HOUSE BILL No. 4452

 

 

April 11, 2019, Introduced by Reps. Garrett, Whitsett, Byrd, Neeley, Yancey, Brenda Carter, Tyrone Carter, Robinson, Elder, Tate and Coleman and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 606 (MCL 600.606), as amended by 1996 PA 260.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 606. (1) The circuit court has jurisdiction to hear and

 

determine a specified juvenile violation if committed by a juvenile

 

14 years of age or older and less than 17 18 years of age.

 

     (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, Act No. 328 of

 

the Public Acts of 1931, being sections 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. of the Michigan Compiled

 

Laws.

     (b) A violation of section 84 or 110a(2) of Act No. 328 of the

 

Public Acts of 1931, being sections 750.84 and 750.110a of the

 

Michigan Compiled Laws, 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 Act No. 328 of the Public

 

Acts of 1931, being section 750.186a of the Michigan Compiled Laws,

 

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.

 

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

 

under contract with the family independence agency.

     (d) A violation of section 7401(2)(a)(i) or 7403(2)(a)(i) of

 

the public health code, Act No. 368 of the Public Acts of 1978,

 

being sections 333.7401 and 333.7403 of the Michigan Compiled

 

Laws.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. 4443 (request no.

 

H00306'19 *).