HOUSE BILL No. 4443

 

 

April 10, 2019, Introduced by Rep. Hoitenga and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 1f of chapter IV (MCL 764.1f), as amended by

 

1998 PA 520.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER IV

 

     Sec. 1f. (1) If the prosecuting attorney has reason to believe

 

that a juvenile 14 years of age or older but less than 17 18 years

 

of age has committed a specified juvenile violation, the

 

prosecuting attorney may authorize the filing of a complaint and

 

warrant on the charge with a magistrate concerning the juvenile.

 

     (2) As used in this section, "specified juvenile violation"

 

means any 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 subdivision,

 

"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 family independence agency or a county juvenile agency.

 

     (ii) A high-security facility operated by a private agency

 

under contract with the family independence agency 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 subdivisions

 

(a) to (d).

 

     (f) Conspiracy to commit a violation described in subdivisions

 

(a) to (d).

 

     (g) Solicitation to commit a violation described in

 

subdivisions (a) to (d).

 

     (h) Any lesser included offense of a violation described in

 

subdivisions (a) to (g) if the individual is charged with a

 

violation described in subdivisions (a) to (g).

 

     (i) Any other violation arising out of the same transaction as

 

a violation described in subdivisions (a) to (g) if the individual

 

is charged with a violation described in subdivisions (a) to (g).

 

     Enacting section 1. This amendatory act takes effect January

 

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:

 

     (a) House Bill No. 4141.

 

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

 

H00306'19 a *).