February 9, 2016, Introduced by Reps. Irwin, Robinson, Plawecki and Pagan and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1 of chapter I, sections 1f and 27 of chapter
IV, and section 14 of chapter VI (MCL 761.1, 764.1f, 764.27, and
766.14), section 1 of chapter I as amended by 2007 PA 20, section
1f of chapter IV and section 14 of chapter VI as amended by 1998 PA
520, and section 27 of chapter IV as amended by 1996 PA 418.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER I
Sec. 1. As used in this act:
(a) "Person", "accused", or a similar word means an individual
or, unless a contrary intention appears, a public or private
corporation, partnership, or unincorporated or voluntary
association.
(b) "Act" or "doing of an act" includes "omission to act".
(c) "Property" includes any matter or thing upon or in respect
to which an offense may be committed.
(d) "Indictment" means 1 or more of the following:
(i) An indictment.
(ii) An information.
(iii) A presentment.
(iv) A complaint.
(v) A warrant.
(vi) A formal written accusation.
(vii) Unless a contrary intention appears, a count contained
in any document described in subparagraphs (i) through (vi).
(e) "Writing", "written", or a similar term refers to words
printed, painted, engraved, lithographed, photographed, copied,
traced, or otherwise made visible to the eye.
(f) "Magistrate" means a judge of the district court or a
judge of a municipal court. Magistrate does not include a district
court magistrate, except that a district court magistrate may
exercise the powers, jurisdiction, and duties of a magistrate if
specifically provided in this act, the revised judicature act of
1961, 1961 PA 236, MCL 600.101 to 600.9947, or any other statute.
This definition does not limit the power of a justice of the
supreme court, a circuit judge, or a judge of a court of record
having jurisdiction of criminal cases under this act, or deprive
him or her of the power to exercise the authority of a magistrate.
(g) "Felony" means a violation of a penal law of this state
for which the offender, upon conviction, may be punished by death
or by imprisonment for more than 1 year or an offense expressly
designated by law to be a felony.
(h) "Misdemeanor" means a violation of a penal law of this
state that is not a felony or a violation of an order, rule, or
regulation of a state agency that is punishable by imprisonment or
a fine that is not a civil fine.
(j) "Ordinance violation" means either of the following:
(i) A violation of an ordinance or charter of a city, village,
township, or county that is punishable by imprisonment or a fine
that is not a civil fine.
(ii) A violation of an ordinance, rule, or regulation of any
other governmental entity authorized by law to enact ordinances,
rules, or regulations that is punishable by imprisonment or a fine
that is not a civil fine.
(k) "Minor offense" means a misdemeanor or ordinance violation
for which the maximum permissible imprisonment does not exceed 92
days and the maximum permissible fine does not exceed $1,000.00.
(l) "Prosecuting attorney" means the prosecuting attorney for
a county, an assistant prosecuting attorney for a county, the
attorney general, the deputy attorney general, an assistant
attorney general, a special prosecuting attorney, or, in connection
with the prosecution of an ordinance violation, an attorney for the
political subdivision or governmental entity that enacted the
ordinance, charter, rule, or regulation upon which the ordinance
violation is based.
(m) "Judicial district" means the following:
(i) With regard to the circuit court, the county.
(ii) With regard to municipal courts, the city in which the
municipal court functions or the village served by a municipal
court under section 9928 of the revised judicature act of 1961,
1961 PA 236, MCL 600.9928.
(iii) With regard to the district court, the county, district,
or political subdivision in which venue is proper for criminal
actions.
(n) "Complaint" means a written accusation, under oath or upon
affirmation, that a felony, misdemeanor, or ordinance violation has
been committed and that the person named or described in the
accusation is guilty of the offense.
(o) "Clerk" means the clerk or a deputy clerk of the court.
(p) "Federal law enforcement officer" means an officer or
agent employed by a law enforcement agency of the United States
government whose primary responsibility is enforcing laws of the
United States.
(q) "Jail", "prison", or a similar word includes a juvenile
facility in which a juvenile has been placed pending trial under
section 27a of chapter IV.
(r) "Juvenile", until the effective date of the amendatory act
that repealed section 606 of the revised judicature act of 1961,
1961 PA 236, MCL 600.606, means a person within the jurisdiction of
the circuit court under section 606 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.606.
(s) "Juvenile facility" means a county facility, institution
operated as an agency of the county or family division of circuit
court, or an institution or agency described in the youth
rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309,
to which a juvenile has been committed under section 27a of chapter
IV.
(t) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(u) "Taken", "brought", or "before" a magistrate or judge for
purposes of criminal arraignment or the setting of bail means
either of the following:
(i) Physical presence before a judge or district court
magistrate.
(ii) Presence before a judge or district court magistrate by
use of 2-way interactive video technology.
CHAPTER IV
Sec.
1f. (1) If Until the
effective date of the amendatory act
that repealed section 606 of the revised judicature act of 1961,
1961 PA 236, MCL 600.606, 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 department
of health and human
services or a county juvenile agency.
(ii) A high-security facility operated by a private agency
under
contract with the family independence agency department of
health and human services 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).
Sec. 27. Except as otherwise provided in section 606 of the
revised
judicature act of 1961, Act No. 236 of the Public Acts of
1961,
being section 600.606 of the Michigan Compiled Laws, or
section
10a(1)(c) of Act No. 369 of the Public Acts of 1919, being
section
725.10a of the Michigan Compiled Laws, 1961 PA 236, MCL
600.606, until the effective date of the amendatory act that
repealed that section, if a child less than 17 years of age is
arrested, with or without a warrant, the child shall be taken
immediately before the family division of circuit court of the
county where the offense is alleged to have been committed, and the
officer making the arrest shall immediately make and file, or cause
to be made and filed, a petition against the child as provided in
chapter
XIIA of Act No. 288 of the Public Acts of 1939, being
sections
712A.1 to 712A.31 of the Michigan Compiled Laws. the
probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32. Except as
otherwise
provided in section 606 of Act No. 236 of the Public Acts
of
1961 or section 10a(1)(c) of Act No. 369 of the Public Acts of
1919,
the revised judicature act of
1961, 1961 PA 236, MCL 600.606,
until the effective date of the amendatory act that repealed that
section, if during the pendency of a criminal case against a child
in a court in this state it is ascertained that the child is less
than 17 years of age, the court shall immediately transfer the
case, together with all papers connected with the case, to the
family division of circuit court of the county where the offense is
alleged to have been committed. If a child 14 years of age or older
is charged with a felony, the judge of probate, after investigation
and examination and upon motion of the prosecuting attorney, may
waive
jurisdiction under section 4 of chapter XIIA of Act No. 288
of
the Public Acts of 1939, being section 712A.4 of the Michigan
Compiled
Laws. the probate code of
1939, 1939 PA 288, MCL 712A.4.
If jurisdiction is waived, the child may be tried in the court
having general criminal jurisdiction of the offense. If during the
pendency of a criminal case against a child in a court of record
other than the family division of circuit court it is determined
that the child is 17 years of age, the court, if the court finds
that any of the conditions exist as outlined in section 2(d) of
chapter
XIIA of Act No. 288 of the Public Acts of 1939, as amended,
being
section 712A.2 of the Michigan Compiled Laws, the probate
code of 1939, 1939 PA 288, MCL 712A.2, upon motion of the
prosecuting attorney, the child, or his or her representative, may
transfer the case together with all papers connected with the case
to the family division of circuit court of the county where the
offense is alleged to have been committed.
CHAPTER VI
Sec. 14. (1) If the court determines at the conclusion of the
preliminary examination of a person charged with a felony that the
offense charged is not a felony or that an included offense that is
not a felony has been committed, the accused shall not be dismissed
but the magistrate shall proceed in the same manner as if the
accused had initially been charged with an offense that is not a
felony.
(2) If at the conclusion of the preliminary examination of a
juvenile the magistrate finds that, until the effective date of the
amendatory act that repealed section 606 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.606, a specified juvenile
violation did not occur, or that there is not probable cause to
believe that the juvenile committed the violation, but that there
is probable cause to believe that some other offense occurred and
that the juvenile committed that other offense, the magistrate
shall transfer the case to the family division of circuit court of
the county where the offense is alleged to have been committed.
(3) A transfer under subsection (2) does not prevent the
family division of circuit court from waiving jurisdiction over the
juvenile under section 4 of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.4.
(4) 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 department
of health and human
services or a county juvenile agency.
(ii) A high-security facility operated by a private agency
under
contract with the family independence agency department of
health and human services 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).
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 Senate Bill No.____ or House Bill No. 5317 (request no.
02924'15) of the 98th Legislature is enacted into law.