SB-0092, As Passed Senate, April 24, 2019

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 92

 

 

 

 

 

 

 

 

 

 

 

     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

 

2015 PA 31.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER II

 

     Sec. 11. (1) Except as provided in subsections (2) and (3), if

 

an individual pleads guilty to a criminal offense, committed on or

 

after the individual's seventeenth eighteenth 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 shall must not be assigned to youthful trainee


status without the consent of the prosecuting attorney.

 

     (2) Subsection (1) does 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.

 

     (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 (e) (f) of

 

the Michigan penal code, 1931 PA 328, MCL 750.520d.

 

     (iv) A factor set forth in section 520e(1)(b) to (f) (g) of

 

the Michigan penal code, 1931 PA 328, MCL 750.520e.

 

     (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.

 

     (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.

 

     (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.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2021.