Signed by Governor Rick Snyder

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that amends the sentencing procedure for certain juvenile offenders.

Highlights:

• Authorizes a prosecuting attorney to file a motion to sentence a juvenile defendant to life in prison without the possibility of parole if the defendant is convicted of any but not limited to one of the following violations (Sec. 25):
• The defendant is found guilty of using purposefully mislabeled drugs with the intent to kill or cause the serious impairment of 2 of more individuals and the violation results in a death;
• The defendant is found guilty of knowingly and premeditatedly committing an act of terrorism; or 
• The defendant is found guilty of first degree murder. 

• Specifies that this bill applies to a criminal defendant who was under the age of 18 when the crime was committed and if any of the following circumstances exists (Sec. 25):
• The defendant is convicted of the offense on or after the amendatory act;
• The defendant was convicted of the offense before the amendatory act and any of the following applies:
• The case is still pending in trial court;
• The time period for direct appeal has not expired; and
• The time period for direct appeal had not expired on June 25, 2012.

• Specifies that a maximum life term is not to be less than 60 years and a minimum life term is to be between 25 and 40 years in the event a court decides not to sentence a juvenile defendant to life in prison without the possibility of parole (Sec. 25).

• Specifies that if the State Supreme Court or the United States Supreme Court finds “Miller vs. Alabama” applicable retroactively the prosecuting attorney must complete the following procedures (Sec. 25A):
• The prosecuting attorney must provide a list of names within 30 days to the chief circuit judge of all the defendants who are subject to resentencing; and  
• The prosecuting attorney must file motions for resentencing within 180 days. 

• Authorizes a juvenile defendant facing resentencing to receive credit for time already served but prohibits him or her from receiving any other credits that reduce their minimum or maximum sentence (Sec. 25A). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the sentencing procedure for certain juvenile offenders.

Highlights:

• Authorizes a prosecuting attorney to file a motion to sentence a juvenile defendant to life in prison without the possibility of parole if the defendant is convicted of any but not limited to one of the following violations (Sec. 25):
• The defendant is found guilty of using purposefully mislabeled drugs with the intent to kill or cause the serious impairment of 2 of more individuals and the violation results in a death;
• The defendant is found guilty of knowingly and premeditatedly committing an act of terrorism; or 
• The defendant is found guilty of first degree murder. 

• Specifies that this bill applies to a criminal defendant who was under the age of 18 when the crime was committed and if any of the following circumstances exists (Sec. 25):
• The defendant is convicted of the offense on or after the amendatory act;
• The defendant was convicted of the offense before the amendatory act and any of the following applies:
• The case is still pending in trial court;
• The time period for direct appeal has not expired; and
• The time period for direct appeal had not expired on June 25, 2012.

• Specifies that a maximum life term is not to be less than 60 years and a minimum life term is to be between 25 and 40 years in the event a court decides not to sentence a juvenile defendant to life in prison without the possibility of parole (Sec. 25).

• Specifies that if the State Supreme Court or the United States Supreme Court finds “Miller vs. Alabama” applicable retroactively the prosecuting attorney must complete the following procedures (Sec. 25A):
• The prosecuting attorney must provide a list of names within 30 days to the chief circuit judge of all the defendants who are subject to resentencing; and  
• The prosecuting attorney must file motions for resentencing within 180 days. 

• Authorizes a juvenile defendant facing resentencing to receive credit for time already served but prohibits him or her from receiving any other credits that reduce their minimum or maximum sentence (Sec. 25A). 

Full Bill Text