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MI HB4174

MI HB4174
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
03/06/2025
In Committee
03/06/2025
Crossed Over
Passed
Dead

Introduced Session

103rd 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 modifies Michigan's juvenile justice laws to create a presumption that statements made by juveniles during interactions involving deceptive police practices are involuntary and inadmissible in court. Specifically, if a law enforcement officer, court official, or their agent knowingly uses deception during an interaction with a juvenile, any statement, admission, or confession made by the juvenile will be presumed involuntary and inadmissible as evidence. The bill defines "deception" broadly as knowingly using communication to convey false facts about evidence, misrepresent facts, or make unauthorized promises of leniency. However, the prosecution can overcome this presumption by proving by clear and convincing evidence that the statement was voluntary, not resulting from deception, and reliable. The bill also adds a new definition of "deception" to the existing juvenile justice statute and introduces provisions that would protect juveniles from potentially coercive interrogation tactics. The changes will take effect on January 1, 2027, and will apply to self-incriminating responses made on or after that date, indicating a forward-looking approach to protecting juveniles' legal rights during interactions with law enforcement.

Committee Categories

Justice

Sponsors (10)

Last Action

Bill Electronically Reproduced 03/06/2025 (on 03/11/2025)

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