thursday, february 10, 2022
Enacted & Pending Legislation & Adopted Court Rules, February 2022

Enacted Legislation

PA 118 of 2021 - Modify Jurisdiction over Juveniles (RTA)
Effective Date: 11/30/2021
Statute Cite: MCL 712A.3 and MCL 712A.5
What it does: The bill would amend the juvenile code as follows:
• Amends MCL 712A.3 to include a provision that for an offense occurring before October 1, 2021 that if during pendency of a criminal charge against an individual in any other that court it is ascertained that the individual was under the age of 17 at the time of the commission of the offense, the other court shall transfer the case without delay, together with all the papers, documents, and testimony connected with that case, to the family division of the circuit court of the county in which the other court is situated or in which the individual resides. For an offense occurring on or after October 1, 2021, if during the pendency of a criminal charge against an individual in any other court it is ascertained that the individual was under the age of 18 at the time of the commission of the offense, the other court shall transfer the case without delay, together with all the papers, documents, and testimony connected with that case, to the family division of the circuit court of the county in which the other court is situated or in which the individual resides.
• Amend 712A.5 to indicate that the court does not have jurisdiction over an individual after he or she attains 19 years of age, excepted as provided in section 2a of the code. Changes the term “juvenile “to “an individual”.


Pending Legislation


SB 0851'22 - Juvenile Sentencing
Last Action: 01/27/2022 – Introduced and Referred to Comte on Judiciary and Public Safety
Statute Cite: MCL 712A.18
What it does: This bill amends the probate code of 1939 to prohibit sentencing a juvenile to imprisonment for life without parole eligibility.


SB 0850-22 - Juvenile Sentencing
Last Action: 01/27/2022 – Introduced and Referred to Comte on Judiciary and Public Safety
Statute Cite: MCL 769.1, 769.1b, 769.25, and 769.25a
What it does: This bill amends section 1 and 1b, and repeals sections 25 and 25a of 1927 PA 175 to prohibit sentencing an individual convicted as a juvenile to imprisonment for life without parole eligibility.


SB 0849'22 - Parole for Juvenile Offenders
Last Action: 01/27/2022 – Introduced and Referred to Comte on Judiciary and Public Safety
Statute Cite: MCL 791.234
What it does: This bill amends section 34 of the 1953 PA 232 to provide for parole of certain juvenile offenders under certain circumstances.

SB 0848'22 - Juvenile Sentencing (Exclusion of Juvenile Offenders)
Last Action: 01/27/2022 – Introduced and Referred to Comte on Judiciary and Public Safety
Statute Cite: MCL 750.16 et seq.
What it does: This bill amends sections of the Michigan penal code to exclude application to juvenile offenders of penalties for certain crimes of imprisonment of life without parole eligibility.


SB 0825'22 - Elimination of Life Sentences for Juvenile Offenders
Last Action: 01/19/2022 – Introduced and Referred to Comte on Judiciary and Public Safety
Statute Cite: MCL 769.25 and 769.25a
What it does: This bill amends section 25 and repeals section 25a of the 1927 PA 175 to eliminate life sentences for juvenile offenders.
SB 0824'22 - Modification of Sentencing Guidelines for Juvenile Offenders
Last Action: 01/19/2022 – Introduced and Referred to Comte on Judiciary and Public Safety
Statute Cite: MCL 750.16 et seq.
What it does: This bill amends section 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436, and 543f of the Michigan Penal Code to modify the sentencing guidelines regarding life sentences for juvenile offenders.


HB-5681'21 - Remote Victim Impact Statements
Last Action: 01/18/2022 – Introduced and Referred to Comte on Judiciary
Statute Cite: MCL 780.765 et seq.
What it does: This bill amends sections 15, 43, & 75 of 1985 PA 87 and allows victim impact statements to be made remotely.


HB-5680'21 - Public Video Recordings of Court Proceedings
Last Action: 01/018/2022 – Introduced and Referred to Comte on Judiciary
Statute Cite: MCL 780.758 et seq.
What it does: This bill amends sections 8, 38, & 68 of 1985 PA 87 and allows the victims’ face to be blurred in certain public video recordings of court proceedings.


Adopted Court Rules/Administrative Orders


ADM File No. 2021-47 - Amendment of MCR 3.950 - Sight and Sound
Issued: 12/29/2021 – Adopted and Published for Comment
Comment Period Expires: 04/01/2022
• In response to a request from the ACLU, MCR 3.950 is amended to make the rule consistent with MCL 764.27a by requiring juvenile offenders who are waived into the adult criminal justice system under MCL 712A.4 to be kept separate and apart from adult prisoners.


ADM 2017-28 - Amendment of MCR 1.109 (Persons Authorized to Have Access to DOB)
Issued: 12/06/2021- Adopted and Published for Comment
Comment Period Expires: 04/01/2022
• Establishes a process for individuals to be authorized to have access to a party’s date of birth for purposes of verification of identity with that party’s consent.

ADM File No. 2020-26 - Amendments of MCR 1.109 and 8.119
*ADM File No. 2020-26 - Amendment of MCR 1.109 and 8.119 (extension order)
Issued: 12/06/2021
Effective: 04/01/2022
*The extension of the effective date of this order is intended to allow for additional programming changes and other changes required by trial courts and court users to implement the rule changes.
• The amendments of MCR 1.109 and 8.119 allow SCAO flexibility in protecting an individual’s person identifying information and clarify when a court is and is not required to redact protected personal identifying information.


ADM File No. 2021-12 - Amendments of MCR 2.117, 3.708, 3.951, 6.005, 6.104, 6.445, 6.610, 6.625, 6.905, 6.907, 6.937, and 6.938 - Appointment of Counsel for Indigent Defendants
Issued: 09/22/2021
Effective: 01/01/2022
• The amendments shift the responsibility for appointment of counsel for an indigent defendant in a criminal proceeding to the local funding unit’s appointing authority. The proposal was submitted by the Michigan Indigent Defense Commission, and intended to implement recently-approved Standard Five of the MIDC Standards.


ADM File No. 2021-14 - Mandatory Submission of Case Data to the Judicial Data Warehouse
Issued: 09/23/2021
Effective: 01/01/2022
• Makes it mandatory for all courts to submit case information to the Judicial Data Warehouse in a uniform manner as required by SCAO.



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