PUBLIC ACT 262 of 1996 (H.B. 4490)
 
   Section 1. Sections 4 and 21 of chapter XIIA of Act No. 288 of the Public 
Acts of 1939, section 4 as amended by Act No. 182 of the Public Acts of 1988 and 
section 21 as amended by Act No. 73 of the Public Acts of 1989, being sections 
712A.4 and 712A.21 of the Michigan Compiled Laws, are amended to read as 
follows: 
  
                                CHAPTER XIIA 
 
   Sec. 4. (1) If a juvenile 14 years of age or older is accused of an act that  
if committed by an adult would be a felony, the probate judge of the county in 
which the offense is alleged to have been committed may waive jurisdiction under 
this section upon motion of the prosecuting attorney. After waiver, the juvenile 
may be tried in the court having general criminal jurisdiction of the offense. 
                                                                
 
                                                                                 
   (2) Before conducting a hearing on the motion to waive jurisdiction, the 
court shall give notice of the hearing in the manner provided by supreme court 
rule to the juvenile and the prosecuting attorney and, if addresses are known, 
to the juvenile's parents or guardians. The notice shall state clearly that a 
waiver of jurisdiction to a court of general criminal jurisdiction has been 
requested and that, if granted, the juvenile can be prosecuted for the alleged 
offense as though he or she were an adult. 
 
   (3) Before the court waives jurisdiction, the court shall determine on the 
record if there is probable cause to believe that an offense has been committed  
that if committed by an adult would be a felony and if there is probable cause 
to believe that the juvenile committed the offense. Before a juvenile may waive  
a probable cause hearing under this subsection, the court shall inform the 
juvenile that a waiver of this subsection waives the preliminary examination 
required by chapter VI of the code of criminal procedure, Act No. 175 of the 
Public Acts of 1927, being sections 766.1 to 766.18 of the Michigan Compiled 
Laws. 
 
   (4) Upon a showing of probable cause under subsection (3), the court shall 
conduct a hearing to determine if the best interests of the juvenile and the 
public would be served by granting a waiver of jurisdiction to the court of 
general criminal jurisdiction. In making its determination, the court shall 
                                                                
 
                                                                                 
consider all of the following criteria, giving greater weight to the seriousness 
of the alleged offense and the juvenile's prior record of delinquency than to 
the other criteria: 
 
   (a) The seriousness of the alleged offense in terms of community protection,  
including, but not limited to, the existence of any aggravating factors 
recognized by the sentencing guidelines, the use of a firearm or other dangerous 
weapon, and the impact on any victim. 
 
   (b) The culpability of the juvenile in committing the alleged offense, 
including, but not limited to, the level of the juvenile's participation in 
planning and carrying out the offense and the existence of any aggravating or 
mitigating factors recognized by the sentencing guidelines. 
 
   (c) The juvenile's prior record of delinquency including, but not limited to, 
any record of detention, any police record, any school record, or any other 
evidence indicating prior delinquent behavior. 
 
   (d) The juvenile's programming history, including, but not limited to, the 
juvenile's past willingness to participate meaningfully in available 
programming. 
                                                                
 
                                                                                 
   (e) The adequacy of the punishment or programming available in the juvenile 
justice system. 
 
   (f) The dispositional options available for the juvenile. 
 
   (5) If the court determines that there is probable cause to believe that an 
offense has been committed that if committed by an adult would be a felony and 
that the juvenile committed the offense, the court shall waive jurisdiction of 
the juvenile if the court finds that the juvenile has previously been subject to 
the jurisdiction of the circuit court under this section or section 606 of the 
revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being 
section 600.606 of the Michigan Compiled Laws, or the recorder's court of the 
city of Detroit under this section or section 10a (1) (c) of Act No. 369 of the  
Public Acts of 1919, being section 725.10a of the Michigan Compiled Laws. 
 
   (6) If legal counsel has not been retained or appointed to represent the 
juvenile, the court shall advise the juvenile and his or her parents, guardian,  
custodian, or guardian ad litem of the juvenile's right to representation and 
appoint legal counsel. If the court appoints legal counsel, the judge may assess 
the cost of providing legal counsel as costs against the juvenile or those 
responsible for his or her support, or both, if the persons to be assessed are 
financially able to comply. 
                                                                
 
                                                                                 
   (7) Legal counsel shall have access to records or reports provided and 
received by the judge as a basis for decision in proceedings for waiver of 
jurisdiction. A continuance shall be granted at legal counsel's request if any 
report, information, or recommendation not previously available is introduced or 
developed at the hearing and the interests of justice require a continuance. 
 
   (8) The court shall enter a written order either granting or denying the 
motion to waive jurisdiction and the court shall state on the record or in a 
written opinion the court's findings of fact and conclusions of law forming the  
basis for entering the order. If a juvenile is waived, a transcript of the 
court's findings or a copy of the written opinion shall be sent to the court of  
general criminal jurisdiction. 
 
   (9) If the court does not waive jurisdiction, a transcript of the court's 
findings or, if a written opinion is prepared, a copy of the written opinion 
shall be sent to the prosecuting attorney, juvenile, or juvenile's attorney upon 
request. 
 
   (10) If the court waives jurisdiction, the juvenile shall be arraigned on an  
information filed by the prosecutor in the court of general criminal 
jurisdiction. The probable cause finding under subsection (3) satisfies the 
requirements of, and is the equivalent of, the preliminary examination 
                                                                
 
                                                                                 
required by chapter VI of Act No. 175 of the Public Acts of 1927. 
 
   (11) As used in this section, "felony" means an offense punishable by 
imprisonment for more than 1 year or an offense designated by law as a felony. 
 
   Sec. 21. (1) At any time while the juvenile is under the jurisdiction of the  
court, an interested person may file a petition in writing and under oath for a  
rehearing upon all matters coming within the provisions of this chapter. Upon 
the rehearing, the court may affirm, modify, or set aside any order reviewed 
under this section. If parental rights have been terminated by an order entered  
in the proceedings and custody of the juvenile has been removed from the 
parents, guardian, or other person, the petition for rehearing shall be filed 
not later than 20 days after the date of entry of the order terminating parental 
rights. The petition shall set forth in detail the place, manner, and all other  
information requested by the court in reference to the proposed future custody 
of the juvenile. The rehearing shall be conducted in accordance with the 
provisions of this chapter relating to the conduct of original hearings. The 
court may enter an order for supplemental disposition while the juvenile remains 
under the court's jurisdiction. 
 
   (2) This section does not apply to a criminal proceeding under this chapter. 
                                                                
 
                                                                                 
   (3) As used in subsection (1), "interested person" includes a member of a 
local foster care review board established under Act No. 422 of the Public Acts  
of 1984, being sections 722.131 to 722.140 of the Michigan Compiled Laws, to 
which that juvenile's case has been assigned. 
 
   Section 2. This amendatory act applies to offenses committed on or after its  
effective date. 
 
   Section 3. This amendatory act shall take effect January 1, 1997. 
 
   Section 4. This amendatory act shall not take effect unless all of the 
following bills of the 88th Legislature are enacted into law: 
 
   (a) Senate Bill No. 281. 
 
   (b) Senate Bill No. 283. 
 
   (c) Senate Bill No. 682. 
 
   (d) Senate Bill No. 689. 
                                                                
 
                                                                                 
   (e) Senate Bill No. 699. 
 
   (f) Senate Bill No. 700. 
 
   (g) Senate Bill No. 724. 
 
   (h) Senate Bill No. 867. 
 
   (i) Senate Bill No. 870. 
 
   (j) House Bill No. 4037. 
 
   (k) House Bill No. 4038. 
 
   (l) House Bill No. 4044. 
 
   (m) House Bill No. 4371. 
 
   (n) House Bill No. 4445. 
 
   (o) House Bill No. 4486. 
                                                                
 
                                                                                 
   (p) House Bill No. 4487. 
 
   This act is ordered to take immediate effect.