Bill Text: MI HB6437 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Criminal procedure: mental capacity; psychological evaluations for defendants ordered by judges; allow. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 1m to ch. IX.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2022-10-11 - Bill Electronically Reproduced 10/11/2022 [HB6437 Detail]
Download: Michigan-2021-HB6437-Introduced.html
HOUSE BILL NO. 6437
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 1m to chapter IX.
the people of the state of michigan enact:
Sec. 1m. (1) After a defendant has been convicted at trial or entered a guilty plea but before the defendant has been sentenced, the court, in its discretion, may order that the defendant undergo a psychological evaluation. The prosecuting attorney, defense counsel, or defendant may request a psychological evaluation under this section.
(2) The court, in its discretion, may grant or deny a request by the prosecuting attorney, defense counsel, or defendant under subsection (1).
(3) The prosecuting attorney, defense counsel, or defendant may object to a psychological evaluation requested by another party under this section. The court, in its discretion, may sustain an objection under this subsection.
(4) If a psychological evaluation is ordered under this section, the defendant may refuse to participate; however, if the defendant agrees to participate in the evaluation, the defendant may not challenge the findings of the evaluation.
(5) An evaluation ordered under this section must be performed by a mental health professional and completed before a sentence is entered.
(6) If a psychological evaluation is performed under this section, the sentencing court shall review the evaluation and state its findings on the record at the time of sentencing. The court shall indicate on the record whether or not the results of the psychological evaluation influenced its sentencing of the defendant.
(7) As used in this section, "mental health professional" means that term as defined in section 100b(19)(a), (b), and (d) of the mental health code, 1974 PA 258, MCL 330.1100b.
