HB-5049, As Passed Senate, December 12, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5049

     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.

     Enacting section 1. This amendatory act takes effect January

1, 2014.