Bill Text: MI HB4142 | 2019-2020 | 100th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juveniles; criminal procedure; juveniles under age 18 arrested for nonlisted offenses; provide for jurisdiction in the family division of circuit court. Amends sec. 27, ch. IV of 1927 PA 175 (MCL 764.27).

Spectrum: Bipartisan Bill

Status: (Passed) 2019-11-06 - Assigned Pa 103'19 [HB4142 Detail]

Download: Michigan-2019-HB4142-Engrossed.html

HB-4142, As Passed House, April 25, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4142

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 27 of chapter IV (MCL 764.27), as amended by

 

1996 PA 418.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER IV

 

     Sec. 27. Except as otherwise provided in section 606 of the

 

revised judicature act of 1961, Act No. 236 of the Public Acts of

 

1961, being section 600.606 of the Michigan Compiled Laws, or

 

section 10a(1)(c) of Act No. 369 of the Public Acts of 1919, being

 

section 725.10a of the Michigan Compiled Laws, 1961 PA 236, MCL

 

600.606, if a child less than 17 18 years of age is arrested, with

 

or without a warrant, the child shall must be taken immediately

 

before the family division of circuit court of the county where the

 


offense is alleged to have been committed, and the officer making

 

the arrest shall immediately make and file, or cause to be made and

 

filed, a petition against the child as provided in chapter XIIA of

 

Act No. 288 of the Public Acts of 1939, being sections 712A.1 to

 

712A.31 of the Michigan Compiled Laws. the probate code of 1939,

 

1939 PA 288, MCL 712A.1 to 712A.32. Except as otherwise provided in

 

section 606 of Act No. 236 of the Public Acts of 1961 or section

 

10a(1)(c) of Act No. 369 of the Public Acts of 1919, the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.606, if during the

 

pendency of a criminal case against a child in a court in this

 

state it is ascertained that the child is less than 17 18 years of

 

age, the court shall immediately transfer the case, together with

 

all papers connected with the case, to the family division of

 

circuit court of the county where the offense is alleged to have

 

been committed. If a child 14 years of age or older is charged with

 

a felony, the judge of probate, after investigation and examination

 

and upon motion of the prosecuting attorney, may waive jurisdiction

 

under section 4 of chapter XIIA of Act No. 288 of the Public Acts

 

of 1939, being section 712A.4 of the Michigan Compiled Laws. the

 

probate code of 1939, 1939 PA 288, MCL 712A.4. If jurisdiction is

 

waived, the child may be tried in the court having general criminal

 

jurisdiction of the offense. If during the pendency of a criminal

 

case against a child in a court of record other than the family

 

division of circuit court it is determined that the child is 17

 

years of age, the court, if the court finds that any of the

 

conditions exist as outlined in section 2(d) of chapter XIIA of Act

 

No. 288 of the Public Acts of 1939, as amended, being section


712A.2 of the Michigan Compiled Laws, upon motion of the

 

prosecuting attorney, the child, or his or her representative, may

 

transfer the case together with all papers connected with the case

 

to the family division of circuit court of the county where the

 

offense is alleged to have been committed.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2021.

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