation described in paragraphs (A) to (G) if the individual is

 

charged with a violation described in paragraphs (A) to (G).

 

     (2) The juvenile has deserted his or her home without

 

sufficient cause, and the court finds on the record that the

 

juvenile has been placed or refused alternative placement or the


juvenile and the juvenile's parent, guardian, or custodian have

 

exhausted or refused family counseling.

 

     (3) The juvenile is repeatedly disobedient to the reasonable

 

and lawful commands of his or her parents, guardian, or custodian,

 

and the court finds on the record by clear and convincing evidence

 

that court-accessed services are necessary.

 

     (4) The juvenile willfully and repeatedly absents himself or

 

herself from school or other learning program intended to meet the

 

juvenile's educational needs, or repeatedly violates rules and

 

regulations of the school or other learning program, and the court

 

finds on the record that the juvenile, the juvenile's parent,

 

guardian, or custodian, and school officials or learning program

 

personnel have met on the juvenile's educational problems and

 

educational counseling and alternative agency help have been

 

sought. As used in this sub-subdivision only, "learning program"

 

means an organized educational program that is appropriate, given

 

the age, intelligence, ability, and psychological limitations of a

 

juvenile, in the subject areas of reading, spelling, mathematics,

 

science, history, civics, writing, and English grammar.

 

     (b) Jurisdiction in proceedings concerning a juvenile under 18

 

years of age found within the county:

 

     (1) Whose parent or other person legally responsible for the

 

care and maintenance of the juvenile, when able to do so, neglects

 

or refuses to provide proper or necessary support, education,

 

medical, surgical, or other care necessary for his or her health or

 

morals, who is subject to a substantial risk of harm to his or her

 

mental well-being, who is abandoned by his or her parents,


guardian, or other custodian, or who is without proper custody or

 

guardianship. As used in this sub-subdivision:

 

     (A) "Education" means learning based on an organized

 

educational program that is appropriate, given the age,

 

intelligence, ability, and psychological limitations of a juvenile,

 

in the subject areas of reading, spelling, mathematics, science,

 

history, civics, writing, and English grammar.

 

     (B) "Neglect" means that term as defined in section 2 of the

 

child abuse and neglect prevention act, 1982 PA 250, MCL 722.602.

 

     (C) "Without proper custody or guardianship" does not mean a

 

parent has placed the juvenile with another person who is legally

 

responsible for the care and maintenance of the juvenile and who is

 

able to and does provide the juvenile with proper care and

 

maintenance.

 

     (2) Whose home or environment, by reason of neglect, cruelty,

 

drunkenness, criminality, or depravity on the part of a parent,

 

guardian, nonparent adult, or other custodian, is an unfit place

 

for the juvenile to live in. As used in this sub-subdivision,

 

"neglect" means that term as defined in section 2 of the child

 

abuse and neglect prevention act, 1982 PA 250, MCL 722.602.

 

     (3) If the juvenile is dependent and is in danger of

 

substantial physical or psychological harm. The juvenile may be

 

found to be dependent when any of the following occurs:

 

     (A) The juvenile is homeless or not domiciled with a parent or

 

other legally responsible person.

 

     (B) The juvenile has repeatedly run away from home and is

 

beyond the control of a parent or other legally responsible person.


     (C) The juvenile is alleged to have committed a commercial

 

sexual activity as that term is defined in section 462a of the

 

Michigan penal code, 1931 PA 328, MCL 750.462a or a delinquent act

 

that is the result of force, fraud, coercion, or manipulation

 

exercised by a parent or other adult.

 

     (D) The juvenile's custodial parent or legally responsible

 

person has died or has become permanently incapacitated and no

 

appropriate parent or legally responsible person is willing and

 

able to provide care for the juvenile.

 

     (4) Whose parent has substantially failed, without good cause,

 

to comply with a limited guardianship placement plan described in

 

section 5205 of the estates and protected individuals code, 1998 PA

 

386, MCL 700.5205, regarding the juvenile.

 

     (5) Whose parent has substantially failed, without good cause,

 

to comply with a court-structured plan described in section 5207 or

 

5209 of the estates and protected individuals code, 1998 PA 386,

 

MCL 700.5207 and 700.5209, regarding the juvenile.

 

     (6) If the juvenile has a guardian under the estates and

 

protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206,

 

and the juvenile's parent meets both of the following criteria:

 

     (A) The parent, having the ability to support or assist in

 

supporting the juvenile, has failed or neglected, without good

 

cause, to provide regular and substantial support for the juvenile

 

for 2 years or more before the filing of the petition or, if a

 

support order has been entered, has failed to substantially comply

 

with the order for 2 years or more before the filing of the

 

petition. As used in this sub-subdivision, "neglect" means that


term as defined in section 2 of the child abuse and neglect

 

prevention act, 1982 PA 250, MCL 722.602.

 

     (B) The parent, having the ability to visit, contact, or

 

communicate with the juvenile, has regularly and substantially

 

failed or neglected, without good cause, to do so for 2 years or

 

more before the filing of the petition. As used in this sub-

 

subdivision, "neglect" means that term as defined in section 2 of

 

the child abuse and neglect prevention act, 1982 PA 250, MCL

 

722.602.

 

     If a petition is filed in the court alleging that a juvenile

 

is within the provisions of this subdivision (b)(1), (2), (3), (4),

 

(5), or (6) and the custody of that juvenile is subject to the

 

prior or continuing order of another court of record of this state,

 

the manner of notice to the other court of record and the authority

 

of the court to proceed is governed by rule of the supreme court.

 

     (c) Jurisdiction over juveniles under 18 years of age,

 

jurisdiction of whom has been waived to the family division of

 

circuit court by a circuit court under a provision in a temporary

 

order for custody of juveniles based upon a complaint for divorce

 

or upon a motion related to a complaint for divorce by the

 

prosecuting attorney, in a divorce judgment dissolving a marriage

 

between the juvenile's parents, or by an amended judgment relative

 

to the juvenile's custody in a divorce.

 

     (d) If the court finds on the record that voluntary services

 

have been exhausted or refused, concurrent jurisdiction in

 

proceedings concerning a juvenile between the ages of 17 and 18

 

found within the county who is 1 or more of the following:


     (1) Repeatedly addicted to the use of drugs or the intemperate

 

use of alcoholic liquors.

 

     (2) Repeatedly associating with criminal, dissolute, or

 

disorderly persons.

 

     (3) Found of his or her own free will and knowledge in a house

 

of prostitution, assignation, or ill-fame.

 

     (4) Repeatedly associating with thieves, prostitutes, pimps,

 

or procurers.

 

     (5) Willfully disobedient to the reasonable and lawful

 

commands of his or her parents, guardian, or other custodian and in

 

danger of becoming morally depraved.

 

     If a juvenile is brought before the court in a county other

 

than that in which the juvenile resides, before a hearing and with

 

the consent of the judge of the court in the county of residence,

 

the court may enter an order transferring jurisdiction of the

 

matter to the court of the county of residence. Consent to transfer

 

jurisdiction is not required if the county of residence is a county

 

juvenile agency and satisfactory proof of residence is furnished to

 

the court of the county of residence. The order does not constitute

 

a legal settlement in this state that is required for the purpose

 

of section 55 of the social welfare act, 1939 PA 280, MCL 400.55.

 

The order and a certified copy of the proceedings in the

 

transferring court shall must be delivered to the court of the

 

county of residence. A case designated as a case in which the

 

juvenile shall be tried in the same manner as an adult under

 

section 2d of this chapter may be transferred for venue or for

 

juvenile disposition, but shall must not be transferred on grounds


of residency. If the case is not transferred, the court having

 

jurisdiction of the offense shall try the case.

 

     (e) Authority to establish or assist in developing a program

 

or programs within the county to prevent delinquency and provide

 

services to act upon reports submitted to the court related to the

 

behavior of a juvenile who does not require formal court

 

jurisdiction but otherwise falls within subdivision (a). These

 

services shall must be used only if the juvenile and his or her

 

parents, guardian, or custodian voluntarily accepts them.

 

     (f) If the court operates a detention home for juveniles

 

within the court's jurisdiction under subdivision (a)(1), authority

 

to place a juvenile within that home pending trial if the juvenile

 

is within the circuit court's jurisdiction under section 606 of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.606, and if

 

the circuit court orders the family division of circuit court in

 

the same county to place the juvenile in that home. The family

 

division of circuit court shall comply with that order.

 

     (g) Authority to place a juvenile in a county jail under

 

section 27a of chapter IV of the code of criminal procedure, 1927

 

PA 175, MCL 764.27a, if the court designates the case under section

 

2d of this chapter as a case in which the juvenile is to be tried

 

in the same manner as an adult and the court determines there is

 

probable cause to believe that the offense was committed and

 

probable cause to believe the juvenile committed that offense.

 

     (h) Jurisdiction over a proceeding under section 2950 or 2950a

 

of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950

 

and 600.2950a, in which a minor less than 18 years of age is the


respondent, or a proceeding to enforce a valid foreign protection

 

order issued against a respondent who is a minor less than 18 years

 

of age. A personal protection order shall must not be issued

 

against a respondent who is a minor less than 10 years of age.

 

Venue for an initial action under section 2950 or 2950a of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and

 

600.2950a, is proper in the county of residence of either the

 

petitioner or respondent. If the respondent does not live in this

 

state, venue for the initial action is proper in the petitioner's

 

county of residence.

 

     (i) In a proceeding under this chapter concerning a juvenile's

 

care and supervision, the court may issue orders affecting a party

 

as necessary. This subdivision does not apply after May 1, 2018. As

 

used in this subdivision, "party" means 1 of the following:

 

     (i) In a delinquency proceeding, the petitioner and juvenile.

 

     (ii) In a child protective proceeding, the petitioner,

 

department, child, respondent, parent, guardian, or legal

 

custodian, and any licensed child caring institution or child

 

placing agency under contract with the department to provide for a

 

juvenile's care and supervision.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2021.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 100th Legislature are

 

enacted into law:

 

     (a) House Bill No. 4443.

 

     (b) House Bill No. 4452.

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