Bill Text: MI HB5484 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Juveniles; criminal procedure; certain statements made during juvenile competency evaluation; clarify. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 18r to ch. XIIA. TIE BAR WITH: HB 5485'09, HB 5486'09, HB 5487'09, HB 5488'09, HB 5489'09

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2010-06-09 - Referred To Second Reading [HB5484 Detail]

Download: Michigan-2009-HB5484-Introduced.html

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HOUSE BILL No. 5484

 

September 29, 2009, Introduced by Reps. Segal, Haase, Lipton, Bauer, Byrnes, Crawford and Liss and referred to the Committee on Judiciary.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

(MCL 710.21 to 712A.32) by adding section 18r to chapter XIIA.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER XIIA

 

     Sec. 18r. (1) The constitutional protections against self-

 

incrimination apply to all competency evaluations.

 

     (2) Any evidence or statement obtained during a competency

 

evaluation is not admissible in any proceeding to determine the

 

juvenile's guilt or innocence unless the juvenile presents evidence

 

that is intended to rebut the presumption of criminal

 

responsibility.

 

     (3) A statement that a juvenile makes during a competency

 

evaluation or evidence resulting from the statement concerning any

 

other event or transaction is not admissible in any proceeding to

 

determine the juvenile's guilt or innocence of any other charges that

 

are based on those events or transactions.

 

     (4) A statement that the juvenile makes during a competency

 

evaluation may not be used for any purpose without the written

 

consent of the juvenile or the juvenile's guardian. The juvenile or

 

the juvenile's guardian must have an opportunity to consult with

 

his or her attorney before giving consent.

 

     (5) After the case proceeds to adjudication or the juvenile is

 

found to be unable to regain competence, the court shall order all

 

of the reports that are submitted according to sections 18n to 18q

 

of this chapter to be sealed. The court may order that the reports

 

be opened only as follows:

 

     (a) For further competency or criminal responsibility

 

evaluations.

 

     (b) For statistical analysis.

 

     (c) If the records are considered to be necessary to assist in

 

mental health treatment ordered according to the mental health

 

code, 1974 PA 258, MCL 330.1001 to 330.2106.

 

     (d) For data gathering.

 

     (e) For scientific study or other legitimate research.

 

     (6) If the court orders reports to be open for the purposes of

 

statistical analysis, data gathering, or scientific study according

 

to subsection (5), the reports shall remain confidential.

 

     (7) Any statement that a juvenile makes during a competency

 

evaluation, or any evidence resulting from that statement, is not

 

subject to disclosure.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 5485(request no.

 

04134'09).

 

     (b) Senate Bill No.____ or House Bill No. 5487(request no.

 

04135'09).

 

     (c) Senate Bill No.____ or House Bill No. 5488(request no.

 

04136'09).

 

     (d) Senate Bill No.____ or House Bill No. 5489(request no.

 

04137'09).

 

     (e) Senate Bill No.____ or House Bill No. 5486(request no.

 

04138'09).