Gov. Rick Snyder has signed legislation amending the sentencing procedures for juvenile defendants, bringing Michigan in line with national standards.
The bill, sponsored by state Sen. Rick Jones, establishes a revised sentencing process for pending and future cases involving juvenile defendants.
A juvenile convicted of first degree murder, felony murder or a repeat offender in certain sexual assault cases, can no longer automatically be sentenced to life without the possibility of parole.
“These changes will ensure Michiganders of all ages receive a fair trial while aligning our state justice system with federal law,” Snyder said.
The legislation is consistent with the 2012 U.S. Supreme Court ruling in Miller v. Alabama allowing a prosecuting attorney to request a life sentence without parole while subsequently creating a default sentence of a minimum of 25 to 40 years and a maximum of 60.
The prosecutor must file the request within 21 days of conviction. After reviewing the request, if the court does not issue a sentence of life without parole the juvenile will be subject to the default sentence.
Another bill, sponsored by state Rep. Margaret O’Brien, amends the Penal Code to allow for the exceptions to the automatic sentence of life without parole rule in cases concerning juvenile defendants.
The governor also signed the following four bills last week:
• HB 5005, sponsored by state Rep. Andrea LaFontaine, which allows businesses and local governments to create waste diversion centers for collecting and disposing of expired or unused pharmaceuticals and other household hazardous wastes.
Pharmaceuticals flushed down toilets pass through wastewater plants and go into rivers, lakes and streams. This change will help promote more local collection events and keep pharmaceuticals out of the environment.
• SB 263, sponsored by state Sen. Bruce Caswell, simplifies the process for selling or leasing state-owned rail property. Removal of pre-existing mandates improves rail companies’ abilities to conduct business and preserve rail lines.
• SB 463, also sponsored by Caswell, allows historic military vehicles to operate on Michigan roads without displaying a license plate. The vehicle must be properly registered and the plate must be in the vehicle available for review by a law enforcement official. It is now PA 26.
• SB 553, sponsored by state Sen. Roger Kahn, allows a previously established Renaissance Zone that has already received a seven-year extension of its duration to receive an additional eight-year extension. The combined zone extensions cannot exceed a total of 15 years and apply only to a county with a population between 190,000 and 240,000.
––––––––––––––––––––
Subscribe to the Legal News!
http://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
