Bill Text: MI SB1049 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Criminal procedure: youthful trainees; age limit for eligibility for and certain procedures related to youthful trainee status; amend Amends sec. 11, ch. II of 1927 PA 175 (MCL 762.11).
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Passed) 2020-12-30 - Assigned Pa 0396'20 [SB1049 Detail]
Download: Michigan-2019-SB1049-Chaptered.html
Act No. 396
Public Acts of 2020
Approved by the Governor
January 4, 2021
Filed with the Secretary of State
January 4, 2021
EFFECTIVE DATE: March 24, 2021
state of michigan
100th Legislature
Regular session of 2020
Introduced by Senators Chang, Santana, Wojno, Bullock, Bayer, Irwin, Alexander, Moss, McMorrow, Geiss, McCann, Brinks, Polehanki, Hertel and Daley
ENROLLED SENATE BILL No. 1049
AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 11 of chapter II (MCL 762.11), as amended by 2019 PA 100.
The People of the State of Michigan enact:
CHAPTER II
Sec. 11. (1) Until October 1, 2021 and except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual’s seventeenth birthday but before his or her twenty-fourth birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee. If the offense was committed on or after the individual’s twenty-first birthday but before his or her twenty-fourth birthday, the individual must not be assigned to youthful trainee status without the consent of the prosecuting attorney.
(2) Beginning October 1, 2021, except as provided in subsections (3) and (4), if an individual pleads guilty to a criminal offense, committed on or after the individual’s eighteenth birthday but before his or her twenty-sixth birthday, the court of record having jurisdiction of the criminal offense may, without entering a judgment of conviction and with the consent of that individual, consider and assign that individual to the status of youthful trainee. If the offense was committed on or after the individual’s twenty-first birthday but before his or her twenty‑sixth birthday, the individual must not be assigned to youthful trainee status without the consent of the prosecuting attorney. If a defendant is charged with an offense listed under subsection (3) and the defendant pleads guilty to any other offense or will be eligible for the status of youthful trainee under subsection (4), the prosecutor shall consult with the victim regarding the applicability of this section.
(3) Subsections (1) and (2) do not apply to any of the following:
(a) A felony for which the maximum penalty is imprisonment for life.
(b) A major controlled substance offense.
(c) A traffic offense.
(d) A violation, attempted violation, or conspiracy to violate 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.
(e) 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.
(4) The court shall not assign an individual to the status of youthful trainee if any of the following apply:
(a) The individual was previously convicted of or adjudicated for a listed offense for which registration is required under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736.
(b) If the individual is charged with a listed offense for which registration is required under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, the individual fails to carry the burden of proving by clear and convincing evidence that he or she is not likely to engage in further listed offenses.
(c) The court determines that the offense involved any of the following:
(i) A factor set forth in section 520b(1)(a) to (h) of the Michigan penal code, 1931 PA 328, MCL 750.520b.
(ii) A factor set forth in section 520c(1)(a) to (l) of the Michigan penal code, 1931 PA 328, MCL 750.520c.
(iii) A factor set forth in section 520d(1)(b) to (f) of the Michigan penal code, 1931 PA 328, MCL 750.520d.
(iv) A factor set forth in section 520e(1)(b) to (g) of the Michigan penal code, 1931 PA 328, MCL 750.520e.
(5) If the court assigns an individual to the status of youthful trainee under this section, the court may require the individual to maintain employment or to attend a high school, high school equivalency program, community college, college, university, or trade school. If the individual is not employed or attending a high school, community college, college, university, or trade school, the individual may be required to actively seek employment or entry into a high school, high school equivalency program, community college, college, university, or trade school.
(6) If the offense for which the individual is assigned to the
status of youthful trainee status was committed on or after the individual’s
twenty-first birthday, the individual may, in addition to the other
requirements of this section, be subject to electronic monitoring during his or
her probationary term as provided under section 3 of chapter XI.
(7) As used in this section:
(a) “Listed offense” means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(b) “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 that act, that involves the
operation of a vehicle and, at the time of the violation, is a felony or a
misdemeanor.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
