SB-0319, As Passed Senate, October 24, 2013

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 section 32 to chapter IX.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IX

Sec. 32. (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

subsection to sentence a defendant described in subsection (1) to

imprisonment for life without the possibility of parole if the

defendant 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), 200i(e), 204(e),

207(e), 209(e), 210(e), 211a(f), 316, 436(2)(e), or 543f of the

Michigan penal code, 1931 PA 328, MCL 750.16, 750.18, 750.200i,

750.204, 750.207, 750.209, 750.210, 750.211a, 750.316, 750.436, and

750.543f.

for which the possibility of parole 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 under

subsection (2) 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 under subsection (2) 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 (2) within the time periods provided for in subsection

(3), 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 defendant be sentenced to

imprisonment for life without the possibility of parole, the

defendant 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 at

which MRE 1101 applies. At the hearing, the trial court shall

consider the factors listed in Miller v Alabama, ______ US ______;

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

criteria relevant to its decision, including the defendant'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 defendant to

imprisonment for life without the possibility of parole, the court

shall sentence the defendant 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.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

(a) Senate Bill No. 318.

(b) House Bill No. 4808.