Bill Text: MI HB5348 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Courts; juries; definition of veteran; update in the revised judicature act of 1961. Amends sec. 1200 of 1961 PA 236 (MCL 600.1200). TIE BAR WITH: HB 5332'16
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2016-07-13 - Assigned Pa 215'16 With Immediate Effect [HB5348 Detail]
Download: Michigan-2015-HB5348-Engrossed.html
HB-5348, As Passed House, May 4, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5348
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1200 (MCL 600.1200), as added by 2012 PA 335.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1200. As used in this chapter:
(a)
"Armed forces" means the army, air force, navy, marine
corps,
coast guard, or other military force designated by congress
as
a part of the armed forces of the United States.
(b)
"Department of military and veterans affairs" or "DMVA"
means
the department of military and veterans affairs established
under
section 125 of the executive organization act of 1965, 1965
PA
380, MCL 16.225.
(a) (c)
"Department of veterans
affairs" Veterans
Affairs" or
"VA"
means the United States department of veterans
affairs.Department of Veterans Affairs.
(b) (d)
"Domestic violence
offense" means any crime alleged to
have been committed by an individual against his or her spouse or
former spouse, an individual with whom he or she has a child in
common, an individual with whom he or she has had a dating
relationship, or an individual who resides or has resided in the
same household.
(c) (e)
"L.E.I.N." means the law
enforcement information
network regulated under the C.J.I.S. policy council act, 1974 PA
163, MCL 28.211 to 28.215.
(d) (f)
"Mental illness" means a
substantial disorder of
thought or mood that significantly impairs judgment, behavior,
capacity to recognize reality, or ability to cope with the ordinary
demands of life, including, but not limited to, post-traumatic
stress disorder and psychiatric symptoms associated with traumatic
brain injury.
(e) (g)
"Participant" means an
individual who is admitted into
a veterans treatment court.
(f) (h)
"Prosecutor" means the
prosecuting attorney of the
county, the city attorney, the village attorney, or the township
attorney.
(g) (i)
"Traffic offense" means a
violation of the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of
a local ordinance substantially corresponding to a violation of
that act, that involves the operation of a vehicle and, at the time
of the violation, is a felony or misdemeanor.
(h) (j)
"Veteran" means any of
the following:
(i) A person who served on active duty in the armed
forces for
a
period of more than 180 days and separated from the armed forces
in
a manner other than a dishonorable discharge.
(ii) A person discharged or released from active duty
because
of
a service-related disability.
(iii) A member of a reserve branch of the armed forces
at the
time
he or she was ordered to active duty during a period of war,
or
in a campaign or expedition for which a campaign badge is
authorized,
and was released from active duty in a manner other
than
a dishonorable discharge.an
individual who meets both of the
following:
(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL
35.61.
(ii) Served at least 180 days of active duty in the armed
forces of the United States.
(i) (k)
"Veteran service
organization" or "VSO" means an
organization
that is accredited by the United States department of
veterans
affairs, Department of
Veterans Affairs, as recognized
under 38 CFR 14.628.
(j) (l) "Veterans
treatment court" or "veterans court" means a
court adopted or instituted under section 1201 that provides a
supervised treatment program for individuals who are veterans and
who abuse or are dependent upon any controlled substance or alcohol
or suffer from a mental illness.
(k) (m)
"Violent offender" means
an individual who is
currently charged with or has pled guilty to an offense involving
the death of, or a serious bodily injury to, any individual,
whether or not any of these circumstances are an element of the
offense, or an offense that is criminal sexual conduct in any
degree.
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 House Bill No. 5332 of the 98th Legislature is enacted into
law.
