Act No. 104

Public Acts of 2019

Approved by the Governor

October 31, 2019

Filed with the Secretary of State

October 31, 2019

EFFECTIVE DATE: October 1, 2021

 

 

 

 

 

 

 

 

 

state of michigan

100th Legislature

Regular session of 2019

Introduced by Reps. Love, LaGrand, Rendon, Filler, Wozniak, Guerra, Elder, Hauck and Brann

ENROLLED HOUSE BILL No. 4143

AN ACT to amend 1931 PA 328, entitled  An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,  by amending section 139 (MCL 750.139), as amended by 1998 PA 510.

The People of the State of Michigan enact:

Sec. 139. (1) Except as provided in subsection (2), a child under 18 years of age while under arrest, confinement, or conviction for a crime must not be placed in an apartment or cell of a prison or place of confinement with 1 or more adults who are under arrest, confinement, or conviction for a crime, be permitted to remain in any court room during the trial of adults, or be transported in a vehicle used to transport inmates with adults charged with or convicted of a crime.

(2) Subsection (1) does not apply to prisoners being transported to or from, or confined in a youth correctional facility operated by the department of corrections or a private vendor under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g.

(3) All cases involving the commitment or trial of children under 18 years of age for any crime or misdemeanor, before any court, must be heard and determined by the court at a suitable time, designated by the court, separate and apart from the trial of other criminal cases.

(4) A person who violates this section is guilty of a misdemeanor.

 

Enacting section 1. This amendatory act takes effect October 1, 2021.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:

(a) House Bill No. 4140.

(b) House Bill No. 4145.

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Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

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Governor