Bill Text: MI HB4452 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Juveniles: criminal procedure; age of offender for specified juvenile violations; modify in the revised judicature act. Amends sec. 606 of 1961 PA 236 (MCL 600.606). TIE BAR WITH: SB 0100'19, HB 4443'19
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2019-10-31 - Assigned Pa 107'19 [HB4452 Detail]
Download: Michigan-2019-HB4452-Enrolled.html
state of michigan
100th Legislature
Regular session of 2019
Introduced by Reps. Garrett, Whitsett, Byrd, Neeley, Yancey, B. Carter, T. Carter, Robinson, Elder, Tate and Coleman
ENROLLED HOUSE BILL No. 4452
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 606 (MCL 600.606), as amended by 1996 PA 260.
The People of the State of Michigan enact:
Sec. 606. (1) The circuit court has jurisdiction to hear and determine a specified juvenile violation if committed by a juvenile 14 years of age or older and less than 18 years of age.
(2) As used in this section, “specified juvenile violation” means any of the following:
(a) A violation of section 72, 83, 86, 89, 91, 316, 317, 349, 520b, 529, 529a, or 531 of the Michigan penal code, 1931 PA 328, MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 750.349, 750.520b, 750.529, 750.529a, and 750.531.
(b) A violation of section 84 or 110a(2) of the Michigan penal code, 1931 PA 328, MCL 750.84 and 750.110a, if the juvenile is armed with a dangerous weapon. As used in this subdivision, “dangerous weapon” means 1 or more of the following:
(i) A loaded or unloaded firearm, whether operable or inoperable.
(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.
(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.
(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).
(c) A violation of section 186a of the Michigan penal code, 1931 PA 328, MCL 750.186a, regarding escape or attempted escape from a juvenile facility, but only if the juvenile facility from which the individual escaped or attempted to escape was 1 of the following:
(i) A high-security
or medium-security facility operated by the family independence agency.
(ii) A high-security facility operated by a private agency under contract with the family independence agency.
(d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403.
(e) An attempt to commit a violation described in subdivisions (a) to (d).
(f) Conspiracy to commit a violation described in subdivisions (a) to (d).
(g) Solicitation to commit a violation described in subdivisions (a) to (d).
(h) Any lesser included offense of a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).
(i) Any other violation arising out of the same transaction as a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).
Enacting section 1. This amendatory act takes effect October 1, 2021.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 100.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
