HOUSE BILL NO. 4506
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 25b to chapter IX.
the people of the state of michigan enact:
Sec. 25b. (1) This section applies to a criminal defendant who was more than 18 years of age but less than 21 years of age at the time the criminal defendant committed an offense described in subsection (2) if either of the following apply:
(a) The defendant is convicted of the offense on or after the effective date of the amendatory act that added this section.
(b) The defendant was convicted of the offense before the effective date of the amendatory act that added this section.
(2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1) to imprisonment for life without the possibility of parole if the individual is or was convicted of any of the following violations:
(a) A violation of section 17764(7) of the public health code, 1978 PA 368, MCL 333.17764.
(b) A violation of section 16(5), 18(7), 316, 436(2)(e), or 543f of the Michigan penal code, 1931 PA 328, MCL 750.16, 750.18, 750.316, 750.436, and 750.543f.
(c) A violation of chapter XXXIII of the Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a.
(d) Any violation of law involving the death of another person for which parole eligibility is expressly denied under state law.
(3) If the prosecuting attorney intends to seek a sentence of imprisonment for life without the possibility of parole for a case described in subsection (1)(a), the prosecuting attorney shall file the motion not later than 42 days after the defendant is convicted of that violation. If the prosecuting attorney intends to seek a sentence of imprisonment for life without the possibility of parole for a case described under subsection (1)(b), the prosecuting attorney shall file the motion not later than 360 days after the effective date of the amendatory act that added this section. The motion must specify the grounds on which the prosecuting attorney is requesting the court to impose a sentence of imprisonment for life without the possibility of parole.
(4) If the prosecuting attorney does not file a motion under subsection (3) within the time periods provided for in that subsection, the court shall sentence the defendant to a term of years as provided in subsection (10).
(5) If the prosecuting attorney files a motion under subsection (2) requesting that the individual be sentenced to imprisonment for life without parole eligibility, the individual shall file a response to the prosecution's motion not later than 14 days after receiving notice of the motion.
(6) The sentencing judge or the judge's successor shall determine whether a sentence of imprisonment will be imprisonment for life without parole eligibility or a term of years as provided under subsection (10).
(7) If the prosecuting attorney files a motion under subsection (2), the court shall conduct a hearing on the motion as part of the sentencing process. At the hearing, the trial court shall consider the factors listed in Miller v Alabama, 567 US 460;132 S Ct 2455; 183 L Ed 2d 407 (2012), and may consider any other criteria relevant to the court's decision, including the defendant's record while incarcerated.
(8) At the hearing under subsection (7), the court shall specify on the record the aggravating and mitigating circumstances considered by the court and the court's reasons supporting the sentence imposed. The court may consider evidence presented at trial together with any evidence presented at the sentencing hearing.
(9) Each victim must be afforded the right under section 15 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.765, to appear before the court and make an oral impact statement at any sentencing or resentencing of the defendant under this section.
(10) If the court decides not to sentence the individual to imprisonment for life without parole eligibility, both of the following apply:
(a) The court shall sentence the individual to a term of imprisonment for which the maximum term must be not less than 80 years and the minimum term must be not less than 35 years or more than 50 years.
(b) The sentence imposed for an offense described in subsection (2) must be served consecutively to each of the sentences imposed for an offense arising from the same transaction or occurrence.
(11) Resentencing hearings under this section must be held in the following order of priority:
(a) Cases involving defendants who have served 25 or more years of imprisonment must be heard first.
(b) Cases in which the prosecuting attorney has filed a motion requesting a sentence of imprisonment for life without the possibility of parole must be heard after cases described in subdivision (a).
(c) All other cases not described under subdivision (a) or (b) must be heard after the cases described under subdivision (a) or (b).
(12) A defendant who is resentenced under this section must be given credit for time already served.