Bill Text: MI HB5322 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in William Van Regenmorter crime victim's rights act. Amends secs. 2 & 20a of 1985 PA 87 (MCL 780.752 & 780.770a). TIE BAR WITH: HB 5317'16
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-02-10 - Bill Electronically Reproduced 02/09/2016 [HB5322 Detail]
Download: Michigan-2015-HB5322-Introduced.html
HOUSE BILL No. 5322
February 9, 2016, Introduced by Reps. Irwin, Robinson, Plawecki and Pagan and referred to the Committee on Criminal Justice.
A bill to amend 1985 PA 87, entitled
"William Van Regenmorter crime victim's rights act,"
by amending sections 2 and 20a (MCL 780.752 and 780.770a), section
2 as amended by 2014 PA 133 and section 20a as amended by 1998 PA
523.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Except as otherwise defined in this article, as
used in this article:
(a) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(b) "Crime" means a violation of a penal law of this state for
which the offender, upon conviction, may be punished by
imprisonment for more than 1 year or an offense expressly
designated by law as a felony.
(c) "Crime victim services commission" means that term as
described in section 2 of 1976 PA 223, MCL 18.352.
(d) "Defendant" means a person charged with, convicted of, or
found not guilty by reason of insanity of committing a crime
against a victim.
(e) "Facility", as used in sections 6, 13a, 19a, and 20 only,
and not with reference to a juvenile facility, means that term as
defined in section 100b of the mental health code, 1974 PA 258, MCL
330.1100b.
(f) "Final disposition" means the ultimate termination of the
criminal prosecution of a defendant including, but not limited to,
dismissal, acquittal, or imposition of sentence by the court.
(g) "Juvenile" means a person within the jurisdiction of the
circuit court under section 606 of the revised judicature act of
1961, 1961 PA 236, MCL 600.606, 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amendatory act that repealed section 606 of the revised judicature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.
(h) "Juvenile facility" means a county facility, institution
operated as an agency of the county or the family division of
circuit court, or an institution or agency described in the youth
rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309,
to which a juvenile has been committed or in which a juvenile is
detained.
(i) "Hospital" means that term as defined in section 100b of
the mental health code, 1974 PA 258, MCL 330.1100b.
(j) "Person" means an individual, organization, partnership,
corporation, or governmental entity.
(k) "Prisoner" means a person who has been convicted and
sentenced to imprisonment or placement in a juvenile facility for
having committed a crime or an act that would be a crime if
committed by an adult against a victim.
(l) "Prosecuting attorney" means the prosecuting attorney for
a county, an assistant prosecuting attorney for a county, the
attorney general, the deputy attorney general, an assistant
attorney general, or a special prosecuting attorney.
(m) "Victim" means any of the following:
(i) An individual who suffers direct or threatened physical,
financial, or emotional harm as a result of the commission of a
crime, except as provided in subparagraph (ii), (iii), or (iv).
(ii) The following individuals other than the defendant if the
victim is deceased:
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of
age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and
(B) do not apply.
(D) The guardian or custodian of a child of a deceased victim
if the child is less than 18 years of age and sub-subparagraphs (A)
to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A)
to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs
(A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less
than 18 years of age and who is neither the defendant nor
incarcerated, if the parent, guardian, or custodian so chooses. For
the purpose of making an impact statement only, a parent, guardian,
or custodian of a victim who is less than 18 years of age at the
time of the commission of the crime and who is neither the
defendant nor incarcerated, if the parent, guardian, or custodian
so chooses.
(iv) A parent, guardian, or custodian of a victim who is
mentally or emotionally unable to participate in the legal process
if he or she is neither the defendant nor incarcerated.
(2) If a victim as defined in subsection (1)(m)(i) is
physically or emotionally unable to exercise the privileges and
rights under this article, the victim may designate his or her
spouse, child 18 years of age or older, parent, sibling,
grandparent, or any other person 18 years of age or older who is
neither the defendant nor incarcerated to act in his or her place
while the physical or emotional disability continues. The victim
shall provide the prosecuting attorney with the name of the person
who is to act in his or her place. During the physical or emotional
disability, notices to be provided under this article to the victim
shall continue to be sent only to the victim.
(3) An individual who is charged with a crime arising out of
the same transaction from which the charge against the defendant
arose is not eligible to exercise the privileges and rights
established for victims under this article.
(4) An individual who is incarcerated is not eligible to
exercise the privileges and rights established for victims under
this article except that he or she may submit a written statement
to the court for consideration at sentencing.
Sec.
20a. (1) Upon 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, upon a victim's written request,
the
family independence agency department
of health and human
services or county juvenile agency, as applicable, shall make a
good faith effort to notify the victim before either of the
following occurs:
(a) A juvenile is dismissed from court jurisdiction or
discharged
from commitment to the family independence agency
department of health and human services or county juvenile agency.
(b) A juvenile is transferred from a secure juvenile facility
to a nonsecure juvenile facility.
(2)
If the family independence agency department of health and
human services or county juvenile agency is not successful in
notifying the victim before an event described in subsection (1)
occurs, it shall notify the victim as soon as possible after that
event occurs by any means reasonably calculated to give prompt
actual notice.
(3)
Upon 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, upon the victim's written
request, the family
independence
agency department of health
and human services or
county juvenile agency, as applicable, shall give to the victim
notice of a juvenile's escape. A victim who requests notice of an
escape shall be given immediate notice of the escape by any means
reasonably calculated to give prompt actual notice. If the escape
occurs
before the juvenile is delivered to the family independence
agency
department of health and
human services or county juvenile
agency, the agency in charge of the juvenile's detention shall give
notice
of the escape to the family independence agency department
of health and human services or county juvenile agency, which shall
then give notice of the escape to the victim who requested notice.
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.
