Bill Text: MI HB5348 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Courts; juries; definition of veteran; update in the revised judicature act of 1961. Amends sec. 1200 of 1961 PA 236 (MCL 600.1200). TIE BAR WITH: HB 5332'16
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2016-07-13 - Assigned Pa 215'16 With Immediate Effect [HB5348 Detail]
Download: Michigan-2015-HB5348-Chaptered.html
Act No. 215
Public Acts of 2016
Approved by the Governor
June 21, 2016
Filed with the Secretary of State
June 22, 2016
EFFECTIVE DATE: September 20, 2016
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Reps. Leutheuser, Barrett, Kosowski and Lucido
ENROLLED HOUSE BILL No. 5348
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 1200 (MCL 600.1200), as added by 2012 PA 335.
The People of the State of Michigan enact:
Sec. 1200. As used in this chapter:
(a) “Department of Veterans Affairs” or “VA” means the United States Department of Veterans Affairs.
(b) “Domestic violence offense” means any crime alleged to have been committed by an individual against his or her spouse or former spouse, an individual with whom he or she has a child in common, an individual with whom he or she has had a dating relationship, or an individual who resides or has resided in the same household.
(c) “L.E.I.N.” means the law enforcement information network regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.
(d) “Mental illness” means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, including, but not limited to, post-traumatic stress disorder and psychiatric symptoms associated with traumatic brain injury.
(e) “Participant” means an individual who is admitted into a veterans treatment court.
(f) “Prosecutor” means the prosecuting attorney of the county, the city attorney, the village attorney, or the township attorney.
(g) “Traffic offense” means a violation of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of a local ordinance substantially corresponding to a violation of that act, that involves the operation of a vehicle and, at the time of the violation, is a felony or misdemeanor.
(h) “Veteran” means an individual who meets both of the following:
(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL 35.61.
(ii) Served at least 180 days of active duty in the armed forces of the United States.
(i) “Veteran service organization” or “VSO” means an organization that is accredited by the United States Department of Veterans Affairs, as recognized under 38 CFR 14.628.
(j) “Veterans treatment court” or “veterans court” means a court adopted or instituted under section 1201 that provides a supervised treatment program for individuals who are veterans and who abuse or are dependent upon any controlled substance or alcohol or suffer from a mental illness.
(k) “Violent offender” means an individual who is currently charged with or has pled guilty to an offense involving the death of, or a serious bodily injury to, any individual, whether or not any of these circumstances are an element of the offense, or an offense that is criminal sexual conduct in any degree.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5332 of the 98th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
