2011 House Bill 4555 / 2012 Public Act 540

Establish juvenile competency procedures

Introduced in the House

April 14, 2011

Introduced by Rep. Ellen Lipton (D-27)

To establish statutory definitions, procedures, presumptions, standards and other details related to juvenile competency in criminal trials and other legal matters involving juveniles. Among other things, the bill would 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 protocols for determining competency.

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-3) 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 revise a provision giving a court the power to order inpatient mental health care to a juvenile deemed to be "unable to be restored" to mental health, by adding the qualification, "subject to the availability" of such care.

The amendment passed by voice vote

Dec. 5, 2012

Passed in the House 106 to 0 (details)

Received in the Senate

Dec. 5, 2012

Referred to the Committee of the Whole

Dec. 12, 2012

Passed in the Senate 38 to 0 (details)

To establish statutory definitions, procedures, presumptions, standards and other details related to juvenile competency in criminal trials and other legal matters involving juveniles. Among other things, the bill would 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 protocols for determining competency.

Signed by Gov. Rick Snyder

Dec. 27, 2012