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.

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).

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).