Bill Text: MI HB4662 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Juveniles; criminal procedure; age of juvenile court jurisdiction in juvenile diversion act; modify. Amends secs. 2 & 8 of 1988 PA 13 (MCL 722.822 & 722.828).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-11-28 - Referred To Second Reading [HB4662 Detail]

Download: Michigan-2017-HB4662-Introduced.html

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HOUSE BILL No. 4662

 

 

May 25, 2017, Introduced by Rep. Pagel and referred to the Committee on Law and Justice.

 

     A bill to amend 1988 PA 13, entitled

 

"Juvenile diversion act,"

 

by amending sections 2 and 8 (MCL 722.822 and 722.828), section 2

 

as amended by 1996 PA 415.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Assaultive crime" means an offense that, if committed by

 

an adult, would constitute an offense against a person described in

 

section 82, 83, 84, 86, 87, 88, 89, 316, 317, 321, 349, 349a, 350,

 

397, 520b, 520c, 520d, 520e, 520g, 529, 529a, or 530 of the

 

Michigan penal code, Act No. 328 of the Public Acts of 1931, being

 

sections 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89,

 

750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397,

 

750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529,

 

750.529a, and 750.530 of the Michigan Compiled Laws.1931 PA 328,

 

MCL 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89,

 

750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397,

 

750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529,

 

750.529a, and 750.530.

 

     (b) "Court" means the family division of circuit court.

 

     (c) "Divert" or "diversion" means the placement that occurs

 

when a formally recorded apprehension is made by a law enforcement

 

agency for an act by a minor that if a petition were filed with the

 

court would bring that minor within section 2(a) of chapter XIIA of

 

Act No. 288 of the Public Acts of 1939, being section 712A.2 of the

 

Michigan Compiled Laws, the probate code of 1939, 1939 PA 288, MCL

 

712A.2, and instead of petitioning the court or authorizing a

 

petition, either of the following occurs:

 

     (i) The minor is released into the custody of his or her

 

parent, guardian, or custodian and the investigation is

 

discontinued.

 

     (ii) The minor and the minor's parent, guardian, or custodian

 

agree to work with a person or public or private organization or

 

agency that will assist the minor and the minor's family in

 

resolving the problem that initiated the investigation.

 

     (d) "Law enforcement agency" means a police department of a

 

city, village, or township, a sheriff's department, the department

 

of state police, or any other governmental law enforcement agency

 

in this state.

 

     (e) "Minor" means an individual less than 17 18 years of age.

 

     Sec. 8. (1) Except as otherwise required in subsection (2), a

record required to be kept under this act shall be open only by

 

order of the court to persons having a person who has a legitimate

 

interest.

 

     (2) A record required to be kept under this act shall be open

 

to a law enforcement agency or court intake worker for only the

 

purpose of deciding whether to divert a minor.

 

     (3) A minor's record kept under this act shall be destroyed

 

within 28 days after the minor becomes 17 18 years of age.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.