Mich. Comp. Laws » Michigan Compiled Laws / Chapter 712A / Act 288 of 1939

Mich. Comp. Laws § 712A.3

Criminal charge against person under age 17 for offense occurring before October 1, 2021 or age 18 for offense occurring on or after October 1, 2021; transfer of case to family division of circuit court.

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PROBATE CODE OF 1939


Act 288 of 1939


712A.3 Criminal charge against person under age 17 for offense occurring before October 1, 2021 or age 18 for offense occurring on or after October 1, 2021; transfer of case to family division of circuit court.

Sec. 3.

    (1) For an offense occurring before October 1, 2021, if during the pendency of a criminal charge against an individual in any other court it is ascertained that the individual was under the age of 17 at the time of the commission of the offense, the other court shall transfer the case without delay, together with all the papers, documents, and testimony connected with that case, to the family division of the circuit court of the county in which the other court is situated or in which the individual resides. For an offense occurring on or after October 1, 2021, if during the pendency of a criminal charge against an individual in any other court it is ascertained that the individual was under the age of 18 at the time of the commission of the offense, the other court shall transfer the case without delay, together with all the papers, documents, and testimony connected with that case, to the family division of the circuit court of the county in which the other court is situated or in which the individual resides.

    (2) The court making the transfer shall order the individual to be taken promptly to the place of detention designated by the family division of the circuit court or to that court itself or release the juvenile in the custody of some suitable person to appear before the court at a time designated. The court shall then hear and dispose of the case in the same manner as if it had been originally instituted in that court.

    

    

History: Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- Am. 1946, 1st Ex. Sess., Act 22, Imd. Eff. Feb. 26, 1946 ;-- CL 1948, 712A.3 ;-- Am. 1961, Act 54, Eff. Sept. 8, 1961 ;-- Am. 1972, Act 175, Imd. Eff. June 16, 1972 ;-- Am. 1972, Act 235, Imd. Eff. July 27, 1972 ;-- Am. 1996, Act 409, Eff. Jan. 1, 1998 ;-- Am. 2019, Act 109, Eff. Oct. 1, 2021 ;-- Am. 2021, Act 118, Imd. Eff. Nov. 30, 2021

FormerLaw Notes:

    See section 26 of Ch. XII of Act 288 of 1939, and CL 1929, § 12839.

PopularName Notes:

Probate Code

PopularName Notes:

Juvenile Code
Notes of Decisions
Cited in 18 cases (8 in the last 5 years), 1982–2025 · leading case: People v. Schneider
Sort: Relevance Newest Treatment
People v. Schneider (1982) michctapp · cites it 14× “The district court refused to sign the warrant on the *484 ground that no jurisdiction attached pursuant to MCL 712A.3; MSA 27.3178(598.3), which states in part: "If during the pendency of a criminal charge against a person in any other court, it is ascertained that the person…”
People v. Kincaid (1984) michctapp “Pursuant to MCL 712A.3; MSA 27.3178(598.3), the probate court has jurisdiction over a criminal charge against any person under the age of 17 at the time of the commission of the offense.”
C People of Michigan v. Brnden Lamir Patterson (2023) michctapp · cites it 12× “ANALYSIS2 Defendant contends that the amendment to MCL 712A.3 through the “Raise the Age” legislation was intended to make a sweeping change to the juvenile and criminal code and designed to ameliorate consequences for acts committed by 17-year-olds.”
People of Michigan v. Jenna Shi (2022) michctapp · cites it 9× “” Finally, as amended by 2019 PA 109 , MCL 712A.3(1) was amended to provide that “[i]f during the pendency of a criminal charge against a person in any other court it is ascertained that the person was under the age of 18 at the time of the commission of the offense, the other…”
People of Michigan v. Laquan Shawnell Gordon Jr (2024) michctapp · cites it 9× “On November 30, 2021, additional amendments to MCL 712A.3 and MCL 712A.5 became effective through 2021 PA 118 .”
in Re Lawrence Michael Seay (2021) michctapp · cites it 8× “However, MCL 712A.3 provides1: (1) If during the pendency of a criminal charge against a person in any other court it is ascertained that the person was under the age of 17 at the time of the commission of the offense, the other court shall transfer the case without delay,…”
in Re Lawrence Michael Seay (2021) michctapp · cites it 8× “However, MCL 712A.3 provides1: (1) If during the pendency of a criminal charge against a person in any other court it is ascertained that the person was under the age of 17 at the time of the commission of the offense, the other court shall transfer the case without delay,…”
People v. Price (1988) michctapp “See MCL 712A.3; MSA 27.3178(598.3); MCR 5.903(A)(10).”
People of Michigan v. Brnden Lamir Patterson (2023) michctapp · cites it 6× “” Effective January 2, 1998, as adopted by 1996 PA 409 , MCL 712A.3(1) further provided: If during the pendency of a criminal charge against a person in any other court it is ascertained that the person was under the age of 17 at the time of the commission of the offense, the…”
in Re Thomas Lee Collins (2018) michctapp · cites it 5× “In People v Schneider, 119 Mich App 480, 486-487 ; 326 NW2d 416 (1982), this Court held that where a case is transferred to the probate court[2] pursuant to MCL 712A.3, the probate court shall have jurisdiction without regard to the defendant’s age at the time of transfer.”
in Re Thomas Lee Collins (2018) michctapp · cites it 5× “In People v Schneider, 119 Mich App 480, 486-487 ; 326 NW2d 416 (1982), this Court held that where a case is transferred to the probate court[2] pursuant to MCL 712A.3, the probate court shall have jurisdiction without regard to the defendant’s age at the time of transfer.”
People v. Krause (1994) michctapp “MCL 712A.3; MSA 27.3178(598.3). Defendant also maintains that the trial court abused its discretion in denying his motion to suppress an April 16, 1991, statement that was made in Michigan.”
Show all 18 citing cases →
— Mich. Comp. Laws § 712A.3(1) — 13 cases
People of Michigan v. Jenna Shi (2022) michctapp “” Finally, as amended by 2019 PA 109 , MCL 712A.3(1) was amended to provide that “[i]f during the pendency of a criminal charge against a person in any other court it is ascertained that the person was under the age of 18 at the time of the commission of the offense, the other…”
C People of Michigan v. Brnden Lamir Patterson (2023) michctapp “ANALYSIS2 Defendant contends that the amendment to MCL 712A.3 through the “Raise the Age” legislation was intended to make a sweeping change to the juvenile and criminal code and designed to ameliorate consequences for acts committed by 17-year-olds.”
People of Michigan v. Brnden Lamir Patterson (2023) michctapp “” Effective January 2, 1998, as adopted by 1996 PA 409 , MCL 712A.3(1) further provided: If during the pendency of a criminal charge against a person in any other court it is ascertained that the person was under the age of 17 at the time of the commission of the offense, the…”
People of Michigan v. Laquan Shawnell Gordon Jr (2024) michctapp “On November 30, 2021, additional amendments to MCL 712A.3 and MCL 712A.5 became effective through 2021 PA 118 .”
in Re Thomas Lee Collins (2018) michctapp “In People v Schneider, 119 Mich App 480, 486-487 ; 326 NW2d 416 (1982), this Court held that where a case is transferred to the probate court[2] pursuant to MCL 712A.3, the probate court shall have jurisdiction without regard to the defendant’s age at the time of transfer.”
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