Bill Text: MI SB0100 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Juveniles: criminal procedure; age of offender for specified juvenile violation; modify in probate code of 1939. Amends sec. 2, ch. XIIA of 1939 PA 288 (MCL 712A.2). TIE BAR WITH: HB 4443'19, HB 4452'19
Spectrum: Bipartisan Bill
Status: (Passed) 2019-11-05 - Assigned Pa 0113'19 [SB0100 Detail]
Download: Michigan-2019-SB0100-Enrolled.html
state of michigan
100th Legislature
Regular session of 2019
Introduced by Senators
Lucido and Geiss
ENROLLED SENATE BILL No. 100
AN ACT to amend
1939 PA 288, entitled “An act to revise and consolidate the statutes relating
to certain aspects of the family division of circuit court, to the
jurisdiction, powers, and duties of the family division of circuit court and
its judges and other officers, to the change of name of adults and children,
and to the adoption of adults and children; to prescribe certain jurisdiction,
powers, and duties of the family division of circuit court and its judges and
other officers; to prescribe the manner and time within which certain actions
and proceedings may be brought in the family division of the circuit court; to
prescribe pleading, evidence, practice, and procedure in certain actions and
proceedings in the family division of circuit court; to provide for appeals
from certain actions in the family division of circuit court; to prescribe the
powers and duties of certain state departments, agencies, and officers; to
provide for certain immunity from liability; and to provide remedies and
penalties,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by
2018 PA 58.
The
People of the State of Michigan enact:
CHAPTER XIIA
Sec. 2. The court has the following authority
and jurisdiction:
(a) Exclusive
original jurisdiction superior to and regardless of the jurisdiction of another
court in proceedings concerning a juvenile under 18 years of age who is found
within the county if 1 or more of the following apply:
(1) Except as
otherwise provided in this sub-subdivision, the juvenile has violated any
municipal ordinance or law of the state or of the United States. If the court
enters into an agreement under section 2e of this chapter, the court has
jurisdiction over a juvenile who committed a civil infraction as provided in
that section. The court has jurisdiction over a juvenile 14 years of age or
older who is charged with a specified juvenile violation only if the
prosecuting attorney files a petition in the court instead of authorizing a
complaint and warrant. As used in this sub-subdivision, “specified juvenile
violation” means 1 or more 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
paragraph, “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 department or a
county juvenile agency.
(ii)
A high-security facility operated by a private agency under contract with the
department 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 paragraphs (A) to (D).
(F) Conspiracy to commit a
violation described in paragraphs (A) to (D).
(G) Solicitation to commit a
violation described in paragraphs (A) to (D).
(H) A lesser included offense
of a violation described in paragraphs (A) to (G) if the individual is charged
with a violation described in paragraphs (A) to (G).
(I) Another violation arising
out of the same transaction as a violation described in paragraphs (A) to (G)
if the individual is charged with a violation described in paragraphs (A) to
(G).
(2) The juvenile has deserted
his or her home without sufficient cause, and the court finds on the record
that the juvenile has been placed or refused alternative placement or the
juvenile and the juvenile’s parent, guardian, or custodian have exhausted or
refused family counseling.
(3) The juvenile is repeatedly
disobedient to the reasonable and lawful commands of his or her parents,
guardian, or custodian, and the court finds on the record by clear and
convincing evidence that court-accessed services are necessary.
(4) The juvenile willfully and
repeatedly absents himself or herself from school or other learning program
intended to meet the juvenile’s educational needs, or repeatedly violates rules
and regulations of the school or other learning program, and the court finds on
the record that the juvenile, the juvenile’s parent, guardian, or custodian,
and school officials or learning program personnel have met on the juvenile’s
educational problems and educational counseling and alternative agency help
have been sought. As used in this sub-subdivision only, “learning program”
means an organized educational program that is appropriate, given the age,
intelligence, ability, and psychological limitations of a juvenile, in the
subject areas of reading, spelling, mathematics, science, history, civics,
writing, and English grammar.
(b) Jurisdiction in proceedings
concerning a juvenile under 18 years of age found within the county:
(1) Whose parent or other
person legally responsible for the care and maintenance of the juvenile, when
able to do so, neglects or refuses to provide proper or necessary support,
education, medical, surgical, or other care necessary for his or her health or
morals, who is subject to a substantial risk of harm to his or her mental
well-being, who is abandoned by his or her parents, guardian, or other
custodian, or who is without proper custody or guardianship. As used in this
sub-subdivision:
(A) “Education” means learning
based on an organized educational program that is appropriate, given the age,
intelligence, ability, and psychological limitations of a juvenile, in the
subject areas of reading, spelling, mathematics, science, history, civics,
writing, and English grammar.
(B) “Neglect” means that term
as defined in section 2 of the child abuse and neglect prevention act, 1982 PA
250, MCL 722.602.
(C) “Without proper custody or
guardianship” does not mean a parent has placed the juvenile with another
person who is legally responsible for the care and maintenance of the juvenile
and who is able to and does provide the juvenile with proper care and
maintenance.
(2) Whose home or environment,
by reason of neglect, cruelty, drunkenness, criminality, or depravity on the
part of a parent, guardian, nonparent adult, or other custodian, is an unfit
place for the juvenile to live in. As used in this sub-subdivision, “neglect”
means that term as defined in section 2 of the child abuse and neglect
prevention act, 1982 PA 250, MCL 722.602.
(3) If the juvenile is
dependent and is in danger of substantial physical or psychological harm. The
juvenile may be found to be dependent when any of the following occurs:
(A) The juvenile is homeless or
not domiciled with a parent or other legally responsible person.
(B) The juvenile has repeatedly
run away from home and is beyond the control of a parent or other legally
responsible person.
(C) The juvenile is alleged to
have committed a commercial sexual activity as that term is defined in section 462a
of the Michigan penal code, 1931 PA 328, MCL 750.462a or a delinquent act that
is the result of force, fraud, coercion, or manipulation exercised by a parent
or other adult.
(D) The juvenile’s custodial
parent or legally responsible person has died or has become permanently
incapacitated and no appropriate parent or legally responsible person is
willing and able to provide care for the juvenile.
(4) Whose parent has
substantially failed, without good cause, to comply with a limited guardianship
placement plan described in section 5205 of the estates and protected
individuals code, 1998 PA 386, MCL 700.5205, regarding the juvenile.
(5) Whose parent has
substantially failed, without good cause, to comply with a court-structured
plan described in section 5207 or 5209 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5207 and 700.5209, regarding the juvenile.
(6) If the juvenile has a
guardian under the estates and protected individuals code, 1998 PA 386, MCL
700.1101 to 700.8206, and the juvenile’s parent meets both of the following
criteria:
(A) The parent, having the
ability to support or assist in supporting the juvenile, has failed or
neglected, without good cause, to provide regular and substantial support for
the juvenile for 2 years or more before the filing of the petition or, if a
support order has been entered, has failed to substantially comply with the
order for 2 years or more before the filing of the petition. As used in this
sub-subdivision, “neglect” means that term as defined in section 2 of the child
abuse and neglect prevention act, 1982 PA 250, MCL 722.602.
(B) The parent, having the
ability to visit, contact, or communicate with the juvenile, has regularly and
substantially failed or neglected, without good cause, to do so for 2 years or
more before the filing of the petition. As used in this sub-subdivision,
“neglect” means that term as defined in section 2 of the child abuse and
neglect prevention act, 1982 PA 250, MCL 722.602.
If a petition is filed in the
court alleging that a juvenile is within the provisions of this subdivision and
the custody of that juvenile is subject to the prior or continuing order of
another court of record of this state, the manner of notice to the other court
of record and the authority of the court to proceed is governed by rule of the
supreme court.
(c) Jurisdiction over juveniles
under 18 years of age, jurisdiction of whom has been waived to the family
division of circuit court by a circuit court under a provision in a temporary
order for custody of juveniles based upon a complaint for divorce or upon a
motion related to a complaint for divorce by the prosecuting attorney, in a
divorce judgment dissolving a marriage between the juvenile’s parents, or by an
amended judgment relative to the juvenile’s custody in a divorce.
(d) If the court finds on the
record that voluntary services have been exhausted or refused, concurrent
jurisdiction in proceedings concerning a juvenile between the ages of 17 and 18
found within the county who is 1 or more of the following:
(1) Repeatedly addicted to the
use of drugs or the intemperate use of alcoholic liquors.
(2) Repeatedly associating with
criminal, dissolute, or disorderly persons.
(3) Found of his or her own
free will and knowledge in a house of prostitution, assignation, or ill-fame.
(4) Repeatedly associating with
thieves, prostitutes, pimps, or procurers.
(5) Willfully disobedient to
the reasonable and lawful commands of his or her parents, guardian, or other
custodian and in danger of becoming morally depraved.
If a juvenile is brought before
the court in a county other than that in which the juvenile resides, before a hearing
and with the consent of the judge of the court in the county of residence, the
court may enter an order transferring jurisdiction of the matter to the court
of the county of residence. Consent to transfer jurisdiction is not required if
the county of residence is a county juvenile agency and satisfactory proof of
residence is furnished to the court of the county of residence. The order does
not constitute a legal settlement in this state that is required for the
purpose of section 55 of the social welfare act, 1939 PA 280, MCL 400.55. The
order and a certified copy of the proceedings in the transferring court must be
delivered to the court of the county of residence. A case designated as a case
in which the juvenile must be tried in the same manner as an adult under
section 2d of this chapter may be transferred for venue or for juvenile
disposition, but must not be transferred on grounds of residency. If the case
is not transferred, the court having jurisdiction of the offense shall try the
case.
(e) Authority to establish or
assist in developing a program or programs within the county to prevent
delinquency and provide services to act upon reports submitted to the court
related to the behavior of a juvenile who does not require formal court
jurisdiction but otherwise falls within subdivision (a). These services must be
used only if the juvenile and his or her parents, guardian, or custodian
voluntarily accepts them.
(f) If the court operates a detention home for juveniles within the
court’s jurisdiction under subdivision (a)(1), authority to place a juvenile within that
home pending trial if the juvenile is within the circuit court’s jurisdiction
under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL
600.606, and if the circuit court orders the family division of circuit court
in the same county to place the juvenile in that home. The family division of
circuit court shall comply with that order.
(g) Authority to
place a juvenile in a county jail under section 27a of chapter IV of the code
of criminal procedure, 1927 PA 175, MCL 764.27a, if the court designates the
case under section 2d of this chapter as a case in which the juvenile is to be
tried in the same manner as an adult and the court determines there is probable
cause to believe that the offense was committed and probable cause to believe
the juvenile committed that offense.
(h) Jurisdiction
over a proceeding under section 2950 or 2950a of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950 and 600.2950a, in which a minor less than 18
years of age is the respondent, or a proceeding to enforce a valid foreign
protection order issued against a respondent who is a minor less than 18 years
of age. A personal protection order must not be issued against a respondent who
is a minor less than 10 years of age. Venue for an initial action under section
2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950
and 600.2950a, is proper in the county of residence of either the petitioner or
respondent. If the respondent does not live in this state, venue for the
initial action is proper in the petitioner’s county of residence.
(i) In a
proceeding under this chapter concerning a juvenile’s care and supervision, the
court may issue orders affecting a party as necessary. This subdivision does
not apply after May 1, 2018. As used in this subdivision, “party” means 1 of
the following:
(i) In a delinquency proceeding, the petitioner
and juvenile.
(ii) In a child protective proceeding, the
petitioner, department, child, respondent, parent, guardian, or legal
custodian, and any licensed child caring institution or child placing agency
under contract with the department to provide for a juvenile’s care and
supervision.
Enacting section 1. This amendatory act takes
effect October 1, 2021.
Enacting section 2. This amendatory act does
not take effect unless all of the following bills of the 100th Legislature
are enacted into law:
(b) House
Bill No. 4452.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor