2011 Senate Bill 246 / 2012 Public Act 541

Establish juvenile criminal trial competency procedures

Introduced in the Senate

March 9, 2011

Introduced by Sen. Tonya Schuitmaker (R-20)

To require a prosecuting attorney to provide to the attorney for a juvenile accused of a crime all information related to the defendant’s competency, and require the prosecutor and juvenile's attorney to give to the examiner in a competency hearing any relevant information; establish a presumption that a juvenile age 10 or older is competent to be tried for a criminal offence, unless a relevant party raises the issue; and establish required standards for examiners in the hearings to determine competency in criminal prosecutions of juveniles required under certain circumstances.

Referred to the Committee on Judiciary

May 30, 2012

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

June 5, 2012

Substitute offered

The substitute passed by voice vote

June 6, 2012

Passed in the Senate 38 to 0 (details)

Received in the House

June 7, 2012

Referred to the Committee on Judiciary

Sept. 13, 2012

Reported without amendment

With the recommendation that the bill be referred to the Committee on Families, Children, and Seniors.

Referred to the Committee on Families, Children and Seniors

Nov. 27, 2012

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Nov. 29, 2012

Substitute offered

The substitute passed by voice vote

Amendment offered by Rep. Ellen Lipton (D-27)

To require courts to keep records on how many competency evaluations are requested after the bill becomes law, report these figures to the state court administrator, and require the Department of Community Health to record the number of juveniles ordered by courts to receive mental health services.

The amendment passed by voice vote

Dec. 6, 2012

Passed in the House 69 to 39 (details)

To require a prosecuting attorney to provide to the attorney for a juvenile accused of a crime all information related to the defendant’s competency, and require the prosecutor and juvenile's attorney to give to the examiner in a competency hearing any relevant information; establish a presumption that a juvenile age 10 or older is competent to be tried for a criminal offence, unless a relevant party raises the issue; and establish required standards for examiners in the hearings to determine competency in criminal prosecutions of juveniles required under certain circumstances.

Received in the Senate

Dec. 11, 2012

Dec. 12, 2012

Passed in the Senate 36 to 0 (details)

Signed by Gov. Rick Snyder

Dec. 31, 2012