SB-0319, As Passed Senate, February 12, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 319

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding sections 25 and 25a to chapter IX.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IX

Sec. 25. (1) This section applies to a criminal defendant who

was less than 18 years of age at the time he or she committed an

offense described in subsection (2) if either of the following

circumstances exists:

(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 and

either of the following applies:

(i) The case is still pending in the trial court or the

applicable time periods for direct appellate review by state or

federal courts have not expired.

(ii) On June 25, 2012 the case was pending in the trial court

or the applicable time periods for direct appellate review by state

or federal courts had not expired.

(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.

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 within 21 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 within 90 days after the effective date of

the amendatory act that added this section. The motion shall

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 (9).

(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 within 14 days

after receiving notice of the motion.

(6) 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, 576 US_____;

183 L Ed 2d 407; 132 S Ct 2455 (2012), and may consider any other

criteria relevant to its decision, including the individual's

record while incarcerated.

(7) At the hearing under subsection (6), 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.

(8) Each victim shall 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.

(9) If the court decides not to sentence the individual to

imprisonment for life without parole eligibility, the court shall

sentence the individual to a term of imprisonment for which the

maximum term shall be not less than 60 years and the minimum term

shall be not less than 25 years or more than 40 years.

(10) A defendant who is sentenced under this section shall be

given credit for time already served but shall not receive any good

time credits, special good time credits, disciplinary credits, or

any other credits that reduce the defendant's minimum or maximum

sentence.

Sec. 25a. (1) Except as otherwise provided in subsections (2)

and (3), the procedures set forth in section 25 of this chapter do

not apply to any case that is final for purposes of appeal on or

before June 24, 2012. A case is final for purposes of appeal under

this section if any of the following apply:

(a) The time for filing an appeal in the state court of

appeals has expired.

(b) The application for leave to appeal is filed in the state

supreme court and is denied or a timely filed motion for rehearing

is denied.

after the court renders its decision or after a timely filed motion

for rehearing is denied.

(2) If the state supreme court or the United States supreme

court finds that the decision of the United States supreme court in

Miller v Alabama, 576 US ___; 183 L Ed 2d 407; 132 S Ct 2455

(2012), applies retroactively to all defendants who were under the

age of 18 at the time of their crimes, and that decision is final

for appellate purposes, the determination of whether a sentence of

imprisonment for a violation set forth in section 25(2) of this

chapter shall be imprisonment for life without parole eligibility

or a term of years as set forth in section 25(9) of this chapter

shall be made by the sentencing judge or his or her successor as

provided in this section. For purposes of this subsection, a

decision of the state supreme court is final when either the United

States supreme court denies a petition for certiorari challenging

the decision or the time for filing that petition passes without a

petition being filed.

(3) If the state supreme court or the United States supreme

court finds that the decision of the United States supreme court in

Miller v Alabama, 576 US ___; 183 L Ed 2d 407; 132 S Ct 2455

(2012), applies retroactively to all defendants who were convicted

of felony murder under section 316(1)(b) of the Michigan penal

code, 1931 PA 328, MCL 750.316, and who were under the age of 18 at

the time of their crimes, and that the decision is final for

appellate purposes, the determination of whether a sentence of

imprisonment shall be imprisonment for life without parole

eligibility or a term of years as set forth in section 25(9) of

this chapter shall be made by the sentencing judge or his or her

successor as provided in this section. For purposes of this

subsection, a decision of the state supreme court is final when

either the United States supreme court denies a petition for

certiorari challenging the decision with regard to the retroactive

application of Miller v Alabama, 576 US___; 183 L Ed 2d 407; 132 S

Ct 2455 (2012), to defendants who committed felony murder and who

were under the age of 18 at the time of their crimes, or when the

time for filing that petition passes without a petition being

filed.

(4) The following procedures apply to cases described in

subsections (2) and (3):

(a) Within 30 days after the date the supreme court's decision

becomes final, the prosecuting attorney shall provide a list of

names to the chief circuit judge of that county of all defendants

who are subject to the jurisdiction of that court and who must be

resentenced under that decision.

(b) Within 180 days after the date the supreme court's

decision becomes final, the prosecuting attorney shall file motions

for resentencing in all cases in which the prosecuting attorney

will be requesting the court to impose a sentence of imprisonment

for life without the possibility of parole. A hearing on the motion

shall be conducted as provided in section 25 of this chapter.

subdivision (b), the court shall sentence the individual to a term

of imprisonment for which the maximum term shall be 60 years and

the minimum term shall be not less than 25 years or more than 40

years. Each victim shall be afforded the right under section 15 of

Senate Bill No. 319 (H-3) as amended February 4, 2014

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 resentencing of the defendant under this

subdivision.

(5) Resentencing hearings under subsection (4) shall be held

in the following order of priority:

(a) Cases involving defendants who have served 20 or more

years of imprisonment shall be held first.

(b) Cases in which the prosecuting attorney has filed a motion

requesting a sentence of imprisonment for life without the

possibility of parole shall be held after cases described in

subdivision (a) are held.

(b) shall be held after the cases described in subdivisions (a) and

(b) are held.

(6) A defendant who is resentenced under subsection (4) shall

be given credit for time already served, but shall not receive any

good time credits, special good time credits, disciplinary credits,

or any other credits that reduce the defendant's minimum or maximum

sentence.

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