HOUSE BILL No. 6381


     September 24, 2002, Introduced by Rep. Meyer and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1939 PA 288, entitled

   "Probate code of 1939,"

   (MCL 701.1 to 712A.32) by adding section 17e to chapter XIIA.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                   CHAPTER XIIA

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             SEC. 17E.  (1) IN A PROCEEDING UNDER SECTION 2(A) OF THIS

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        CHAPTER, THE QUESTION OF WHETHER A JUVENILE IS COMPETENT TO STAND

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        TRIAL SHALL BE DETERMINED UNDER THE PROVISIONS OF SECTIONS 1020

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        TO 1044 OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.2020 TO

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        330.2044.

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             (2) IF A JUVENILE RAISES A DEFENSE OF INSANITY IN A PROCEED-

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        ING UNDER SECTION 2(A) OF THIS CHAPTER, THE ISSUE OF THE

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        JUVENILE'S SANITY SHALL BE DETERMINED ACCORDING TO THE PROVISIONS

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        OF SECTION 1050 OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL

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        330.2050, AND SECTIONS 20A, 21, 21A, AND 36 OF CHAPTER VIII OF


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        THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 768.20A, 768.21,

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        768.21A, AND 768.36.

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             (3) IF A JUVENILE RAISES A DEFENSE OF ALIBI IN A PROCEEDING

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        UNDER SECTION 2(A) OF THIS CHAPTER, THE DEFENSE SHALL BE RAISED

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        ACCORDING TO THE PROVISIONS OF SECTIONS 20 AND 21 OF CHAPTER VIII

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        OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 768.20 AND

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        768.21.

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             Enacting section 1.  This amendatory act does not take

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        effect unless all of the following bills of the 91st Legislature

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        are enacted into law:

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             (a) Senate Bill No. _____ or House Bill No. 6382 (request

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        no. 07065'02).

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             (b) Senate Bill No. _____ or House Bill No. 6383 (request

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        no. 07066'02).





























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