Bill Text: MI HB4392 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Crimes; other; court to defer prosecution of person less than 18 years convicted of cyberbullying; allow under certain circumstances. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 4b to ch. IX.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2011-03-09 - Printed Bill Filed 03/09/2011 [HB4392 Detail]
Download: Michigan-2011-HB4392-Introduced.html
HOUSE BILL No. 4392
March 8, 2011, Introduced by Reps. Segal, Meadows, Melton, Stapleton, Dillon, Kandrevas, McCann, Tlaib and Hovey-Wright and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 4b to chapter IX.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 4b. (1) When an individual less than 18 years of age who
has not been convicted previously of a violation of section 411w of
the Michigan penal code, 1931 PA 328, MCL 750.411w, pleads guilty
to, or is found guilty of, a violation of section 411w(1)(a) or (b)
of the Michigan penal code, 1931 PA 328, MCL 750.411w, the court,
without entering a judgment of guilt and with the consent of the
accused and of the prosecuting attorney in consultation with the
victim, may defer further proceedings and place the accused on
probation as provided in this section. However, before deferring
proceedings under this subsection, the court shall contact the
department of state police and determine whether, according to the
records of the department of state police, the accused has
previously been convicted of a violation of section 411w or has
previously availed himself or herself of this section. If the
search of the records reveals an arrest for a violation of section
411w of the Michigan penal code, 1931 PA 328, MCL 750.411w, but no
disposition, the court shall contact the arresting agency and the
court that had jurisdiction over the violation to determine the
disposition of that arrest for purposes of this section.
(2) Upon a violation of a term or condition of probation, the
court may enter an adjudication of guilt and proceed as otherwise
provided in this chapter.
(3) An order of probation entered under subsection (1) may
include any condition of probation authorized under section 3 of
chapter XI, including, but not limited to, requiring the accused to
participate in a mandatory counseling program. The court may order
the accused to pay the reasonable costs of the mandatory counseling
program. The court may order the defendant to be imprisoned for not
more than 30 days at the time or intervals, which may be
consecutive or nonconsecutive and within the period of probation,
as the court determines. The court may permit day parole as
authorized under 1962 PA 60, MCL 801.251 to 801.258. The court may
permit a work or school release from jail.
(4) The court shall enter an adjudication of guilt and proceed
as otherwise provided in this chapter if any of the following
circumstances exist:
(a) The accused commits a violation of section 411h, 411i, or
411w of the Michigan penal code, 1931 PA 328, MCL 750.411h,
750.411i, or 750.411w, during the period of probation.
(b) The accused violates an order of the court that he or she
receive counseling regarding his or her violent behavior.
(c) The accused violates an order of the court that he or she
have no contact with a named individual.
(5) Upon fulfillment of the terms and conditions, the court
shall discharge the person and dismiss the proceedings against the
person. Discharge and dismissal under this section shall be without
adjudication of guilt and are not a conviction for purposes of this
section or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(6) There may be only 1 discharge and dismissal under this
section with respect to any individual. The department of state
police shall retain a nonpublic record of an arrest and discharge
and dismissal under this section. This record shall be furnished to
a court or police agency upon request pursuant to subsection (1) or
to an office of prosecuting attorney for the purpose of showing
that a defendant in a criminal action under section 411w of the
Michigan penal code, 1931 PA 328, MCL 750.411w, or a local
ordinance substantially corresponding to section 411w of that act
has already once availed himself or herself of this section or for
the purpose of determining whether the defendant in a criminal
action is eligible for discharge and dismissal of proceedings.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
01685'11) of the 96th Legislature is enacted into law.
