Bill Text: MI HB5585 | 2013-2014 | 97th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal procedure; youthful trainees; revocation of trainee status under Holmes youthful trainee act for committing certain subsequent crimes; provide for. Amends sec. 12, ch. II of 1927 PA 175 (MCL 762.12).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-12-17 - Referred To Committee Of The Whole [HB5585 Detail]

Download: Michigan-2013-HB5585-Introduced.html

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HOUSE BILL No. 5585

 

May 20, 2014, Introduced by Reps. Heise and Santana and referred to the Committee on Criminal Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 12 of chapter II (MCL 762.12), as amended by

 

1994 PA 286.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER II

 

     Sec. 12. (1) The Subject to subsection (2), the court of

 

record having jurisdiction over the criminal offense referred to in

 

section 11 of this chapter may, at any time, terminate its

 

consideration of the individual as a youthful trainee or, once

 

having assigned the individual to the status of a youthful trainee,

 

may at its discretion revoke that status any time before the

 

individual's final release.

 

     (2) The court shall terminate its consideration of the

 

individual as a youthful trainee and, once having assigned the

 

individual to the status of youthful trainee, shall revoke that

 

status, if the individual is convicted of any of the following

 

during the period of consideration or assignment:

 

     (a) A felony for which the maximum penalty is imprisonment for

 

life.

 

     (b) A major controlled substance offense.

 

     (c) A violation, attempted violation, or conspiracy to violate

 

section 82, 84, 88, 110a, 224f, 226, 227, 227a, 227b, 520b, 520c,

 

520d, 520e, 529a, or 530 of the Michigan penal code, 1931 PA 328,

 

MCL 750.82, 750.84, 750.88, 750.110a, 750.224f, 750.226, 750.227,

 

750.227a, 750.227b, 750.520b, 750.520c, 750.520d, 750.520e,

 

750.529a, and 750.530, other than section 520d(1)(a) or 520e(1)(a)

 

of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.

 

     (d) A violation, attempted violation, or conspiracy to violate

 

section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g,

 

with the intent to commit a violation of section 520b, 520c, 520d,

 

or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b,

 

750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or

 

520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d

 

and 750.520e.

 

     (3) If an individual who is required to be registered pursuant

 

to under the sex offenders registration act, 1994 PA 295, MCL

 

28.271 to 28.736, willfully violates that act, the court shall

 

revoke the individual's status as a youthful trainee. Upon

 

termination of consideration or revocation of status as a youthful

 

trainee, the court may enter an adjudication of guilt and proceed

 

as provided by law. If the status of youthful trainee is revoked,

 

an adjudication of guilt is entered, and a sentence is imposed, the

 

court in imposing sentence shall specifically grant credit against

 

the sentence for time served as a youthful trainee in an

 

institutional facility of the department of corrections or in a

 

county jail.