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