HOUSE BILL No. 4959

 

October 7, 2015, Introduced by Reps. Heise, Santana, Chang, Kosowski, Webber, Byrd, Robinson, Geiss, Banks, Gay-Dagnogo, Greig, Yanez, Darany, Forlini, Lucido, Howrylak, LaVoy, Durhal, Rutledge, Irwin, Hovey-Wright, Plawecki, Moss, Love, Callton and Zemke and referred to the Committee on Criminal Justice.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 139 (MCL 750.139), as amended by 1998 PA 510.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 139. (1) Except as provided in subsection (2), a A child

 

under 16 18 years of age while under arrest, confinement, or

 

conviction for any a crime , shall not be placed in any an

 

apartment or cell of any a prison or place of confinement with any

 

adult 1 or more adults who is are under arrest, confinement, or

 

conviction for any a crime, or be permitted to remain in any court

 

room a courtroom during the trial of adults, or be transported in

 

any a vehicle of transportation in company used to transport

 

inmates with adults charged with or convicted of a crime.


     (2) Subsection (1) does not apply to prisoners being

 

transported to or from, or confined in a youth correctional

 

facility operated by the department of corrections or a private

 

vendor under section 20g of 1953 PA 232, MCL 791.220g.

 

     (2) (3) All cases involving the commitment or trial of

 

children under 16 18 years of age for any crime or misdemeanor,

 

before any court, shall be heard and determined by the court at a

 

suitable time, to be designated by it, designated by the court,

 

separate and apart from the trial of other criminal cases.

 

     (3) (4) Any A person who violates this section is guilty of a

 

misdemeanor.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 98th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4957 (request no.

 

03219'15).

 

     (b) Senate Bill No.____ or House Bill No. 4958 (request no.

 

03364'15).