Bill Text: MI HB4443 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Juveniles; criminal procedure; age of offender for specified juvenile violations; modify in code of criminal procedure. Amends sec. 1f, ch. IV of 1927 PA 175 (MCL 764.1f). TIE BAR WITH: SB 0100'19, HB 4452'19
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-11-06 - Assigned Pa 106'19 [HB4443 Detail]
Download: Michigan-2019-HB4443-Chaptered.html
Act No. 106
Public Acts of 2019
Approved by the Governor
October 31, 2019
Filed with the Secretary of State
October 31, 2019
EFFECTIVE DATE: October 1, 2021
state of michigan
100th Legislature
Regular session of 2019
Introduced by Rep. Hoitenga
ENROLLED HOUSE BILL No. 4443
AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 1f of chapter IV (MCL 764.1f), as amended by 1998 PA 520.
The People of the State of Michigan enact:
CHAPTER IV
Sec. 1f. (1) If the prosecuting attorney has reason to believe that a juvenile 14 years of age or older but less than 18 years of age has committed a specified juvenile violation, the prosecuting attorney may authorize the filing of a complaint and warrant on the charge with a magistrate concerning the juvenile.
(2) As used in this section, “specified juvenile violation” means any 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 subdivision, “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 family independence agency or a county juvenile agency.
(ii) A high-security facility operated by a private agency under contract with the family independence agency 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 subdivisions (a) to (d).
(f) Conspiracy to commit a violation described in subdivisions (a) to (d).
(g) Solicitation to commit a violation described in subdivisions (a) to (d).
(h) Any lesser included offense of a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).
(i) Any other violation arising out of the same transaction as a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).
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) Senate Bill No. 100.
(b) House
Bill No. 4452.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
