Bill Text: MI HB4134 | 2019-2020 | 100th Legislature | Engrossed

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

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Bill Title: Mental health; other; age of juvenile in disposition of persons found not guilty by reason of insanity; modify. Amends sec. 1060a of 1974 PA 258 (MCL 330.2060a).

Spectrum: Bipartisan Bill

Status: (Passed) 2019-11-06 - Assigned Pa 99'19 [HB4134 Detail]

Download: Michigan-2019-HB4134-Engrossed.html

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HB-4134, As Passed House, April 25, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4134

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 1060a (MCL 330.2060a), as added by 2012 PA 540.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1060a. (1) "Competency evaluation" means a court-ordered

 

examination of a juvenile directed to developing information

 

relevant to a determination of his or her competency to proceed at

 

a particular stage of a court proceeding involving a juvenile who

 

is the subject of a delinquency petition.

 

     (2) "Competency hearing" means a hearing to determine whether

 

a juvenile is competent to proceed.

 

     (3) "Incompetent to proceed" means that a juvenile, based on

 

age-appropriate norms, lacks a reasonable degree of rational and

 

factual understanding of the proceeding or is unable to do 1 or

more of the following:

 

     (a) Consult with and assist his or her attorney in preparing

 

his or her defense in a meaningful manner.

 

     (b) Sufficiently understand the charges against him or her.

 

     (4) "Juvenile" means a person who is less than 17 18 years of

 

age who is the subject of a delinquency petition.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2021.