September 29, 2009, Introduced by Reps. Crawford, Haase, Segal, Lipton, Bauer, Byrnes, Liss and Kowall 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 18q to chapter XIIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 18q. (1) Not later than 30 days after a report is filed
under section 18p of this chapter, the court shall hold a hearing to
determine if a juvenile is competent to proceed. At the hearing, the
parties may introduce other evidence regarding the juvenile's mental
condition or may submit the matter by written stipulation based on
the filed report.
(2) Upon a finding by the court that a juvenile is incompetent
to proceed or a finding that there is a substantial probability that
the juvenile will remain incompetent to proceed for the foreseeable
future or within the period of the restoration order, the court shall
dismiss the charges against the juvenile and may determine custody of
the juvenile.
(3) The qualified examiner appointed by the court to determine
the juvenile's mental condition shall be allowed reasonable fees for
services rendered. The court shall determine who shall pay the cost
of the competency evaluation ordered by the court.
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. 5484(request no.
04139'09).