2023 House Bill 4523 / 2024 Public Act 44

Courts: other; violent offender eligibility for mental health court; modify.

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 1093 (MCL 600.1093), as amended by 2018 PA 591.

House Fiscal Agency Analysis

House Bills 4523 and 4525 would amend the Revised Judicature Act to allow a violent offender to participate in a mental health court or drug treatment court, respectively, with the consent of the judge and prosecutor (in consultation with any known victim). However, an individual currently charged with or who has pled guilty to first degree murder or criminal sexual conduct in the first degree could not be admitted to a mental health court or drug treatment court. House Bill 4524 would amend the same act to allow participation in a drug treatment court to continue after a participant is convicted of a new felony offense under certain conditions.

Introduced in the House

May 4, 2023

Introduced by Rep. Kara Hope (D-74) and 21 co-sponsors

Co-sponsored by Reps. Kelly Breen (D-21), Erin Byrnes (D-15), Carol Glanville (D-84), Jennifer Conlin (D-48), Felicia Brabec (D-33), Noah Arbit (D-20), Sharon MacDonell (D-56), Joey Andrews (D-38), Samantha Steckloff (D-19), Tyrone Carter (D-1), Tullio Liberati (D-2), Graham Filler (R-93), Penelope Tsernoglou (D-75), Jimmie Wilson (D-32), Rachel Hood (D-81), Emily Dievendorf (D-77), Jenn Hill (D-109), Betsy Coffia (D-103), Will Snyder (D-87), Christine Morse (D-40) and Abraham Aiyash (D-9)

Referred to the Committee on Judiciary

June 7, 2023

Reported with substitute H-1

Oct. 25, 2023

Substitute H-1 concurred in by voice vote

Substitute H-2 offered by Rep. Kelly Breen (D-21)

The substitute passed by voice vote

Oct. 31, 2023

Passed in the House 68 to 42 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Nov. 1, 2023

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

Feb. 15, 2024

Reported with substitute S-1

Feb. 20, 2024

Referred to the Committee of the Whole

Feb. 21, 2024

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Feb. 22, 2024

Passed in the Senate 34 to 3 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Received in the House

Feb. 22, 2024

May 9, 2024

Substitute S-1 concurred in 67 to 40 (details)

Signed by Gov. Gretchen Whitmer

May 22, 2024