2024 Senate Bill 723

Criminal procedure: mental capacity; evaluation of competency to waive Miranda rights; require.

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding sections 1080, 1081, 1082, and 1083.

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The bill amends the Mental Health Code to establish procedures for determining a defendant's competence to waive Miranda rights, including mandatory examinations and hearings, while ensuring the defendant's right to bail or liberty is not impaired.

Introduced in the Senate

Feb. 22, 2024

Introduced by Sen. Sylvia Santana (D-2) and four co-sponsors

Co-sponsored by Sens. Stephanie Chang (D-3), Sue Shink (D-14), Erika Geiss (D-1) and Rosemary Bayer (D-13)

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