Bill Text: MI HB4137 | 2019-2020 | 100th Legislature | Engrossed

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Bill Title: Criminal procedure: indigent defense; definition of adult in Michigan indigent defense commission act; modify. Amends sec. 3 of 2013 PA 93 (MCL 780.983).

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-12-10 - Reassigned To Committee On Judiciary And Public Safety [HB4137 Detail]

Download: Michigan-2019-HB4137-Engrossed.html

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HB-4137, As Passed House, April 25, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4137

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2013 PA 93, entitled

 

"Michigan indigent defense commission act,"

 

by amending section 3 (MCL 780.983), as amended by 2018 PA 214.

 

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 18 years of age or older.

 

     (ii) An individual less than 17 18 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 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 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) "Consumer Price Index" means the annual United States

 

Consumer Price Index for all urban consumers as defined and

 

reported by the United States Department of Labor, Bureau of Labor

 

Statistics.

 

     (c) "Department" means the department of licensing and

 

regulatory affairs.

 

     (d) "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.

 

     (e) "Indigent" means meeting 1 or more of the conditions

 

described in section 11(3).

 

     (f) "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).

 

     (g) 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.

 

     (h) "Indigent criminal defense system" or "system" means

 

either of the following:

 

     (i) The local unit of government that funds a trial court.

 

     (ii) If a trial court is funded by more than 1 local unit of

 

government, those local units of government, collectively.

 

     (i) "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.

 

Beginning on November 1, 2018, if the Consumer Price Index has

 

increased since November 1 of the prior state fiscal year, the

 

local share must be adjusted by that number or by 3%, whichever is

 

less.

 

     (j) "MIDC" or "commission" means the Michigan indigent defense

 

commission created under section 5.

 

     (k) "Partially indigent" means a criminal defendant who is

unable to afford the complete cost of legal representation, but is

 

able to contribute a monetary amount toward his or her

 

representation.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2021.