Bill Text: MI SB1383 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; sentencing; procedures for determining whether juvenile convicted of murder should be sentenced to imprisonment without parole eligibility; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 32 & 33 to ch. IX. TIE BAR WITH: SB 1382'12
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-11-27 - Referred To Committee On Insurance [SB1383 Detail]
Download: Michigan-2011-SB1383-Introduced.html
SENATE BILL No. 1383
November 27, 2012, Introduced by Senators JONES, KAHN and ROBERTSON and referred to the Committee on Insurance.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding sections 32 and 33 to chapter IX.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 32. (1) Beginning January 1, 2014, if a defendant is
convicted of violating section 316 of the Michigan penal code, 1931
PA 328, MCL 750.316, and the defendant was under 18 years of age at
the time he or she committed the violation, the prosecuting
attorney may file a motion with the court requesting that the
defendant be sentenced to imprisonment for life without the
possibility of parole. The prosecuting attorney shall file the
motion within 14 days after the defendant is convicted of the
violation. The motion shall specify the grounds on which the
prosecuting attorney is requesting the court to impose a sentence
of imprisonment for life without the possibility of parole. If the
prosecuting attorney fails to file the motion within the 14-day
period, the court shall sentence the defendant to imprisonment for
life with parole eligibility after the defendant has served 45
years of that term of imprisonment.
(2) If the prosecuting attorney files a motion under
subsection (1) requesting that the defendant be sentenced to
imprisonment for life without parole eligibility, the defendant
shall file a response to the prosecution's motion within 14 days
after receiving notice of the motion. The response shall specify
the basis on which the defendant believes the proper sentence
should be imprisonment for life with parole eligibility after the
defendant has served 45 years of that term of imprisonment.
(3) If the prosecuting attorney files a motion under
subsection (1), the court shall conduct a hearing on the motion. At
the hearing, the trial court shall consider the aggravating and
mitigating factors set forth in this section.
(4) Aggravating factors for consideration by the court under
subsection (3) include, but are not limited to, all of the
following:
(a) The defendant committed the murder by intentionally
killing the victim while committing or attempting to commit any of
the crimes listed in section 316 of the Michigan penal code, 1931
PA 328, MCL 750.316.
(b) The defendant committed the murder by the unlawful
detonation of an explosive with the intent to injure any person or
to damage property.
(c) The defendant committed the murder by lying in wait.
(d) The defendant was hired to kill any individual.
(e) The defendant hired another person to kill any individual.
(f) The victim of the violation was a corrections employee,
probation officer, parole officer, community corrections worker,
home detention officer, juvenile court official, fire fighter,
judge, prosecutor, or law enforcement officer, and either of the
following applies:
(i) The victim was acting in the course of his or her duty.
(ii) The violation was motivated by an act the victim performed
while acting in the course of his or her duty.
(g) The defendant was previously convicted of another murder.
(h) The defendant, at any other time, committed another murder
regardless of whether the defendant has been convicted of that
murder.
(i) Any of the following applied at the time the violation was
committed:
(i) The defendant was in the custody of the department of
corrections or a county sheriff.
(ii) The defendant was on probation or parole.
(iii) The defendant was under the jurisdiction of the court
under chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.1 to 712A.32.
(j) The defendant dismembered the victim.
(k) The defendant tortured the victim or burned or mutilated
the victim while he or she was alive.
(l) The victim was under 13 years of age when the violation was
committed.
(m) The defendant committed any of the following violations
against the victim during the course of the violation:
(i) A felony violation of chapter XI of the Michigan penal
code, 1931 PA 328, MCL 750.81 to 750.90h.
(ii) A violation of chapter L of the Michigan penal code, 1931
PA 328, MCL 750.349 to 750.350a.
(iii) Criminal sexual conduct or assault with intent to commit
criminal sexual conduct in violation of section 520b, 520c, 520d,
520e, or 520g of the Michigan penal code, 1931 PA 328, MCL
750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
(n) The victim was listed by the state or known by the
defendant to be a witness against the defendant and the murder was
committed to prevent the victim from testifying.
(o) The defendant committed the murder by intentionally
discharging a firearm into an inhabited dwelling or from a vehicle.
(p) The victim of the murder was pregnant or the defendant
believed or suspected that the victim of the murder was pregnant.
(q) Any other circumstances the court determines are
appropriate for its consideration.
(5) Mitigating factors for consideration by the court under
subsection (3) include, but are not limited to, all of the
following:
(a) The defendant has no significant history of prior criminal
conduct.
(b) The defendant was under the influence of extreme mental or
emotional disturbance when the murder was committed.
(c) The victim was a participant in or consented to the
defendant's conduct.
(d) The defendant was an accomplice in a murder committed by
another person and the defendant's participation was relatively
minor.
(e) The defendant acted under the substantial domination of
another person.
(f) The defendant's capacity to appreciate the criminality of
his or her conduct or to conform that conduct to the requirements
of law was substantially impaired as a result of mental illness or
mental retardation.
(g) The defendant's age, family circumstances, or mental
development substantially affected the defendant's ability to
appreciate the consequences of his or her actions.
(h) Any other circumstances the court determines are
appropriate for its consideration.
(6) The hearing under subsection (3) shall be considered a
sentencing hearing to which MRE 1101 applies. At the hearing the
court shall specify on the record the aggravating and mitigating
circumstances considered by the court and the court's reasons
supporting the sentence imposed. The court may consider evidence
presented at trial together with any new evidence presented at the
sentencing hearing.
(7) A defendant sentenced to imprisonment for life without
parole eligibility is not subject to section 34 of the corrections
code of 1953, 1953 PA 232, MCL 791.234, but is subject to section
44 of the corrections code of 1953, 1953 PA 232, MCL 791.244.
Sec. 33. (1) Except as otherwise provided in this section, the
procedures set forth in section 32 of this chapter do not apply to
any case that is final for purposes of appeal on or before June 24,
2012. A case is final for purposes of appeal under this section if
any of the following apply:
(a) The time for filing an appeal in the state court of
appeals has expired.
(b) The appeal is filed in the state court of appeals after
the time for filing an application for leave to appeal in the state
supreme court has expired.
(c) The application for leave to appeal is filed in the state
supreme court after the application for leave to appeal is denied
or after a timely filed motion for rehearing is denied.
(d) If the state supreme court has granted leave to appeal,
after the court renders its decision or after a timely filed motion
for rehearing is denied.
(2) If the state supreme court or the United States supreme
court finds that the decision of the United States supreme court in
Miller v Alabama, United States supreme court no. 10-9649, decided
June 25, 2012, applies retroactively to defendants who were under
the age of 18 at the time of their crimes and that the decision is
final for appellate purposes, the determination of whether a
sentence of imprisonment for life for a violation of section 316 of
the Michigan penal code, 1931 PA 328, MCL 750.316, shall be with or
without parole eligibility shall be made by the sentencing judge or
his or her successor as provided in section 32 of this chapter.
(3) If the United States supreme court's decision in Miller v
Alabama is held by the state supreme court or by the United States
supreme court to apply retroactively, the prosecuting attorney for
a county may file a motion to resentence any defendant who was
convicted in that county for a violation of section 316 of the
Michigan penal code, 1931 PA 328, MCL 750.316, whose sentence would
be subject to that decision.
(4) Any motion under subsection (3) shall be filed within 180
days after the effective date of the amendatory act that added this
section or within 60 days after a final determination by the state
supreme court or by the United States supreme court that the
decision in Miller v Alabama is to be applied retroactively,
whichever is later. If the prosecuting attorney for a county files
a motion under subsection (3), the court shall hold a hearing on
the motion to determine whether the defendant should be sentenced
or resentenced to imprisonment for life without parole eligibility
or with parole eligibility after the defendant has served 45 years
of that term of imprisonment. If the prosecuting attorney does not
file a motion under subsection (3) within the time set forth in
this subsection, the defendant is eligible for parole under section
34 of the corrections code of 1953, 1953 PA 232, MCL 791.234, after
he or she has served 45 years of his or her term of imprisonment.
(5) The requirements for sentencing a juvenile under section
32 of this chapter apply to resentencing a juvenile under this
section.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1382
of the 96th Legislature is enacted into law.
