Bill Text: MI HB4882 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Criminal procedure; mental capacity; procedure for asserting insanity defense; expand to include misdemeanor offenses. Amends sec. 20a, ch. VIII of 1927 PA 175 (MCL 768.20a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-09-06 - Bill Electronically Reproduced 08/16/2017 [HB4882 Detail]
Download: Michigan-2017-HB4882-Introduced.html
HOUSE BILL No. 4882
August 16, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 20a of chapter VIII (MCL 768.20a), as amended
by 2014 PA 76.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER VIII
Sec. 20a. (1) If a defendant in a felony or misdemeanor case
proposes to offer in his or her defense testimony to establish his
or her insanity at the time of an alleged offense, the defendant
shall file and serve upon the court and the prosecuting attorney a
notice in writing of his or her intention to assert the defense of
insanity not less than 30 days before the date set for the trial of
the case, or at such other time as the court directs.
(2) Upon receipt of a notice of an intention to assert the
defense of insanity, a court shall order the defendant to undergo
an examination relating to his or her claim of insanity by
personnel of the center for forensic psychiatry or by other
qualified personnel, as applicable, for a period not to exceed 60
days from the date of the order. When the defendant is to be held
in jail pending trial, the center or the other qualified personnel
may perform the examination in the jail, or may notify the sheriff
to transport the defendant to the center or facility used by the
qualified personnel for the examination, and the sheriff shall
return the defendant to the jail upon completion of the
examination. When the defendant is at liberty pending trial, on
bail or otherwise, the defendant shall make himself or herself
available for the examination at the place and time established by
the center or the other qualified personnel. If the defendant,
after being notified of the place and time of the examination,
fails to make himself or herself available for the examination, the
court may, without a hearing, order his or her commitment to the
center.
(3) The defendant may, at his or her own expense, secure an
independent psychiatric evaluation by a clinician of his or her
choice on the issue of his or her insanity at the time the alleged
offense was committed. If the defendant is indigent, the court may,
upon showing of good cause, order that the county pay for an
independent psychiatric evaluation. The defendant shall notify the
prosecuting
attorney at least not less
than 5 days before the day
scheduled for the independent evaluation that he or she intends to
secure such an evaluation. The prosecuting attorney may similarly
obtain independent psychiatric evaluation. A clinician secured by
an indigent defendant is entitled to receive a reasonable fee as
approved by the court.
(4) The defendant shall fully cooperate in his or her
examination by personnel of the center for forensic psychiatry or
by other qualified personnel, and by any other independent
examiners
for the defense and or prosecution,
as applicable. If he
or she fails to cooperate, and that failure is established to the
satisfaction of the court at a hearing prior to trial, the
defendant shall be barred from presenting testimony relating to his
or her insanity at the trial of the case.
(5) Statements made by the defendant to personnel of the
center for forensic psychiatry, to other qualified personnel, or to
any
independent examiner during an examination shall are not
be
admissible
or and do not have probative value in court at the trial
of the case on any issues other than his or her mental illness or
insanity at the time of the alleged offense.
(6) Upon conclusion of the examination, the center for
forensic psychiatry or the other qualified personnel, and any
independent examiner, shall prepare a written report and shall
submit the report to the prosecuting attorney and defense counsel.
The
report shall must contain:
(a) The clinical findings of the center, the qualified
personnel, or any independent examiner.
(b) The facts, in reasonable detail, upon which the findings
were based.
(c) The opinion of the center or qualified personnel, and the
independent examiner on the issue of the defendant's insanity at
the time the alleged offense was committed and whether the
defendant was mentally ill or intellectually disabled at the time
the alleged offense was committed.
(7) Within 10 days after the receipt of the report from the
center for forensic psychiatry or from the qualified personnel, or
within 10 days after the receipt of the report of an independent
examiner secured by the prosecution, whichever occurs later, but
not later than 5 days before the trial of the case, or at another
time the court directs, the prosecuting attorney shall file and
serve upon the defendant a notice of rebuttal of the defense of
insanity which shall contain the names of the witnesses whom the
prosecuting attorney proposes to call in rebuttal.
(8) The report of the center for forensic psychiatry, the
qualified
personnel, or any independent examiner may be admissible
admitted in evidence upon the stipulation of the prosecution and
defense.
(9) As used in this section, "qualified personnel" means
personnel meeting standards determined by the department of
community
health and human services under rules promulgated
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
