Bill Text: MI HB5487 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Juveniles; criminal procedure; juvenile competency and evaluation; clarify. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 18n to ch. XIIA. TIE BAR WITH: HB 5484'09, HB 5485'09, HB 5486'09, HB 5488'09, HB 5489'09

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2010-06-09 - Referred To Second Reading [HB5487 Detail]

Download: Michigan-2009-HB5487-Introduced.html

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HOUSE BILL No. 5487

 

September 29, 2009, Introduced by Reps. Byrnes, Haase, Segal, Lipton, Bauer, Crawford, Liss and Kowall and referred to the Committee on Judiciary.

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

(MCL 710.21 to 712A.32) by adding section 18n to chapter XIIA.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER XIIA

 

     Sec. 18n. (1) A juvenile 10 years of age or older is presumed

 

competent to proceed unless the issue of competency is raised by a

 

party. A juvenile less than 10 years of age is presumed incompetent

 

to proceed.

 

     (2) The court may order, or a juvenile, the juvenile's

 

attorney, or the prosecuting attorney may request, a competency

 

evaluation to determine whether the juvenile is incompetent to

 

proceed if the juvenile is being charged as a juvenile in the court.

 

The issue of the juvenile's competency may be raised by the court

 

before which the proceedings are pending or being held, or by motion

 

of a party, at any time during the proceeding.

 

     (3) At the time an issue of the juvenile's competency is

 

raised, the delinquency proceeding shall temporarily cease until

 

determination is made on the competence of the juvenile according to

 

this act.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 5485(request no.

 

04134'09).

 

     (b) Senate Bill No. ____ or House Bill No. 5488(request no.

 

04136'09).

 

     (c) Senate Bill No. ____ or House Bill No. 5489(request no.

 

04137'09).

 

     (d) Senate Bill No. ____ or House Bill No. 5486(request no.

 

04138'09).

 

     (e) Senate Bill No. ____ or House Bill No. 5484(request no.

 

04139'09).