Bill Text: MI HB4960 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Juveniles; criminal procedure; certain offenses that do not require adult sentencing; eliminate from the list of specified juvenile offenses in code of criminal procedure. Amends sec. 1f, ch. IV & sec. 14, ch. VI of 1927 PA 175 (MCL 764.1f & 766.14). TIE BAR WITH: HB 4961'15, HB 4962'15
Spectrum: Moderate Partisan Bill (Democrat 22-6)
Status: (Introduced - Dead) 2016-04-28 - Referred To Committee On Judiciary [HB4960 Detail]
Download: Michigan-2015-HB4960-Introduced.html
HOUSE BILL No. 4960
October 7, 2015, Introduced by Reps. Kesto, Santana, Garrett, Lucido, Love, Kosowski, Chang, Webber, Byrd, Robinson, Geiss, Banks, Gay-Dagnogo, Greig, Yanez, Darany, Forlini, Howrylak, LaVoy, Durhal, Rutledge, Irwin, Neeley, Hovey-Wright, Plawecki, Moss, Callton and Zemke and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1f of chapter IV and section 14 of chapter VI
(MCL 764.1f and 766.14), as amended by 1998 PA 520.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 1f. (1) If the prosecuting attorney has reason to believe
that
a juvenile 14 years of age or older but less than 17 18 years
of age has committed a specified juvenile violation, the
prosecuting attorney may authorize the filing of a complaint and
warrant on the charge with a magistrate concerning the juvenile.
(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, or 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, and 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 or a county juvenile agency.
(ii) A high-security facility operated by a private
agency
under
contract with the family independence agency or a county
juvenile
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.
(c) (e)
An attempt to commit a violation
described in
subdivisions
subdivision (a) to (d).or (b).
(d) (f)
Conspiracy to commit a violation
described in
subdivisions
subdivision (a) to (d).or (b).
(e) (g)
Solicitation to commit a violation
described in
subdivisions
subdivision (a) to (d).or (b).
(f) (h)
Any lesser included offense of a
violation described
in
subdivisions (a) to (g) (e)
if the individual is charged with a
violation
described in subdivisions (a) to (g).(e).
(g) (i)
Any other violation arising out of
the same
transaction
as a violation described in subdivisions (a) to (g) (e)
if the individual is charged with a violation described in
subdivisions
(a) to (g).(e).
CHAPTER VI
Sec. 14. (1) If the court determines at the conclusion of the
preliminary examination of a person charged with a felony that the
offense charged is not a felony or that an included offense that is
not a felony has been committed, the accused shall not be dismissed
but the magistrate shall proceed in the same manner as if the
accused had initially been charged with an offense that is not a
felony.
(2) If at the conclusion of the preliminary examination of a
juvenile the magistrate finds that a specified juvenile violation
did not occur or that there is not probable cause to believe that
the juvenile committed the violation, but that there is probable
cause to believe that some other offense occurred and that the
juvenile committed that other offense, the magistrate shall
transfer the case to the family division of circuit court of the
county where the offense is alleged to have been committed.
(3) A transfer under subsection (2) does not prevent the
family division of circuit court from waiving jurisdiction over the
juvenile under section 4 of chapter XIIA of 1939 PA 288, MCL
712A.4.
(4) 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, or 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, and 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 or a county juvenile agency.
(ii) A high-security facility operated by a private
agency
under
contract with the family independence agency or a county
juvenile
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.
(c) (e)
An attempt to commit a violation
described in
subdivisions
subdivision (a) to (d).or (b).
(d) (f)
Conspiracy to commit a violation
described in
subdivisions
subdivision (a) to (d).or (b).
(e) (g)
Solicitation to commit a violation
described in
subdivisions
subdivision (a) to (d).or (b).
(f) (h)
Any lesser included offense of a
violation described
in
subdivisions (a) to (g) (e)
if the individual is charged with a
violation
described in subdivisions (a) to (g).to (e).
(g) (i)
Any other violation arising out of
the same
transaction
as a violation described in subdivisions (a) to (g) (e)
if the individual is charged with a violation described in
subdivisions
(a) to (g).(e).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
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. 4961 (request no.
02529'15 a).
(b) Senate Bill No.____ or House Bill No. 4962 (request no.
03207'15).
