HB-4143, As Passed House, April 25, 2019

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4143

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 139 (MCL 750.139), as amended by 1998 PA 510.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 139. (1) Except as provided in subsection (2), a child

 

under 16 18 years of age while under arrest, confinement, or

 

conviction for any a crime, shall must not be placed in any an

 

apartment or cell of any a prison or place of confinement with any

 

adult 1 or more adults who is are under arrest, confinement, or

 

conviction for any a crime, or be permitted to remain in any court

 

room during the trial of adults, or be transported in any a vehicle

 

of transportation in company used to transport inmates with adults

 

charged with or convicted of a crime.

 

     (2) Subsection (1) does not apply to prisoners being

 

transported to or from, or confined in a youth correctional

 

facility operated by the department of corrections or a private

 

vendor under section 20g of the corrections code of 1953, 1953 PA

 

232, MCL 791.220g.

 

     (3) All cases involving the commitment or trial of children

 

under 16 18 years of age for any crime or misdemeanor, before any

 

court, shall must be heard and determined by the court at a

 

suitable time, to be designated by it, designated by the court,

 

separate and apart from the trial of other criminal cases.

 

     (4) Any A person who violates this section is guilty of a

 

misdemeanor.

 

     Enacting section 1. This amendatory act takes effect October

 

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. 4140.

 

     (b) House Bill No. 4145.