Bill Text: MI HB5317 | 2015-2016 | 98th Legislature | Introduced


Bill Title: Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in probate code of 1939. Amends secs. 2, 2d, 4 & 18h, ch. XIIA of 1939 PA 288 (MCL 712A.2 et seq.) & repeals sec. 606 of 1961 PA 236 (MCL 600.606). TIE BAR WITH: HB 5318'16, HB 5319'16, HB 5320'16, HB 5321'16, HB 5322'16, HB 5323'16, HB 5324'16

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-02-10 - Bill Electronically Reproduced 02/09/2016 [HB5317 Detail]

Download: Michigan-2015-HB5317-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5317

February 9, 2016, Introduced by Reps. Irwin, Robinson, Plawecki, Pagan and Hovey-Wright and referred to the Committee on Criminal Justice.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending sections 2, 2d, 4, and 18h of chapter XIIA (MCL 712A.2,

 

712A.2d, 712A.4, and 712A.18h), section 2 as amended by 2014 PA

 

519, section 2d as amended by 1998 PA 478, section 4 as amended by

 

1996 PA 409, and section 18h as added by 1996 PA 244; and to repeal

 

acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XIIA

 

     Sec. 2. The court has the following authority and

 

jurisdiction:

 

     (a) Exclusive original jurisdiction superior to and regardless

 

of the jurisdiction of another court in proceedings concerning a

 


juvenile under 17 years of age who is found within the county if 1

 

or more of the following applies:

 

     (1) Except as otherwise provided in this sub-subdivision, the

 

juvenile has violated any municipal ordinance or law of the state

 

or of the United States. If the court enters into an agreement

 

under section 2e of this chapter, the court has jurisdiction over a

 

juvenile who committed a civil infraction as provided in that

 

section. The Until the effective date of the amendatory act that

 

repealed section 606 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.606, the court has jurisdiction over a juvenile 14

 

years of age or older who is charged with a specified juvenile

 

violation only if the prosecuting attorney files a petition in the

 

court instead of authorizing a complaint and warrant. As used in

 

this sub-subdivision, "specified juvenile violation" means 1 or

 

more 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 paragraph,

 

"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 department of human services or a county juvenile agency.

 

     (ii) A high-security facility operated by a private agency

 

under contract with the department of human services 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 paragraphs

 

(A) to (D).

 

     (F) Conspiracy to commit a violation described in paragraphs

 

(A) to (D).

 

     (G) Solicitation to commit a violation described in paragraphs

 

(A) to (D).

 

     (H) A lesser included offense of a violation described in

 

paragraphs (A) to (G) if the individual is charged with a violation

 


described in paragraphs (A) to (G).

 

     (I) Another violation arising out of the same transaction as a

 

violation described in paragraphs (A) to (G) if the individual is

 

charged with a violation described in paragraphs (A) to (G).

 

     (2) The juvenile has deserted his or her home without

 

sufficient cause, and the court finds on the record that the

 

juvenile has been placed or refused alternative placement or the

 

juvenile and the juvenile's parent, guardian, or custodian have

 

exhausted or refused family counseling.

 

     (3) The juvenile is repeatedly disobedient to the reasonable

 

and lawful commands of his or her parents, guardian, or custodian,

 

and the court finds on the record by clear and convincing evidence

 

that court-accessed services are necessary.

 

     (4) The juvenile willfully and repeatedly absents himself or

 

herself from school or other learning program intended to meet the

 

juvenile's educational needs, or repeatedly violates rules and

 

regulations of the school or other learning program, and the court

 

finds on the record that the juvenile, the juvenile's parent,

 

guardian, or custodian, and school officials or learning program

 

personnel have met on the juvenile's educational problems and

 

educational counseling and alternative agency help have been

 

sought. As used in this sub-subdivision only, "learning program"

 

means an organized educational program that is appropriate, given

 

the age, intelligence, ability, and psychological limitations of a

 

juvenile, in the subject areas of reading, spelling, mathematics,

 

science, history, civics, writing, and English grammar.

 

     (b) Jurisdiction in proceedings concerning a juvenile under 18

 


years of age found within the county:

 

     (1) Whose parent or other person legally responsible for the

 

care and maintenance of the juvenile, when able to do so, neglects

 

or refuses to provide proper or necessary support, education,

 

medical, surgical, or other care necessary for his or her health or

 

morals, who is subject to a substantial risk of harm to his or her

 

mental well-being, who is abandoned by his or her parents,

 

guardian, or other custodian, or who is without proper custody or

 

guardianship. As used in this sub-subdivision:

 

     (A) "Education" means learning based on an organized

 

educational program that is appropriate, given the age,

 

intelligence, ability, and psychological limitations of a juvenile,

 

in the subject areas of reading, spelling, mathematics, science,

 

history, civics, writing, and English grammar.

 

     (B) "Without proper custody or guardianship" does not mean a

 

parent has placed the juvenile with another person who is legally

 

responsible for the care and maintenance of the juvenile and who is

 

able to and does provide the juvenile with proper care and

 

maintenance.

 

     (2) Whose home or environment, by reason of neglect, cruelty,

 

drunkenness, criminality, or depravity on the part of a parent,

 

guardian, nonparent adult, or other custodian, is an unfit place

 

for the juvenile to live in.

 

     (3) If the juvenile is dependent and is in danger of

 

substantial physical or psychological harm. The juvenile may be

 

found to be dependent when any of the following occurs:

 

     (A) The juvenile is homeless or not domiciled with a parent or

 


other legally responsible person.

 

     (B) The juvenile has repeatedly run away from home and is

 

beyond the control of a parent or other legally responsible person.

 

     (C) The juvenile is alleged to have committed a commercial

 

sexual activity as that term is defined in section 462a of the

 

Michigan penal code, 1931 PA 328, MCL 750.462a or a delinquent act

 

that is the result of force, fraud, coercion, or manipulation

 

exercised by a parent or other adult.

 

     (D) The juvenile's custodial parent or legally responsible

 

person has died or has become permanently incapacitated and no

 

appropriate parent or legally responsible person is willing and

 

able to provide care for the juvenile.

 

     (4) Whose parent has substantially failed, without good cause,

 

to comply with a limited guardianship placement plan described in

 

section 5205 of the estates and protected individuals code, 1998 PA

 

386, MCL 700.5205, regarding the juvenile.

 

     (5) Whose parent has substantially failed, without good cause,

 

to comply with a court-structured plan described in section 5207 or

 

5209 of the estates and protected individuals code, 1998 PA 386,

 

MCL 700.5207 and 700.5209, regarding the juvenile.

 

     (6) If the juvenile has a guardian under the estates and

 

protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206,

 

and the juvenile's parent meets both of the following criteria:

 

     (A) The parent, having the ability to support or assist in

 

supporting the juvenile, has failed or neglected, without good

 

cause, to provide regular and substantial support for the juvenile

 

for 2 years or more before the filing of the petition or, if a

 


support order has been entered, has failed to substantially comply

 

with the order for 2 years or more before the filing of the

 

petition.

 

     (B) The parent, having the ability to visit, contact, or

 

communicate with the juvenile, has regularly and substantially

 

failed or neglected, without good cause, to do so for 2 years or

 

more before the filing of the petition.

 

     If a petition is filed in the court alleging that a juvenile

 

is within the provisions of subdivision (b)(1), (2), (3), (4), (5),

 

or (6) and the custody of that juvenile is subject to the prior or

 

continuing order of another court of record of this state, the

 

manner of notice to the other court of record and the authority of

 

the court to proceed is governed by rule of the supreme court.

 

     (c) Jurisdiction over juveniles under 18 years of age,

 

jurisdiction of whom has been waived to the family division of

 

circuit court by a circuit court under a provision in a temporary

 

order for custody of juveniles based upon a complaint for divorce

 

or upon a motion related to a complaint for divorce by the

 

prosecuting attorney, in a divorce judgment dissolving a marriage

 

between the juvenile's parents, or by an amended judgment relative

 

to the juvenile's custody in a divorce.

 

     (d) If the court finds on the record that voluntary services

 

have been exhausted or refused, concurrent jurisdiction in

 

proceedings concerning a juvenile between the ages of 17 and 18

 

found within the county who is 1 or more of the following:

 

     (1) Repeatedly addicted to the use of drugs or the intemperate

 

use of alcoholic liquors.

 


     (2) Repeatedly associating with criminal, dissolute, or

 

disorderly persons.

 

     (3) Found of his or her own free will and knowledge in a house

 

of prostitution, assignation, or ill-fame.

 

     (4) Repeatedly associating with thieves, prostitutes, pimps,

 

or procurers.

 

     (5) Willfully disobedient to the reasonable and lawful

 

commands of his or her parents, guardian, or other custodian and in

 

danger of becoming morally depraved.

 

     If a juvenile is brought before the court in a county other

 

than that in which the juvenile resides, before a hearing and with

 

the consent of the judge of the court in the county of residence,

 

the court may enter an order transferring jurisdiction of the

 

matter to the court of the county of residence. Consent to transfer

 

jurisdiction is not required if the county of residence is a county

 

juvenile agency and satisfactory proof of residence is furnished to

 

the court of the county of residence. The order does not constitute

 

a legal settlement in this state that is required for the purpose

 

of section 55 of the social welfare act, 1939 PA 280, MCL 400.55.

 

The order and a certified copy of the proceedings in the

 

transferring court shall be delivered to the court of the county of

 

residence. A case designated as a case in which the juvenile shall

 

be tried in the same manner as an adult under section 2d of this

 

chapter may be transferred for venue or for juvenile disposition,

 

but shall not be transferred on grounds of residency. If the case

 

is not transferred, the court having jurisdiction of the offense

 

shall try the case.

 


     (e) Authority to establish or assist in developing a program

 

or programs within the county to prevent delinquency and provide

 

services to act upon reports submitted to the court related to the

 

behavior of a juvenile who does not require formal court

 

jurisdiction but otherwise falls within subdivision (a). These

 

services shall be used only if the juvenile and his or her parents,

 

guardian, or custodian voluntarily accepts them.

 

     (f) If Until the effective date of the amendatory act that

 

repealed section 606 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.606, if the court operates a detention home for

 

juveniles within the court's jurisdiction under subdivision (a)(1),

 

authority to place a juvenile within that home pending trial if the

 

juvenile is within the circuit court's jurisdiction under section

 

606 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.606, and if the circuit court orders the family division of

 

circuit court in the same county to place the juvenile in that

 

home. The family division of circuit court shall comply with that

 

order.

 

     (g) Authority to place a juvenile in a county jail under

 

section 27a of chapter IV of the code of criminal procedure, 1927

 

PA 175, MCL 764.27a, if the court designates the case under section

 

2d of this chapter as a case in which the juvenile is to be tried

 

in the same manner as an adult and the court determines there is

 

probable cause to believe that the offense was committed and

 

probable cause to believe the juvenile committed that offense.

 

     (h) Jurisdiction over a proceeding under section 2950 or 2950a

 

of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950

 


and 600.2950a, in which a minor less than 18 years of age is the

 

respondent, or a proceeding to enforce a valid foreign protection

 

order issued against a respondent who is a minor less than 18 years

 

of age. A personal protection order shall not be issued against a

 

respondent who is a minor less than 10 years of age. Venue for an

 

initial action under section 2950 or 2950a of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, is

 

proper in the county of residence of either the petitioner or

 

respondent. If the respondent does not live in this state, venue

 

for the initial action is proper in the petitioner's county of

 

residence.

 

     (i) In a proceeding under this chapter concerning a juvenile's

 

care and supervision, the court may issue orders affecting a party

 

as necessary. This subdivision does not apply after May 1, 2018. As

 

used in this subdivision, "party" means 1 of the following:

 

     (i) In a delinquency proceeding, the petitioner and juvenile.

 

     (ii) In a child protective proceeding, the petitioner,

 

department of human services, child, respondent, parent, guardian,

 

or legal custodian, and any licensed child caring institution or

 

child placing agency under contract with the department of human

 

services to provide for a juvenile's care and supervision.

 

     Sec. 2d. (1) In Until the effective date of the amendatory act

 

that repealed section 606 of the revised judicature act of 1961,

 

1961 PA 236, MCL 600.606, in a petition or amended petition

 

alleging that a juvenile is within the court's jurisdiction under

 

section 2(a)(1) of this chapter for a specified juvenile violation,

 

the prosecuting attorney may designate the case as a case in which

 


the juvenile is to be tried in the same manner as an adult. An

 

amended petition making a designation under this subsection shall

 

be filed only by leave of the court.

 

     (2) In a petition alleging that a juvenile is within the

 

court's jurisdiction under section 2(a)(1) of this chapter, until

 

the effective date of the amendatory act that repealed section 606

 

of the revised judicature act of 1961, 1961 PA 236, MCL 600.606,

 

for an offense other than a specified juvenile violation, the

 

prosecuting attorney may request that the court designate the case

 

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

 

as an adult. The court may designate the case following a hearing

 

if it determines that the best interests of the juvenile and the

 

public would be served by the juvenile being tried in the same

 

manner as an adult. In determining whether the best interests of

 

the juvenile and the public would be served, the court shall

 

consider all of the following factors, giving greater weight to the

 

seriousness of the alleged offense and the juvenile's prior

 

delinquency record than to the other factors:

 

     (a) The seriousness of the alleged offense in terms of

 

community protection, including, but not limited to, the existence

 

of any aggravating factors recognized by the sentencing guidelines,

 

the use of a firearm or other dangerous weapon, and the impact on

 

any victim.

 

     (b) The juvenile's culpability in committing the alleged

 

offense, including, but not limited to, the level of the juvenile's

 

participation in planning and carrying out the offense and the

 

existence of any aggravating or mitigating factors recognized by

 


the sentencing guidelines.

 

     (c) The juvenile's prior record of delinquency including, but

 

not limited to, any record of detention, any police record, any

 

school record, or any other evidence indicating prior delinquent

 

behavior.

 

     (d) The juvenile's programming history, including, but not

 

limited to, the juvenile's past willingness to participate

 

meaningfully in available programming.

 

     (e) The adequacy of the punishment or programming available in

 

the juvenile justice system.

 

     (f) The dispositional options available for the juvenile.

 

     (3) If a case is designated under this section, the case shall

 

be set for trial in the same manner as the trial of an adult in a

 

court of general criminal jurisdiction unless a probable cause

 

hearing is required under subsection (4).

 

     (4) If the petition in a case designated under this section

 

alleges an offense that if committed by an adult would be a felony

 

or punishable by imprisonment for more than 1 year, the court shall

 

conduct a probable cause hearing not later than 14 days after the

 

case is designated to determine whether there is probable cause to

 

believe the offense was committed and whether there is probable

 

cause to believe the juvenile committed the offense. This Until the

 

effective date of the amendatory act that repealed section 606 of

 

the revised judicature act of 1961, 1961 PA 236, MCL 600.606, this

 

hearing may be combined with the designation hearing under

 

subsection (2) for an offense other than a specified juvenile

 

offense. A probable cause hearing under this section is the

 


equivalent of the preliminary examination in a court of general

 

criminal jurisdiction and satisfies the requirement for that

 

hearing. A probable cause hearing shall be conducted by a judge

 

other than the judge who will try the case if the juvenile is tried

 

in the same manner as an adult.

 

     (5) If the court determines there is probable cause to believe

 

the offense alleged in the petition was committed and probable

 

cause to believe the juvenile committed the offense, the case shall

 

be set for trial in the same manner as the trial of an adult in a

 

court of general criminal jurisdiction.

 

     (6) If the court determines that an offense did not occur or

 

there is not probable cause to believe the juvenile committed the

 

offense, the court shall dismiss the petition. If the court

 

determines there is probable cause to believe another offense was

 

committed and there is probable cause to believe the juvenile

 

committed that offense, the court may further determine whether the

 

case should be designated as a case in which the juvenile should be

 

tried in the same manner as an adult as provided in subsection (2).

 

If the court designates the case, the case shall be set for trial

 

in the same manner as the trial of an adult in a court of general

 

criminal jurisdiction.

 

     (7) If a case is designated under this section, the

 

proceedings are criminal proceedings and shall afford all

 

procedural protections and guarantees to which the juvenile would

 

be entitled if being tried for the offense in a court of general

 

criminal jurisdiction. A plea of guilty or nolo contendere or a

 

verdict of guilty shall result in entry of a judgment of

 


conviction. The conviction shall have the same effect and

 

liabilities as if it had been obtained in a court of general

 

criminal jurisdiction.

 

     (8) Following a judgment of conviction, the court shall enter

 

a disposition or impose a sentence authorized under section

 

18(1)(n) 18(1)(m) of this chapter.

 

     (9) 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 juvenile 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 an offense described in

 

subdivisions (a) to (g) if the juvenile is alleged in the petition

 

to have committed an offense described in subdivisions (a) to (g).

 

     (i) Any other offense arising out of the same transaction as

 

an offense described in subdivisions (a) to (g) if the juvenile is

 

alleged in the petition to have committed an offense described in

 

subdivisions (a) to (g).

 

     Sec. 4. (1) If a juvenile 14 years of age or older is accused

 

of an act that if committed by an adult would be a felony, the

 


judge of the family division of circuit court in the county in

 

which the offense is alleged to have been committed may waive

 

jurisdiction under this section upon motion of the prosecuting

 

attorney. After waiver, the juvenile may be tried in the court

 

having general criminal jurisdiction of the offense.

 

     (2) Before conducting a hearing on the motion to waive

 

jurisdiction, the court shall give notice of the hearing in the

 

manner provided by supreme court rule to the juvenile and the

 

prosecuting attorney and, if addresses are known, to the juvenile's

 

parents or guardians. The notice shall state clearly that a waiver

 

of jurisdiction to a court of general criminal jurisdiction has

 

been requested and that, if granted, the juvenile can be prosecuted

 

for the alleged offense as though he or she were an adult.

 

     (3) Before the court waives jurisdiction, the court shall

 

determine on the record if there is probable cause to believe that

 

an offense has been committed that if committed by an adult would

 

be a felony and if there is probable cause to believe that the

 

juvenile committed the offense. Before a juvenile may waive a

 

probable cause hearing under this subsection, the court shall

 

inform the juvenile that a waiver of this subsection waives the

 

preliminary examination required by chapter VI of the code of

 

criminal procedure, Act No. 175 of the Public Acts of 1927, being

 

sections 766.1 to 766.18 of the Michigan Compiled Laws.1927 PA 175,

 

MCL 766.1 to 766.18.

 

     (4) Upon a showing of probable cause under subsection (3), the

 

court shall conduct a hearing to determine if the best interests of

 

the juvenile and the public would be served by granting a waiver of

 


jurisdiction to the court of general criminal jurisdiction. In

 

making its determination, the court shall consider all of the

 

following criteria, giving greater weight to the seriousness of the

 

alleged offense and the juvenile's prior record of delinquency than

 

to the other criteria:

 

     (a) The seriousness of the alleged offense in terms of

 

community protection, including, but not limited to, the existence

 

of any aggravating factors recognized by the sentencing guidelines,

 

the use of a firearm or other dangerous weapon, and the impact on

 

any victim.

 

     (b) The culpability of the juvenile in committing the alleged

 

offense, including, but not limited to, the level of the juvenile's

 

participation in planning and carrying out the offense and the

 

existence of any aggravating or mitigating factors recognized by

 

the sentencing guidelines.

 

     (c) The juvenile's prior record of delinquency including, but

 

not limited to, any record of detention, any police record, any

 

school record, or any other evidence indicating prior delinquent

 

behavior.

 

     (d) The juvenile's programming history, including, but not

 

limited to, the juvenile's past willingness to participate

 

meaningfully in available programming.

 

     (e) The adequacy of the punishment or programming available in

 

the juvenile justice system.

 

     (f) The dispositional options available for the juvenile.

 

     (5) If the court determines that there is probable cause to

 

believe that an offense has been committed that if committed by an

 


adult would be a felony and that the juvenile committed the

 

offense, the court shall waive jurisdiction of the juvenile if the

 

court finds that the juvenile has previously been subject to the

 

jurisdiction of the circuit court under this section or, until the

 

effective date of the amendatory act that repealed section 606 of

 

the revised judicature act of 1961, 1961 PA 236, MCL 600.606,

 

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 the recorder's court of the city of Detroit under

 

this section 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.

 

     (6) If legal counsel has not been retained or appointed to

 

represent the juvenile, the court shall advise the juvenile and his

 

or her parents, guardian, custodian, or guardian ad litem of the

 

juvenile's right to representation and appoint legal counsel. If

 

the court appoints legal counsel, the judge may assess the cost of

 

providing legal counsel as costs against the juvenile or those

 

responsible for his or her support, or both, if the persons to be

 

assessed are financially able to comply.

 

     (7) Legal counsel shall have access to records or reports

 

provided and received by the judge as a basis for decision in

 

proceedings for waiver of jurisdiction. A continuance shall be

 

granted at legal counsel's request if any report, information, or

 

recommendation not previously available is introduced or developed

 

at the hearing and the interests of justice require a continuance.

 

     (8) The court shall enter a written order either granting or

 


denying the motion to waive jurisdiction and the court shall state

 

on the record or in a written opinion the court's findings of fact

 

and conclusions of law forming the basis for entering the order. If

 

a juvenile is waived, a transcript of the court's findings or a

 

copy of the written opinion shall be sent to the court of general

 

criminal jurisdiction.

 

     (9) If the court does not waive jurisdiction, a transcript of

 

the court's findings or, if a written opinion is prepared, a copy

 

of the written opinion shall be sent to the prosecuting attorney,

 

juvenile, or juvenile's attorney upon request.

 

     (10) If the court waives jurisdiction, the juvenile shall be

 

arraigned on an information filed by the prosecutor in the court of

 

general criminal jurisdiction. The probable cause finding under

 

subsection (3) satisfies the requirements of, and is the equivalent

 

of, the preliminary examination required by chapter VI of Act No.

 

175 of the Public Acts of 1927.the code of criminal procedure, 1927

 

PA 175, MCL 766.1 to 766.18.

 

     (11) As used in this section, "felony" means an offense

 

punishable by imprisonment for more than 1 year or an offense

 

designated by law as a felony.

 

     Sec. 18h. A juvenile sentenced to imprisonment under section

 

18(1)(n) 18(1)(m) of this chapter shall not be committed to the

 

jurisdiction of the department of corrections. This Until the

 

effective date of the amendatory act that repealed section 606 of

 

the revised judicature act of 1961, 1961 PA 236, MCL 600.606, this

 

section does not apply if the juvenile was convicted of a specified

 

juvenile violation as defined in section 2d of this chapter.

 


     Enacting section 1. Section 606 of the revised judicature act

 

of 1961, 1961 PA 236, MCL 600.606, is repealed effective 90 days

 

after the effective date of this amendatory act.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 3. 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. 5318 (request no.

 

02924'15 a).

 

     (b) Senate Bill No.____ or House Bill No. 5319 (request no.

 

02924'15 b).

 

     (c) Senate Bill No.____ or House Bill No. 5321 (request no.

 

02924'15 c).

 

     (d) Senate Bill No.____ or House Bill No. 5323 (request no.

 

02924'15 d).

 

     (e) Senate Bill No.____ or House Bill No. 5322 (request no.

 

02924'15 e).

 

     (f) Senate Bill No.____ or House Bill No. 5324 (request no.

 

02924'15 f).

 

     (g) Senate Bill No.____ or House Bill No. 5320 (request no.

 

02924'15 g).

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