Substitute For
SENATE BILL NO. 1049
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 11 of chapter II (MCL 762.11), as amended by 2019 PA 100.
the people of the state of michigan enact:
Sec. 11. (1) Except Until
October 1, 2021 and except as provided in subsections (2) (3)
and (3), (4), if an individual pleads guilty to a criminal
offense, committed on or after the individual's eighteenth
seventeenth birthday but before
his or her twenty-fourth birthday, the court of record having jurisdiction of
the criminal offense may, without entering a judgment of conviction and with
the consent of that individual, consider and assign that individual to the
status of youthful trainee. If the offense was committed on or after the
individual's twenty-first birthday but
before his or her twenty-fourth birthday,
the individual must not be assigned to youthful trainee status without the
consent of the prosecuting attorney.
(2) Subsection (1) does Beginning
October 1 2021, except as provided in subsections (3) and (4), if an individual
pleads guilty to a criminal offense, committed on or after the individual's
eighteenth birthday but before his or her twenty-sixth birthday, the court of
record having jurisdiction of the criminal offense may, without entering a
judgment of conviction and with the consent of that individual, consider and
assign that individual to the status of youthful trainee. If the offense was
committed on or after the individual's twenty-first birthday but before his or
her twenty-sixth birthday, the individual must not be assigned to youthful
trainee status without the consent of the prosecuting attorney. If a defendant
is charged with an offense listed under subsection (3) and the defendant pleads
guilty to any other offense or will be eligible for the status of youthful
trainee under subsection (4), the prosecutor shall consult with the victim
regarding the applicability of this section.
(3)
Subsections (1) and (2) do not apply to any of the following:
(a) A felony for which the maximum penalty is imprisonment
for life.
(b) A major controlled substance offense.
(c) A traffic offense.
(d) A violation, attempted violation, or conspiracy to
violate section 520b, 520c, 520d, or 520e of the Michigan penal code, 1931 PA
328, MCL 750.520b, 750.520c, 750.520d, and 750.520e, other than section
520d(1)(a) or 520e(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520d
and 750.520e.
(e) A violation, attempted violation, or conspiracy to
violate section 520g of the Michigan penal code, 1931 PA 328, MCL 750.520g,
with the intent to commit a violation of section 520b, 520c, 520d, or 520e of
the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, and
750.520e, other than section 520d(1)(a) or 520e(1)(a) of the Michigan penal
code, 1931 PA 328, MCL 750.520d and 750.520e.
(4)
(3) The court shall
not assign an individual to the status of youthful trainee if any of the
following apply:
(a) The individual was previously convicted of or adjudicated
for a listed offense for which registration is required under the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.736.
(b) If the individual is charged with a listed offense for
which registration is required under the sex offenders registration act, 1994
PA 295, MCL 28.721 to 28.736, the individual fails to carry the burden of
proving by clear and convincing evidence that he or she is not likely to engage
in further listed offenses.
(c) The court determines that the offense involved any of the
following:
(i) A factor set forth in
section 520b(1)(a) to (h) of the Michigan penal code, 1931 PA 328, MCL
750.520b.
(ii) A factor set forth in section 520c(1)(a) to (l) of the Michigan penal code, 1931 PA 328, MCL 750.520c.
(iii) A factor set forth in section 520d(1)(b) to (f) of the
Michigan penal code, 1931 PA 328, MCL 750.520d.
(iv) A factor set forth in section 520e(1)(b) to (g) of the
Michigan penal code, 1931 PA 328, MCL 750.520e.
(5) (4) If the
court assigns an individual to the status of youthful trainee under this
section, the court may require the individual to maintain employment or to
attend a high school, high school equivalency program, community college,
college, university, or trade school. If the individual is not employed or
attending a high school, community college, college, university, or trade
school, the individual may be required to actively seek employment or entry
into a high school, high school equivalency program, community college,
college, university, or trade school.
(6) (5) If the
offense for which the individual is assigned to the status of youthful trainee
status was committed on or after the individual's twenty-first birthday, the
individual may, in addition to the other requirements of this section, be
subject to electronic monitoring during his or her probationary term as
provided under section 3 of chapter XI.
(7) (6) As used in
this section:
(a) "Listed
offense" means that term as defined in section 2 of the sex offenders
registration act, 1994 PA 295, MCL 28.722.
(b) "Traffic
offense" means a violation of the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923, or a violation of a local ordinance substantially
corresponding to that act, that involves the operation of a vehicle and, at the
time of the violation, is a felony or a misdemeanor.