September 29, 2009, Introduced by Reps. Segal, Haase, Lipton, Bauer, Byrnes, Crawford and Liss and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
(MCL 710.21 to 712A.32) by adding section 18r to chapter XIIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 18r. (1) The constitutional protections against self-
incrimination apply to all competency evaluations.
(2) Any evidence or statement obtained during a competency
evaluation is not admissible in any proceeding to determine the
juvenile's guilt or innocence unless the juvenile presents evidence
that is intended to rebut the presumption of criminal
responsibility.
(3) A statement that a juvenile makes during a competency
evaluation or evidence resulting from the statement concerning any
other event or transaction is not admissible in any proceeding to
determine the juvenile's guilt or innocence of any other charges that
are based on those events or transactions.
(4) A statement that the juvenile makes during a competency
evaluation may not be used for any purpose without the written
consent of the juvenile or the juvenile's guardian. The juvenile or
the juvenile's guardian must have an opportunity to consult with
his or her attorney before giving consent.
(5) After the case proceeds to adjudication or the juvenile is
found to be unable to regain competence, the court shall order all
of the reports that are submitted according to sections 18n to 18q
of this chapter to be sealed. The court may order that the reports
be opened only as follows:
(a) For further competency or criminal responsibility
evaluations.
(b) For statistical analysis.
(c) If the records are considered to be necessary to assist in
mental health treatment ordered according to the mental health
code, 1974 PA 258, MCL 330.1001 to 330.2106.
(d) For data gathering.
(e) For scientific study or other legitimate research.
(6) If the court orders reports to be open for the purposes of
statistical analysis, data gathering, or scientific study according
to subsection (5), the reports shall remain confidential.
(7) Any statement that a juvenile makes during a competency
evaluation, or any evidence resulting from that statement, is not
subject to disclosure.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5485(request no.
04134'09).
(b) Senate Bill No.____ or House Bill No. 5487(request no.
04135'09).
(c) Senate Bill No.____ or House Bill No. 5488(request no.
04136'09).
(d) Senate Bill No.____ or House Bill No. 5489(request no.
04137'09).
(e) Senate Bill No.____ or House Bill No. 5486(request no.
04138'09).