Bill Text: MI HB4664 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Juveniles; criminal procedure; definition of adult in Michigan indigent defense commission act; modify. Amends sec. 3 of 2013 PA 93 (MCL 780.983).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-11-28 - Referred To Second Reading [HB4664 Detail]
Download: Michigan-2017-HB4664-Introduced.html
HOUSE BILL No. 4664
May 30, 2017, Introduced by Reps. Afendoulis and Kosowski and referred to the Committee on Law and Justice.
A bill to amend 2013 PA 93, entitled
"Michigan indigent defense commission act,"
by amending section 3 (MCL 780.983), as amended by 2016 PA 439.
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) "Department" means the department of licensing and
regulatory affairs.
(c) "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.Supreme
Court.
(d) "Indigent" means meeting 1 or more of the conditions
described in section 11(3).
(e) "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).
(f) 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.
(g) "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.
(h) "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.
(i) "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.
