BillCam

SENATE BILL No. 100

February 7, 2019, Introduced by Senator RUNESTAD and referred to the Committee on Judiciary and Public Safety.

A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending sections 2 and 2d of chapter XIIA (MCL 712A.2 and

712A.2d), section 2 as amended by 2018 PA 58 and section 2d as

amended by 1998 PA 478.

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 17 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, or 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, and 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).

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.

paragraphs paragraph (A) to (D).or (B).

(D) (F) Conspiracy to commit a violation described in

paragraphs paragraph (A) to (D).or (B).

(E) (G) Solicitation to commit a violation described in

paragraphs paragraph (A) to (D).or (B).

(F) (H) A lesser included offense of a violation described in

paragraphs (A) to (G) (E) if the individual is charged with a

violation described in paragraphs (A) to (G).(E).

(G) (I) Another violation arising out of the same transaction

as a violation described in paragraphs (A) to (G) (E) if the

individual is charged with a violation described in paragraphs (A)

to (G).(E).

(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.

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.

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 (b)(1), (2), (3), (4),

(5), or (6) 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.

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 shall must be delivered to the court of the

county of residence. A case designated as a case in which the

juvenile shall 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 shall 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 shall 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 shall 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.

Sec. 2d. (1) In a petition or amended petition alleging that a

juvenile is within the court's jurisdiction under section 2(a)(1)

of this chapter for a specified juvenile violation, the prosecuting

attorney may designate the case as a case in which the juvenile is

to be tried in the same manner as an adult. An amended petition

making a designation under this subsection shall must be filed only

by leave of the court.

(2) In a petition alleging that a juvenile is within the

court's jurisdiction under section 2(a)(1) of this chapter for an

offense other than a specified juvenile violation, the prosecuting

attorney may request that the court designate the case as a case in

which the juvenile is to be tried in the same manner as an adult.

The court may designate the case following a hearing if it

determines that the best interests of the juvenile and the public

would be served by the juvenile being tried in the same manner as

an adult. In determining whether the best interests of the juvenile

and the public would be served, the court shall consider all of the

following factors, giving greater weight to the seriousness of the

alleged offense and the juvenile's prior delinquency record than to

the other factors:

(a) The seriousness of the alleged offense in terms of

community protection, including, but not limited to, the existence

of any aggravating factors recognized by the sentencing guidelines,

the use of a firearm or other dangerous weapon, and the impact on

any victim.

(b) The juvenile's culpability in committing the alleged

offense, including, but not limited to, the level of the juvenile's

participation in planning and carrying out the offense and the

existence of any aggravating or mitigating factors recognized by

the sentencing guidelines.

not limited to, any record of detention, any police record, any

school record, or any other evidence indicating prior delinquent

behavior.

(d) The juvenile's programming history, including, but not

limited to, the juvenile's past willingness to participate

meaningfully in available programming.

(e) The adequacy of the punishment or programming available in

the juvenile justice system.

(f) The dispositional options available for the juvenile.

(3) If a case is designated under this section, the case shall

must be set for trial in the same manner as the trial of an adult

in a court of general criminal jurisdiction unless a probable cause

hearing is required under subsection (4).

(4) If the petition in a case designated under this section

alleges an offense that if committed by an adult would be a felony

or punishable by imprisonment for more than 1 year, the court shall

conduct a probable cause hearing not later than 14 days after the

case is designated to determine whether there is probable cause to

believe the offense was committed and whether there is probable

cause to believe the juvenile committed the offense. This hearing

may be combined with the designation hearing under subsection (2)

for an offense other than a specified juvenile offense. A probable

cause hearing under this section is the equivalent of the

preliminary examination in a court of general criminal jurisdiction

and satisfies the requirement for that hearing. A probable cause

hearing shall must be conducted by a judge other than the judge who

will try the case if the juvenile is tried in the same manner as an

adult.

(5) If the court determines there is probable cause to believe

the offense alleged in the petition was committed and probable

cause to believe the juvenile committed the offense, the case shall

must be set for trial in the same manner as the trial of an adult

in a court of general criminal jurisdiction.

(6) If the court determines that an offense did not occur or

there is not probable cause to believe the juvenile committed the

offense, the court shall dismiss the petition. If the court

determines there is probable cause to believe another offense was

committed and there is probable cause to believe the juvenile

committed that offense, the court may further determine whether the

case should be designated as a case in which the juvenile should be

tried in the same manner as an adult as provided in subsection (2).

If the court designates the case, the case shall must be set for

trial in the same manner as the trial of an adult in a court of

general criminal jurisdiction.

(7) If a case is designated under this section, the

proceedings are criminal proceedings and shall must afford all

procedural protections and guarantees to which the juvenile would

be entitled if being tried for the offense in a court of general

criminal jurisdiction. A plea of guilty or nolo contendere or a

verdict of guilty shall must result in entry of a judgment of

conviction. The conviction shall must have the same effect and

liabilities as if it had been obtained in a court of general

criminal jurisdiction.

(8) Following a judgment of conviction, the court shall enter

a disposition or impose a sentence authorized under section

18(1)(n) 18(1)(m) of this chapter.

(9) 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, or 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, and 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).

1931 PA 328, MCL 750.186a, regarding escape or attempted escape

from a juvenile facility, but only if the juvenile facility from

which the juvenile 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.

subdivisions subdivision (a) to (d).or (b).

(d) (f) Conspiracy to commit a violation described in

subdivisions subdivision (a) to (d).or (b).

(e) (g) Solicitation to commit a violation described in

subdivisions subdivision (a) to (d).or (b).

(f) (h) Any lesser included offense of an offense described in

subdivisions (a) to (g) (e) if the juvenile is alleged in the

petition to have committed an offense described in subdivisions (a)

to (g).(e).

(g) (i) Any other offense arising out of the same transaction

as an offense described in subdivisions (a) to (g) (e) if the

juvenile is alleged in the petition to have committed an offense

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

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

00306'19).

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

00306'19 a).