HB-4135, As Passed House, March 12, 2015

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4135

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 12 of chapter II (MCL 762.12), as amended by

 

1994 PA 286.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER II

 

     Sec. 12. (1) The Subject to subsection (2), the court of

 

record having jurisdiction over the criminal offense referred to in

 

section 11 of this chapter may, at any time, terminate its

 

consideration of the individual as a youthful trainee or, once

 

having assigned the individual to the status of a youthful trainee,

 

may at its discretion revoke that status any time before the

 

individual's final release.

 

     (2) If the court assigns an individual to youthful trainee

 

House Bill No. 4135 as amended March 11, 2015

status, the court shall revoke that status if the individual pleads

 

guilty to or is convicted of any of the following during the period

 

of consideration or assignment:

 

     (a) A felony for which the maximum penalty is imprisonment for

 

life.

 

     (b) A major controlled substance offense.

 

     (c) A violation, attempted violation, or conspiracy to violate

 

section 82, 84, 88, 110a, 224f, 226, 227, 227a, 227b, 520b, 520c,

 

520d, 520e, 529a, or 530 of the Michigan penal code, 1931 PA 328,

 

MCL 750.82, 750.84, 750.88, 750.110a, 750.224f, 750.226, 750.227,

 

750.227a, 750.227b, 750.520b, 750.520c, 750.520d, 750.520e,

 

750.529a, and 750.530, other than section 520d(1)(a) or 520e(1)(a)

 

of the Michigan penal code, 1931 PA 328, MCL 750.520d and 750.520e.

 

     (d) A violation, attempted violation, or conspiracy to violate

 

section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g,

 

with the intent to commit a violation of section 520b, 520c, 520d,

 

or 520e of the Michigan penal code, 1931 PA 328, MCL 750.520b,

 

750.520c, 750.520d, and 750.520e, other than section 520d(1)(a) or

 

520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d

 

and 750.520e.

[(e) A firearm offense. As used in this subdivision, "firearm offense" means a crime involving a firearm as that term is defined in section 1 of 1927 PA 372, MCL 28.421, whether or not the possession, use, transportation, or concealment of a firearm is an element of the crime.]

     (3) If an individual who is required to be registered pursuant

 

to under the sex offenders registration act, 1994 PA 295, MCL

 

28.721 to 28.736, willfully violates that act, the court shall

 

revoke the individual's status as a youthful trainee. Upon

 

termination of consideration or revocation of status as a youthful

 

trainee, the court may enter an adjudication of guilt and proceed

 

as provided by law. If the status of youthful trainee is revoked,

 

an adjudication of guilt is entered, and a sentence is imposed, the

 

court in imposing sentence shall specifically grant credit against

 

the sentence for time served as a youthful trainee in an

 

institutional facility of the department of corrections or in a

 

county jail.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.