Bill Text: MI HB4961 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Juveniles; criminal procedure; specified juvenile violation definition; modify in the revised judicature act. Amends sec. 606 of 1961 PA 236 (MCL 600.606). TIE BAR WITH: HB 4960'15, HB 4962'15
Spectrum: Moderate Partisan Bill (Democrat 22-5)
Status: (Introduced - Dead) 2016-04-28 - Referred To Committee On Judiciary [HB4961 Detail]
Download: Michigan-2015-HB4961-Introduced.html
HOUSE BILL No. 4961
October 7, 2015, Introduced by Reps. Kesto, Santana, Garrett, Lucido, Love, Kosowski, Chang, 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 1961 PA 236, entitled
"Revised judicature act of 1961,"
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 17 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, or 529a , or 531 of
the Michigan penal code, Act No. 328
of
the Public Acts of 1931, being sections 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 of the Michigan
Compiled
Laws.
(b)
A violation of section 84 or 110a(2) of Act No. 328 of the
Public
Acts of 1931, being sections 750.84 and 750.110a of the
Michigan
Compiled Laws, 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 Act No. 328 of the Public
Acts
of 1931, being section 750.186a of the Michigan Compiled Laws,
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, Act No. 368 of the Public Acts of 1978,
being
sections 333.7401 and 333.7403 of the Michigan Compiled Laws.
(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).
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. 4960 (request no.
02529'15).
(b) Senate Bill No.____ or House Bill No. 4962 (request no.
03207'15).
