Bill Text: MI HB4953 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Juveniles; criminal procedure; definition of adult in Michigan indigent defense commission act; modify. Amends sec. 3 of 2013 PA 93 (MCL 780.983). TIE BAR WITH: HB 4947'15, HB 4948'15, HB 4949'15, HB 4950'15, HB 4951'15, HB 4952'15, HB 4954'15

Spectrum: Slight Partisan Bill (Democrat 21-7)

Status: (Introduced - Dead) 2016-04-28 - Referred To Committee On Judiciary [HB4953 Detail]

Download: Michigan-2015-HB4953-Engrossed.html

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HB-4953, As Passed House, April 27, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4953

 

October 7, 2015, Introduced by Reps. Afendoulis, Santana, Kesto, Garrett, Kosowski, Lucido, Love, Chang, Webber, Byrd, Robinson, Geiss, Gay-Dagnogo, Greig, Yanez, Darany, Forlini, Howrylak, LaVoy, Durhal, Rutledge, Irwin, Neeley, Hovey-Wright, Plawecki, Moss, Callton and Zemke and referred to the Committee on Criminal Justice.

 

     A bill to amend 2013 PA 93, entitled

 

"Michigan indigent defense commission act,"

 

by amending section 3 (MCL 780.983).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. As used in this act:

 

     (a) "Adult" means either of the following:

 

     (i) An individual 17 18 years of age or older.

 

     (ii) An individual less than 17 18 years of age at the time of

 

the commission of a felony if any of the following conditions

 

apply:

 

     (A) During consideration of a petition filed under section 4

 

of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.4, to waive jurisdiction to try the individual as an adult and

 

upon granting a waiver of jurisdiction.

     (B) The prosecuting attorney designates the case under section

 

2d(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.2d, as a case in which the juvenile is to be tried in the same

 

manner as an adult.

 

     (C) During consideration of a request by the prosecuting

 

attorney under section 2d(2) of chapter XIIA of the probate code of

 

1939, 1939 PA 288, MCL 712A.2d, that the court designate the case

 

as a case in which the juvenile is to be tried in the same manner

 

as an adult.

 

     (D) The prosecuting attorney authorizes the filing of a

 

complaint and warrant for a specified juvenile violation under

 

section 1f of chapter IV of the code of criminal procedure, 1927 PA

 

175, MCL 764.1f.

 

     (b) "Effective assistance of counsel" or "effective

 

representation" means legal representation that is compliant with

 

standards established by the appellate courts of this state and the

 

United States supreme court.Supreme Court.

 

     (c) "Indigent" means meeting 1 or more of the conditions

 

described in section 11(3).

 

     (d) "Indigent criminal defense services" means local legal

 

defense services provided to a defendant and to which both of the

 

following conditions apply:

 

     (i) The defendant is being prosecuted or sentenced for a crime

 

for which an individual may be imprisoned upon conviction,

 

beginning with the defendant's initial appearance in court to

 

answer to the criminal charge.

 

     (ii) The defendant is determined to be indigent under section

 

House Bill No. 4953 as amended April 26, 2016

11(3).

 

     (e) Indigent criminal defense services do not include services

 

authorized to be provided under the appellate defender act, 1978 PA

 

620, MCL 780.711 to 780.719.

 

     (f) "Indigent criminal defense system" or "system" means

 

either of the following:

 

     (i) The local unit of government that funds a trial court

 

combined with each and every trial court funded by the local unit

 

of government.

 

     (ii) If a trial court is funded by more than 1 local unit of

 

government, those local units of government, collectively, combined

 

with each and every trial court funded by those local units of

 

government.

 

     (g) "Local share" or "share" means an indigent criminal

 

defense system's average annual expenditure for indigent criminal

 

defense services in the 3 fiscal years immediately preceding the

 

creation of the MIDC under this act, excluding money reimbursed to

 

the system by individuals determined to be partially indigent.

 

     (h) "MIDC" or "commission" means the Michigan indigent defense

 

commission created under section 5.

 

     Enacting section 1. This amendatory act takes effect [October 1,

 

2018.          ]

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 98th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4947 (request no.

 

02527'15).

 

House Bill No. 4953 as amended April 26, 2016

     (b) Senate Bill No.____ or House Bill No. 4948 (request no.

 

02551'15).

 

     (c) Senate Bill No.____ or House Bill No. 4950 (request no.

 

02679'15).

 

     (d) Senate Bill No.____ or House Bill No. 4949 (request no.

 

02680'15).

 

     (e) Senate Bill No.____ or House Bill No. 4951 (request no.

 

02682'15).

 

     [                                                           

 

         

 

    (f)] Senate Bill No.____ or House Bill No. 4954 (request no.

 

03363'15).

 

     [(g)] Senate Bill No.____ or House Bill No. 4952 (request no.

 

03366'15).