Bill Text: MI HB5320 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in youth rehabilitation services act. Amends sec. 6a of 1974 PA 150 (MCL 803.306a). TIE BAR WITH: HB 5317'16

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-02-10 - Bill Electronically Reproduced 02/09/2016 [HB5320 Detail]

Download: Michigan-2015-HB5320-Introduced.html

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HOUSE BILL No. 5320

February 9, 2016, Introduced by Reps. Irwin, Robinson, Plawecki, Pagan and Hovey-Wright and referred to the Committee on Criminal Justice.

 

     A bill to amend 1974 PA 150, entitled

 

"Youth rehabilitation services act,"

 

by amending section 6a (MCL 803.306a), as amended by 1998 PA 517.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6a. (1) If a public ward described in subsection (2)

 

escapes from a facility or residence in which he or she has been

 

placed, other than his or her own home or the home of his or her

 

parent or guardian, the individual at that facility or residence

 

responsible for maintaining custody of the public ward at the time

 

of the escape shall immediately notify 1 of the following of the

 

escape or cause 1 of the following to be immediately notified of

 

the escape:

 

     (a) If the escape occurs in a city, village, or township that

 

has a police department, that police department.

 

     (b) If subdivision (a) does not apply, 1 of the following:

     (i) The sheriff department of the county where the escape

 

occurs.

 

     (ii) The department of state police post having jurisdiction

 

over the area where the escape occurs.

 

     (2) Subsection (1) applies if the public ward is a public ward

 

under an order of any either of the following:

 

     (a) The juvenile division of the probate court or the family

 

division of circuit court under section 2(a)(1) of chapter XIIA of

 

the probate code of 1939, 1939 PA 288, MCL 712A.2.

 

     (b) The Until the effective date of the amendatory act that

 

repealed section 606 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.606, the circuit court under section 606 of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.606.

 

     (c) The recorder's court of the city of Detroit under section

 

10a(1)(c) of former 1919 PA 369.

 

     (3) A police agency that receives notification of an escape

 

under subsection (1) shall enter that notification into the law

 

enforcement information network without undue delay.

 

     (4) As used in this section, "escape" means to leave without

 

lawful authority or to fail to return to custody when required.

 

     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 Senate Bill No.____ or House Bill No. 5317 (request no.

 

02924'15) of the 98th Legislature is enacted into law.