HB-5049, As Passed House, October 17, 2013
October 2, 2013, Introduced by Rep. Singh and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 1209 (MCL 600.1209), as added by 2012 PA 335.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1209. (1) Upon completion or termination of the veterans
treatment court program, the court shall find on the record or
place a written statement in the court file as to whether the
participant completed the program successfully or whether the
individual's participation in the program was terminated and, if it
was terminated, the reason for the termination.
(2) If a participant successfully completes probation or other
court supervision and the participant's proceedings were deferred
or the participant was sentenced under section 1206, the court
shall comply with the agreement made with the participant upon
admission into the veterans treatment court, or the agreement as it
was altered after admission by the court with approval of the
participant and the prosecutor for that jurisdiction as provided in
subsections (3) to (8).
(3) If an individual is participating in a veterans treatment
court under a statute listed in section 1203(2), the court shall
proceed under the applicable section of law. There shall be not
more than 1 discharge or dismissal under this subsection.
(4) Except as provided in subsection (5), the court, with the
agreement of the prosecutor and in conformity with the terms and
conditions of the memorandum of understanding under section
1201(2), may discharge and dismiss the proceedings against an
individual who meets all of the following criteria:
(a) The individual has participated in a veterans treatment
court for the first time.
(b) The individual has successfully completed the terms and
conditions of the veterans treatment court program.
(c) The individual is not required by law to be sentenced to a
correctional facility for the crimes to which he or she has pled
guilty.
(d) The individual is not currently charged with and has not
pled guilty to a traffic offense.
(e) The individual has not previously been subject to more
than 1 of any of the following:
(i) Assignment to the status of youthful trainee under section
11 of chapter II of the code of criminal procedure, 1927 PA 175,
MCL 762.11.
(ii) The dismissal of criminal proceedings against him or her
under section 7411 of the public health code, 1978 PA 368, MCL
333.7411, section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a, or section 350a or 430 of the
Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430.
(5) The court may grant a discharge and dismissal of a
domestic violence offense only if all of the following
circumstances apply:
(a) The individual has not previously had proceedings
dismissed under section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a.
(b) The domestic violence offense is eligible to be dismissed
under section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a.
(c) The individual fulfills the terms and conditions imposed
under section 4a of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.4a, and the discharge and dismissal of
proceedings are processed and reported under section 4a of chapter
IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a.
(6) A discharge and dismissal under subsection (4) shall be
without adjudication of guilt and is not a conviction for purposes
of this section or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime. There shall
be not more than 1 discharge and dismissal under subsection (4) for
an individual. The court shall send a record of the discharge and
dismissal to the criminal justice information center of the
department of state police, and the department of state police
shall enter that information into the L.E.I.N. with an indication
of participation by the individual in a veterans treatment court.
All
Unless the court enters a
judgment of guilt, all records of the
proceedings regarding the participation of the individual in the
veterans treatment court under subsection (4) are closed to public
inspection and are exempt from public disclosure under the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246, but shall be
open to the courts of this state, another state, or the United
States, the department of corrections, law enforcement personnel,
and prosecutors only for use in the performance of their duties or
to determine whether an employee of the court, department, law
enforcement agency, or prosecutor's office has violated his or her
conditions of employment or whether an applicant meets criteria for
employment with the court, department, law enforcement agency, or
prosecutor's office. The records and identifications division of
the department of state police shall retain a nonpublic record of
an arrest and the discharge and dismissal under this subsection.
(7) Except as provided in subsection (3), (4), or (5), if an
individual has successfully completed probation or other court
supervision, the court shall do the following:
(a) If the court has not already entered an adjudication of
guilt or responsibility, enter an adjudication of guilt.
(b) If the court has not already sentenced the individual,
proceed to sentencing.
(c) Send a record of the conviction and sentence or the
finding or adjudication of responsibility and disposition to the
criminal justice information center of the department of state
police. The department of state police shall enter that information
into the L.E.I.N. with an indication of successful participation by
the individual in a veterans treatment court.
(8) For a participant whose participation is terminated or who
fails to successfully complete the veterans treatment court
program, the court shall enter an adjudication of guilt if the
entering of guilt was deferred or sentencing was delayed under
section 1206 and shall then proceed to sentencing or disposition of
the individual for the original charges to which the individual
pled guilty prior to admission to the veterans treatment court.
Upon sentencing or disposition of the individual, the court shall
send a record of that sentence or disposition and the individual's
unsuccessful participation in the veterans treatment court to the
criminal justice information center of the department of state
police, and the department of state police shall enter that
information into the L.E.I.N., with an indication that the
individual unsuccessfully participated in a veterans treatment
court.