HomeMy WebLinkAboutResolutions - 1993.09.09 - 23953;
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MISCELLANEOUS RESOLUTION 93194
BY: Commissioner Kevin Miltner, District #5
IN RE: Support Senate Bill 279, Jurisdiction and Organization of
Probate Court
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS Senate Bill 279 has been introduced in the Michigan
Legislature and is currently before the Committee on Family Law,
Criminal Law and Corrections; and
WHEREAS Senate Bill 279 will, among other things, revise and
consolidate the statutes relating to certain aspects of the
organization and jurisdiction of the probate court of this state,
the powers and duties of such court, and prescribe the powers and
duties of the juvenile division of the probate court, and the
judges and other court officers thereof; and
WHEREAS Senate Bill 279 will make it lawful to try a child,
who is 14 years or older, in a court having general criminal
jurisdiction of the offense, if the act that the child is accused
of would be a felony if committed by an adult; and
WHEREAS the frequency of violent crimes being committed by
young children is cause for concern and must be considered a threat
to the health, safety and welfare of the general public; and
WHEREAS the provision of Senate Bill 279 which changes the age
from 15 to 14 for which a child may be tried as an adult may serve
to deter felony activity by 14 year old children and will
facilitate the removal of children who commit violent felony acts
from society; and
WHEREAS a provision of Senate Bill 279 provides the Probate
Court Judges with the authority to waive jurisdiction over
proceedings involving children aged 14 and up who are accused of
committing criminal acts that would be felonies if committed by an
adult, and that this provision would be enhanced if the local
prosecuting attorneys were provided with the authority to bring
such cases directly before the appropriate court having general
criminal jurisdiction of the offense; and
WHEREAS criminal court judges, upon completion of proceedings
regarding felony cases 1) involving defendant children aged 14 and
up and 2) where a conviction is made, may remand sentencing back to
the Probate Court; however this may lead to light sentences that do
not fit the seriousness of the crime.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby supports Senate Bill 279, and recommends that
the following amendments be made:
1. Local prosecuting attorneys shall have the discretion of
an automatic waiver of proceedings before the Probate
Court in cases involving children aged 14 and up who are
accused of committing acts that would be felonies if
committed by an adult, and that such cases be brought
before the appropriate court having general criminal
jurisdiction of the offense.
2. Sentencing must be accomplished by the court having
general criminal jurisdiction of the offense.
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BE IT FURTHER RESOLVED that the Board of Commissioners urges
the Legislature and Governor to adopt Senate Bill 279, with the
recommended amendments, in the best interest of the citizens of the
State of Michigan.
BE IT FURTHER RESOLVED that a copy of this resolution be sent
to the Governor and Oakland County's delegation of state
legislators.
I move the adoption of the foregoing resolution.
Kevin Miltner, Commissioner
District #5