Bill Text: MI SB1147 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Juveniles: criminal procedure; juvenile judicial proceedings; require to be closed to the public. Amends sec. 17, ch. XIIA of 1939 PA 288 (MCL 712A.17).
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-09-24 - Referred To Committee On Judiciary And Public Safety [SB1147 Detail]
Download: Michigan-2019-SB1147-Introduced.html
SENATE BILL NO. 1147
September 24, 2020, Introduced by Senators
IRWIN, POLEHANKI, GEISS and BAYER and referred to the Committee on
Judiciary and Public Safety.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 17 of chapter XIIA (MCL 712A.17), as amended by 1998 PA 474.
the people of the state of michigan enact:
Sec. 17. (1) The
court may conduct a hearing other than a criminal hearing in an informal
manner. The court shall require stenographic notes or another transcript to be
taken of the hearing. The court shall adjourn a hearing or grant a continuance
regarding a case under section 2(b) of this chapter only for good cause with
factual findings on the record and not solely upon stipulation of counsel or
for the convenience of a party. In addition to a factual finding of good cause,
the court shall not adjourn the hearing or grant a continuance unless 1 of the
following is also true:
(a) The motion for the adjournment or continuance is made in
writing not less than 14 days before the hearing.
(b) The court grants the adjournment or continuance upon its
own motion after taking into consideration the child's best interests. An
adjournment or continuance granted under this subdivision shall must
not last more than 28 days unless the court states on the record
the specific reasons why a longer adjournment or continuance is necessary.
(2) Except as otherwise provided in this subsection, in a
hearing other than a criminal trial under this chapter, a person interested in
the hearing may demand a jury of 6 individuals, or the court, on its own
motion, may order a jury of 6 individuals to try the case. In a proceeding
under section 2(h) of this chapter, a jury shall
must not be demanded or ordered
on a supplemental petition alleging a violation of a personal protection order.
In a criminal trial, a jury may be demanded as provided by law. The jury shall must
be summoned and impaneled in accordance with chapter 13 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1300 to 600.1376, and, in
the case of a criminal trial, as provided in chapter VIII of the code of
criminal procedure, 1927 PA 175, MCL 768.1 to 768.36.768.37.
(3) A parent, guardian, or other custodian of a juvenile held
under this chapter has the right to give bond or other security for the
appearance of the juvenile at the hearing of the case.
(4) The prosecuting attorney shall appear for the people when
requested by the court, and in a proceeding under section 2(a)(1) of this
chapter, the prosecuting attorney shall appear if the proceeding requires a
hearing and the taking of testimony.
(5) In a proceeding under section 2(b) of this chapter, upon
request of the family independence agency department or an agent of the family independence agency department under contract with the family independence agency, department, the prosecuting attorney shall serve as a
legal consultant to the family independence agency department or its agent at all stages of the
proceeding. If in a proceeding under section 2(b) of this chapter the
prosecuting attorney does not appear on behalf of the family
independence agency department or
its agent, the family independence agency department may contract with an attorney of its
choice for legal representation.
(6) A member of a local foster care review board established
under 1984 PA 422, MCL 722.131 to 722.139a, shall
must be admitted to a hearing
under subsection (1).
(7)
Upon motion of a party or a victim, the court may close the hearing of a case
brought under this chapter to members of the general public during the
testimony of a juvenile witness or the victim if the court finds that closing
the hearing is necessary to protect the welfare of the juvenile witness or the
victim. In determining whether closing the hearing is necessary to protect the
welfare of the juvenile witness or the victim, the court shall consider the
following:
(a)
The age of the juvenile witness or the victim.
(b)
The nature of the proceeding.
(c)
The desire of the juvenile witness, of the witness's family or guardian, or of
the victim to have the testimony taken in a room closed to the public.
(7) (8) As used in subsection (7), "juvenile witness" does not include a juvenile against whom a proceeding is brought under section 2(a)(1) of this chapter.Except as provided in this subsection, the court shall admit individuals with party status to and exclude the general public from the hearing of a case brought under this chapter. An individual without party status may petition the court in writing for admittance to the hearing. The court may admit an individual without party status to the hearing if the court finds that he or she has a proper interest in the case or in the work of the court. As used in this subsection, "party status" means an individual who is a party, party's counsel, party's parent or guardian, witness, or an individual who accompanies a party for his or her assistance.
