February 9, 2016, Introduced by Reps. Irwin, Robinson, Plawecki and Pagan and referred to the Committee on Criminal Justice.
A bill to amend 2013 PA 93, entitled
"Michigan indigent defense commission act,"
by amending section 3 (MCL 780.983).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Adult" means either of the following:
(i) An individual 17 years of age or older.
(ii) An individual less than 17 years of age at the time of
the commission of a felony if any of the following conditions
apply:
(A) During consideration of a petition filed under section 4
of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.4, to waive jurisdiction to try the individual as an adult and
upon granting a waiver of jurisdiction.
(B)
The 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repealed section 606 of the revised judicature act of 1961, 1961 PA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, the prosecuting attorney designates the case
under section 2d(1) of chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.2d, as a case in which the juvenile is to be
tried in the same manner as an adult.
(C) During consideration of a request by the prosecuting
attorney under section 2d(2) of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.2d, that the court designate the case
as a case in which the juvenile is to be tried in the same manner
as an adult.
(D)
The 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repealed section 606 of the revised judicature act of 1961, 1961 PA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, the prosecuting attorney authorizes the filing of
a complaint and warrant for a specified juvenile violation under
section 1f of chapter IV of the code of criminal procedure, 1927 PA
175, MCL 764.1f.
(b) "Effective assistance of counsel" or "effective
representation" means legal representation that is compliant with
standards established by the appellate courts of this state and the
United States supreme court.
(c) "Indigent" means meeting 1 or more of the conditions
described in section 11(3).
(d) "Indigent criminal defense services" means local legal
defense services provided to a defendant and to which both of the
following conditions apply:
(i) The defendant is being prosecuted or sentenced for a crime
for which an individual may be imprisoned upon conviction,
beginning with the defendant's initial appearance in court to
answer to the criminal charge.
(ii) The defendant is determined to be indigent under section
11(3).
(e) Indigent criminal defense services do not include services
authorized to be provided under the appellate defender act, 1978 PA
620, MCL 780.711 to 780.719.
(f) "Indigent criminal defense system" or "system" means
either of the following:
(i) The local unit of government that funds a trial court
combined with each and every trial court funded by the local unit
of government.
(ii) If a trial court is funded by more than 1 local unit of
government, those local units of government, collectively, combined
with each and every trial court funded by those local units of
government.
(g) "Local share" or "share" means an indigent criminal
defense system's average annual expenditure for indigent criminal
defense services in the 3 fiscal years immediately preceding the
creation of the MIDC under this act, excluding money reimbursed to
the system by individuals determined to be partially indigent.
(h) "MIDC" or "commission" means the Michigan indigent defense
commission created under section 5.
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.