HOUSE BILL No. 4951

 

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).