HOUSE BILL No. 5337


     October 30, 1997, Introduced by Reps. Hale, Law, Leland and Kelly and referred to the Committee on Appropriations.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 186a (MCL 750.186a), as added by 1996 PA

   256.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 186a.  (1) An individual who is placed in a juvenile

 2    facility and who escapes or attempts to escape from that juvenile

 3    facility or from the custody of an employee of that juvenile

 4    facility is guilty of a felony punishable by imprisonment for not

 5    more than 4 years or a fine of not more than $2,000.00, or both.

 6         (2) As used in this section:

 7         (a) "Escape" means to leave without lawful authority or to

 8    fail to return to custody when required.

 9         (b) "Juvenile facility" means a county facility, an

10    institution operated as an agency of the county or the  juvenile 


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 1    FAMILY division of  the probate  CIRCUIT court, or  a state  AN

 2    institution or agency described in the youth rehabilitation serv-

 3    ices act,  Act No. 150 of the Public Acts of 1974, being sections

 4     803.301 to 803.309 of the Michigan Compiled Laws  1974 PA 150,

 5    MCL 803.301 TO 803.309, to which the individual has been commit-

 6    ted under section 18(1)(e) of chapter XIIA of  Act No. 288 of the

 7     Public Acts of 1939, being section 712A.18 of the Michigan

 8     Compiled Laws  1939 PA 288, MCL 712A.18, after coming within the

 9    COURT'S jurisdiction  of the juvenile division of the probate

10     court  under section 2(a)(1) of chapter XIIA of  Act No. 288 of

11     the Public Acts of 1939, being section 712A.2 of the Michigan

12     Compiled Laws  1939 PA 288, MCL 712A.2, for an offense that if

13    committed by an adult would be a felony or a misdemeanor or to

14    which the individual has been committed under section 27a of

15    chapter IV or section 1 of chapter IX of the code of criminal

16    procedure,  Act No. 175 of the Public Acts of 1927, being sec-

17     tions 764.27a and 769.1 of the Michigan Compiled Laws  1927 PA

18    175, MCL 764.27A AND 769.1.

19         Enacting section 1.  This amendatory act does not take

20    effect unless the United States department of health and human

21    services grants part 3 of the family independence agency's waiver

22    filed under the child welfare demonstration project to permit a

23    transfer of title IV-E funding from the state to 1 or more coun-

24    ties and the family independence agency files with the secretary

25    of state a certification that the necessary waiver was granted.







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 1         Enacting section 2.  This amendatory act does not take

 2    effect unless all of the following bills of the 89th Legislature

 3    are enacted into law:

 4         (a) Senate Bill No. _____ or House Bill No. _____ (request

 5    no. 03597'97 *).

 6         (b) Senate Bill No. _____ or House Bill No. _____ (request

 7    no. 03598'97 *).

 8         (c) Senate Bill No. _____ or House Bill No. _____ (request

 9    no. 03598'97 a *).

10         (d) Senate Bill No. _____ or House Bill No. _____ (request

11    no. 03598'97 b *).

12         (e) Senate Bill No. _____ or House Bill No. _____ (request

13    no. 03599'97 *).

14         (f) Senate Bill No. _____ or House Bill No. _____ (request

15    no. 03644'97 *).

16         (g) Senate Bill No. _____ or House Bill No. _____ (request

17    no. 03917'97 *).























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