FAMILY CT. JURISDICTION; JUVENILES S.B. 100:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 100 (as introduced 2-7-19)
Committee: Judiciary and Public Safety
CONTENT
The bill would amend the juvenile code to do the following:
-- Grant a family court exclusive original jurisdiction over a juvenile under 18, instead of 17, years of age.
-- Delete bank robbery, escape from a juvenile facility, and certain drug violations from the definition of "specified juvenile violation" (i.e., a particular crime for which a juvenile will be prosecuted as an adult, at the prosecuting attorney's discretion).
The bill would take effect on January 1, 2021.
Under the code, as a rule, the family court has exclusive original jurisdiction in proceedings concerning a juvenile under 17 years of age who has violated any municipal ordinance or State or Federal law. In the case of a juvenile who is at least 14 years old and who is charged with a specified juvenile violation, however, the family court has jurisdiction only if the prosecuting attorney files a petition in the court instead of authorizing a complaint and warrant.
Under the bill, family court jurisdiction would apply in the case of a juvenile under the age of 18, rather than 17.
Under the code, "specified juvenile violation" includes the following, in addition to a number of other offenses:
-- Robbery of any building, bank, safe, or other depository of money, bond, or other valuables.
-- Escaping or attempting escape from a juvenile facility that is a high- or medium-security facility operated by the Department of Health and Human Services (DHHS) or a county juvenile agency, or a high-security facility operated by a private agency under contract with the DHHS or a county juvenile agency.
-- Manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver at least 1,000 grams of any mixture containing a Schedule 1 or 2 controlled substance that is a narcotic drug or cocaine.
-- Possessing at least 1,000 grams of any mixture containing a Schedule 1 or 2 controlled substance that is a narcotic drug or cocaine.
The bill would delete these crimes from the definition of "specified juvenile violation".
MCL 712A.2 & 712A.2d Legislative Analyst: Stephen Jackson
FISCAL IMPACT
The bill would have an indeterminate fiscal impact on the State and local courts. The impact would depend on how many cases would be heard in the Family Division of Circuit Court instead of a court for adult cases. Since juvenile proceedings typically require more time to adjudicate, there could be increased resource demands on the courts, depending on how many cases remained before the family court.
Fiscal Analyst: Michael Siracuse
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.