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MI HB4436

MI HB4436
Juveniles: other; presumption of admissibility for a juvenile's self-incriminating responses obtained through deceptive police practices; modify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds sec. 17e to ch. XIIA.


summary

Introduced
04/19/2023
In Committee
04/19/2023
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

102nd Legislature

Bill Summary

A bill to amend 1939 PA 288, entitled"Probate code of 1939,"by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2020 PA 389, and by adding section 17e to chapter XIIA.

AI Summary

This bill amends the Probate Code of 1939 to modify the presumption of admissibility for a juvenile's self-incriminating responses obtained through deceptive police practices. It establishes that a juvenile's self-incriminating response is presumed inadmissible as evidence if it was obtained while the juvenile was in custodial detention and a law enforcement officer knowingly engaged in deception. The presumption of inadmissibility can be overcome if the state shows by a preponderance of the evidence that the deception did not cause the response to be involuntary. This provision applies to self-incriminating responses of a juvenile made on or after January 1, 2025.

Committee Categories

Justice

Sponsors (19)

Last Action

Bill Electronically Reproduced 04/19/2023 (on 04/20/2023)

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