October 2019

We offer, on a continuing basis, summaries of recently signed, recently passed, and important proposed state legislation as a supplement to our annual survey.


Raise the Age of Adulthood for
Criminal Charges from 17 to 18

HBs 4133-4146, SBs 90-102 and other bills would amend various statutes to, among other things, raise the age at which a person can be charged for a crime as an adult from 17 to 18, define a juvenile as a person who is less than 18 years of age, increase the maximum age of juvenile court jurisdiction from 17 to 18, establish funding for 17-year-olds to access juvenile justice system services, prohibit the placement persons under 18 in adult jails and prisons, and create a Raise the Age Fund. The bills were presented to the Governor on October 21, 2019.   


Increase Penalty for
Disarming Law Enforcement Officer
Under Certain Conditions

HBs 4315 and 4316 would amend MCL 750.479b to add an enhanced penalty for disarming a law enforcement or corrections officer if violence is used or if the disarmament causes the officer to suffer a serious or aggravated injury and establish sentencing guidelines for the enhanced offense. The House passed the bill on October 2, 2019. 


Make Insanity Defense Applicable
to Misdemeanors

SB 534 would amend MCL 768.20a to expand the procedure for asserting an insanity offense to include misdemeanors. The bill was introduced in the Senate on September 24, 2019.

Admit Expert Testimony in
Domestic Violence Cases

HB 5106 would amend the Code of Criminal Procedure by adding section 27b to chapter VIII to allow admission of expert testimony in domestic violence cases, by the defense or the prosecution, regarding battering and its effects. The bill was introduced in the House on October 15, 2019.

Exempt Wrongful Imprisonment Claims
from Notice Requirements and SOL

HBs 5117 and 5118 would amend MCL 600.6431, MCL 600.6452, and MCL 691.1757 to extend the window during which certain individuals could apply for compensation under the Wrongful Imprisonment Compensation Act by exempting such claims from statutes of limitations and notice requirements for filing a claim against the state. The bills were introduced in the House on October 16, 2019. 

Provide Marijuana Offense
Expungement Procedure 

HB 5120 would amend MCL 780.621 to provide detailed procedures for expunging certain marijuana offenses, including violations of local ordinances. The bill was introduced in the House on October 16, 2019. 

by John Zevalking
Associate Editor