HOUSE BILL NO. 6345
A bill to amend 2013 PA 93, entitled
"Michigan indigent defense commission act,"
by amending the title and sections 3, 5, 7, 9, 11, 13, 15, 17, 21, and 23 (MCL 780.983, 780.985, 780.987, 780.989, 780.991, 780.993, 780.995, 780.997, 780.1001, and 780.1003), section 3 as amended by 2019 PA 108, sections 5, 9, 11, 13, 15, and 17 as amended by 2018 PA 214, and section 7 as amended by 2018 PA 443.
the people of the state of michigan enact:
An act to create the Michigan indigent defense commission and to provide for its powers and duties; to provide certain indigent defendants in criminal cases individuals with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants.
(a) "Adult" means either of the following:
(i) An individual 18 years of age or older.
(ii) An individual less than 18 years of age at the time of the commission of a felony if any of the following conditions apply:
(A) During consideration of a petition filed under section 4 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.4, to waive jurisdiction to try the individual as an adult and upon granting a waiver of jurisdiction.
(B) The prosecuting attorney designates the case under section 2d(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d, as a case in which the juvenile is to be tried in the same manner as an adult.
(C) During consideration of a request by the prosecuting attorney under section 2d(2) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d, that the court designate the case as a case in which the juvenile is to be tried in the same manner as an adult.
(D) The prosecuting attorney authorizes the filing of a complaint and warrant for a specified juvenile violation under section 1f of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.1f.
(b) "Consumer Price Index" means the annual United States Consumer Price Index for all urban consumers as defined and reported by the United States Department of Labor, Bureau of Labor Statistics.
(c) "Department" means the department of licensing and regulatory affairs.
(d) "Effective assistance of counsel" or "effective representation" means legal representation that is compliant with standards established by the appellate courts of this state and the United States Supreme Court.
(e) "Indigent" means meeting 1 or more of the conditions described in section 11(3).11.
(f) "Indigent criminal defense services" means local legal defense services provided to a defendant an adult and to which both of the following conditions apply:
(i) The defendant adult is being prosecuted or sentenced for a crime for which an individual may be imprisoned upon conviction, beginning with the defendant's adult's initial appearance in court to answer to the criminal charge.
(ii) The defendant adult is determined to be indigent under section 11(3).11.
(g) Indigent criminal defense services do not include services authorized to be provided under the appellate defender act, 1978 PA 620, MCL 780.711 to 780.719.
(g) "Indigent defense services" means indigent criminal defense services or indigent juvenile defense services, or both. Indigent defense services do not include services authorized to be provided under the appellate defender act, 1978 PA 620, MCL 780.711 to 780.719.
(h) "Indigent criminal defense system" or "system" means either of the following:
(i) The local unit of government that funds a trial court.
(ii) If a trial court is funded by more than 1 local unit of government, those local units of government, collectively.
(i) "Indigent juvenile defense services" means local legal defense services provided to a juvenile to which both of the following conditions apply:
(i) The juvenile is the subject of delinquency proceedings.
(ii) The juvenile is determined to be indigent under section 11.
(j) "Juvenile" means, except as otherwise provided in subdivision (a), an individual who is less than 18 years of age who is the subject of a delinquency petition.
(k) (i) "Local share" or "share", before the effective date of the amendatory act that added subdivision (j), means an indigent criminal defense system's average annual ex