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Michigan Legislature
Michigan Compiled Laws Complete Through PA 123 of 2019
House: Adjourned until Thursday, December 19, 2019 11:30:00 AM
Senate: Adjourned until Thursday, December 19, 2019 11:30:00 AM


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Section 764.1f

THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927

***** 764.1f THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2021: See 764.1f.amended *****



764.1f Juvenile; filing complaint and warrant with magistrate; “specified juvenile violation” defined.

Sec. 1f.

  (1) If the prosecuting attorney has reason to believe that a juvenile 14 years of age or older but less than 17 years of age has committed a specified juvenile violation, the prosecuting attorney may authorize the filing of a complaint and warrant on the charge with a magistrate concerning the juvenile.
  (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, 529a, or 531 of the Michigan penal code, 1931 PA 328, MCL 750.72, 750.83, 750.86, 750.89, 750.91, 750.316, 750.317, 750.349, 750.520b, 750.529, 750.529a, and 750.531.
  (b) A violation of section 84 or 110a(2) of 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 the Michigan penal code, 1931 PA 328, MCL 750.186a, 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 or a county juvenile agency.
  (ii) A high-security facility operated by a private agency under contract with the family independence agency or a county juvenile agency.
  (d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code, 1978 PA 368, MCL 333.7401 and 333.7403.
  (e) An attempt to commit a violation described in subdivisions (a) to (d).
  (f) Conspiracy to commit a violation described in subdivisions (a) to (d).
  (g) Solicitation to commit a violation described in subdivisions (a) to (d).
  (h) Any lesser included offense of a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).
  (i) Any other violation arising out of the same transaction as a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).


History: Add. 1988, Act 67, Eff. Oct. 1, 1988 ;-- Am. 1994, Act 195, Eff. Oct. 1, 1994 ;-- Am. 1996, Act 255, Eff. Jan. 1, 1997 ;-- Am. 1998, Act 520, Imd. Eff. Jan. 12, 1999
Compiler's Notes: Section 3 of Act 67 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 173 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”


© 2017 Legislative Council, State of Michigan

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