Bill Text: MI HB4949 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Juveniles; criminal procedure; age of juvenile court jurisdiction in juvenile diversion act; modify. Amends secs. 2 & 8 of 1988 PA 13 (MCL 722.822 & 722.828). TIE BAR WITH: HB 4947'15, HB 4948'15, HB 4950'15, HB 4951'15, HB 4952'15, HB 4953'15, HB 4954'15
Spectrum: Moderate Partisan Bill (Democrat 20-6)
Status: (Introduced - Dead) 2016-04-28 - Referred To Committee On Judiciary [HB4949 Detail]
Download: Michigan-2015-HB4949-Engrossed.html
HB-4949, As Passed House, April 27, 2016
HOUSE BILL No. 4949
October 7, 2015, Introduced by Reps. Pagel, Chang, Santana, Kosowski, Webber, Byrd, Robinson, Geiss, Gay-Dagnogo, Greig, Yanez, Darany, Forlini, Lucido, Howrylak, LaVoy, Durhal, Rutledge, Irwin, Neeley, Hovey-Wright, Plawecki, Moss, Love, Callton and Zemke and referred to the Committee on Criminal Justice.
A bill to amend 1988 PA 13, entitled
"Juvenile diversion act,"
by amending sections 2 and 8 (MCL 722.822 and 722.828), section 2
as amended by 1996 PA 415.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Assaultive crime" means an offense that, if committed by
an adult, would constitute an offense against a person described in
section 82, 83, 84, 86, 87, 88, 89, 316, 317, 321, 349, 349a, 350,
397, 520b, 520c, 520d, 520e, 520g, 529, 529a, or 530 of the
Michigan
penal code, Act No. 328 of the Public Acts of 1931, being
sections
750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89,
750.316,
750.317, 750.321, 750.349, 750.349a, 750.350, 750.397,
750.520b,
750.520c, 750.520d, 750.520e, 750.520g, 750.529,
750.529a,
and 750.530 of the Michigan Compiled Laws.1931 PA 328,
MCL 750.82, 750.83, 750.84, 750.86, 750.87, 750.88, 750.89,
750.316, 750.317, 750.321, 750.349, 750.349a, 750.350, 750.397,
750.520b, 750.520c, 750.520d, 750.520e, 750.520g, 750.529,
750.529a, and 750.530.
(b) "Court" means the family division of circuit court.
(c) "Divert" or "diversion" means the placement that occurs
when a formally recorded apprehension is made by a law enforcement
agency for an act by a minor that if a petition were filed with the
court would bring that minor within section 2(a) of chapter XIIA of
Act
No. 288 of the Public Acts of 1939, being section 712A.2 of the
Michigan
Compiled Laws, the probate
code of 1939, 1939 PA 288, MCL
712A.2, and instead of petitioning the court or authorizing a
petition, either of the following occurs:
(i) The minor is released into the custody of his or her
parent, guardian, or custodian and the investigation is
discontinued.
(ii) The minor and the minor's parent, guardian, or custodian
agree to work with a person or public or private organization or
agency that will assist the minor and the minor's family in
resolving the problem that initiated the investigation.
(d) "Law enforcement agency" means a police department of a
city, village, or township, a sheriff's department, the department
of state police, or any other governmental law enforcement agency
in this state.
(e)
"Minor" means an individual less than 17 18 years
of age.
Sec. 8. (1) Except as otherwise required in subsection (2), a
House Bill No. 4949 as amended April 26, 2016
record required to be kept under this act shall be open only by
order
of the court to persons having a
person who has a legitimate
interest.
(2) A record required to be kept under this act shall be open
to a law enforcement agency or court intake worker for only the
purpose of deciding whether to divert a minor.
(3) A minor's record kept under this act shall be destroyed
within
28 days after the minor becomes 17 18 years of age.
Enacting section 1. This amendatory act takes effect [October 1,
2018. ]
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4947 (request no.
02527'15).
(b) Senate Bill No.____ or House Bill No. 4948 (request no.
02551'15).
(c) Senate Bill No.____ or House Bill No. 4950 (request no.
02679'15).
(d) Senate Bill No.____ or House Bill No. 4953 (request no.
02681'15).
(e) Senate Bill No.____ or House Bill No. 4951 (request no.
02682'15).
[
(f)] Senate Bill No.____ or House Bill No. 4954 (request no.
03363'15).
House Bill No. 4949 as amended April 26, 2016
[(g)] Senate Bill No.____ or House Bill No. 4952 (request no.
03366'15).
