June 19, 2007, Introduced by Rep. Johnson and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 13 to chapter X.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER X
Sec. 13. (1) An individual convicted of first degree murder in
violation of section 316 of the Michigan penal code, 1931 PA 328,
MCL 750.316, has a right to appeal that conviction to the court of
appeals, regardless of any other appeal taken or not taken, if the
individual meets all of the following conditions, as applicable:
(a) The individual was convicted before November 25, 1980 of
murder committed in the perpetration of, or attempt to perpetrate,
arson, rape, criminal sexual conduct in the first or third degree,
robbery, burglary, breaking and entering of a dwelling, larceny of
any kind, extortion, or kidnapping.
(b) The individual's intention to kill, intention to do great
bodily harm, or wanton and willful disregard of the likelihood that
the natural tendency of the individual's behavior was to cause
death or great bodily harm was not submitted to the jury or
considered by the judge sitting as trier of fact.
(c) If the individual was convicted of murder as described in
subdivision (a) by aiding and abetting, the individual's knowledge
of the principal's intention to kill, intention to do great bodily
harm, or wanton and willful disregard of the likelihood that the
natural tendency of the principal's behavior was to cause death or
great bodily harm was not submitted to the jury or considered by
the judge sitting as trier of fact.
(2) If the court of appeals determines that the individual
meets all applicable conditions described in subsection (1), the
court shall vacate the individual's first degree murder conviction
and remand the case to the trial court. The trial court shall enter
a conviction of second degree murder or of a lesser included
offense based on the transcript and other evidence in the record,
conduct a sentencing hearing, and sentence the individual on that
conviction. The sentencing shall comply with all current sentencing
statutes, court rules, and case law.
(3) An individual sentenced under subsection (2) shall receive
credit for time served on the vacated first degree murder
conviction.
(4) The court of appeals shall determine an appeal under this
section within 270 days after the appeal is filed.
Enacting section 1. Section 13 of chapter X of the code of
criminal procedure, 1927 PA 175, as added by this amendatory act,
applies only to those persons convicted of first degree murder
before the Michigan supreme court's decision in People v Aaron, 409
Mich 672; 299 NW2d 304 (1980).