THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
764.27 Arrest of child less than 18 years of age; procedure.
Sec. 27.
Except as otherwise provided in section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606, if a child less than 18 years of age is arrested, with or without a warrant, the child must be taken immediately before the family division of circuit court of the county where the offense is alleged to have been committed, and the officer making the arrest shall immediately make and file, or cause to be made and filed, a petition against the child as provided in chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32. Except as otherwise provided in section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606, if during the pendency of a criminal case against a child in a court in this state it is ascertained that the child is less than 18 years of age, the court shall immediately transfer the case, together with all papers connected with the case, to the family division of circuit court of the county where the offense is alleged to have been committed. If a child 14 years of age or older is charged with a felony, the judge of probate, after investigation and examination and upon motion of the prosecuting attorney, may waive jurisdiction under section 4 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.4. If jurisdiction is waived, the child may be tried in the court having general criminal jurisdiction of the offense.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17161 ;-- Am. 1931, Act 309, Eff. Sept. 18, 1931 ;-- CL 1948, 764.27 ;-- Am. 1958, Act 212, Eff. Sept. 13, 1958 ;-- Am. 1972, Act 44, Imd. Eff. Feb. 19, 1972 ;-- Am. 1988, Act 67, Eff. Oct. 1, 1988 ;-- Am. 1996, Act 255, Eff. Jan. 1, 1997 ;-- Am. 1996, Act 418, Eff. Jan. 1, 1998 ;-- Am. 2019, Act 103, Eff. Oct. 1, 2021
Compiler's Notes:
Section 3 of Act 67 of 1988 provides: “This amendatory act shall take effect June 1, 1988.” This section was amended by Act 173 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”
FormerLaw Notes:
See section 6 of Act 6 of 1907 (Ex. Sess.); Act 308 of 1915; CL 1915, § 2016; and Act 105 of 1923.
Notes of Decisions
Cited in
44
cases (
10 in the last 5 years), 1960–2025 · leading case:
Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “119, § 74 (West 2003); Mich. Comp. Laws Ann. § 764.27 (West 2000); Minn.”
People v. Hall, 643 N.W.2d 253 (Mich. Ct. App. 2002).
· cites it 7× “9 Before trial, defendant moved to suppress his statement to the police, arguing that the statement was taken in violation of MCL 764.27 and also that defendant’s statement was not knowingly and voluntarily made.”
People v. Good, 463 N.W.2d 213 (Mich. Ct. App. 1990).
· cites it 8× “The trial court suppressed defendant’s confession because defendant was not taken immediately before the juvenile court as required by MCL 764.27; MSA 28.886. The prosecutor argues that the trial court erred in not considering the totality of the circumstances to determine…”
People v. Woolfolk, 848 N.W.2d 169 (Mich. Ct. App. 2014).
· cites it 2× “This Court also noted that, under Miller , a “juvenile” must be defined to include not only those individuals who are “ ‘less than 17 years of age,’ ” as the term is defined in this state’s Code of Criminal Procedure and the Revised *460 Judicature Act, MCL 764.27; MCL…”
People v. Irby, 342 N.W.2d 303 (Mich. Ct. App. 1983).
· cites it 5× “3(b)(1) and MCL 764.27; MSA 28.886 to be taken immediately to the juvenile court.”
People v. Eliason, 833 N.W.2d 357 (Mich. Ct. App. 2013).
· cites it 2× “886 and the juvenile court rules, (3) the presence of an adult parent, custodian, or guardian, (4) the juvenile defendant’s personal background, (5) the ac *306 cused’s age, education, and intelligence level, (6) the extent of the defendant’s prior experience with the police,…”
People v. Strunk, 457 N.W.2d 149 (Mich. Ct. App. 1990).
· cites it 8× “This was error, because the statement was obtained in violation of defendant's statutory rights under MCL 764.27; MSA 28.886 and MCL 712A.14; MSA 27.”
People v. Spearman, 491 N.W.2d 606 (Mich. Ct. App. 1992).
· cites it 3× “Rush first argues that his signed confession was involuntary and inadmissible because he was held for about two hours after being arrested instead of being taken to the juvenile division of the probate court immediately as required by MCL 764.27; MSA 28.886. Rush confessed…”
People v. Hana, 504 N.W.2d 166 (Mich. 1993).
· cites it 2× “A similar provision is now found at MCL 764.27; MSA 28.886. [42] 1939 PA 288 , ch XII, § 26.”
Friday v. Pitcher, 200 F. Supp. 2d 725 (E.D. Mich. 2002).
· cites it 3× “§ 764.27; MSA 28.886 and the juvenile court rules, (3) the presence of an adult parent, custodian, or guardian, (4) the juvenile defendant’s personal background, (5) the accused’s age, education, and intelligence level, (6) the extent of the defendant’s prior experience with the…”
People v. Carp, 828 N.W.2d 685 (Mich. Ct. App. 2012).
“606(1) defines a juvenile as “14 years of age or older and less than 17 years of age,” while MCL 764.27 references “a child less than 17 years of age.”
Brewer v. Perrin, 349 N.W.2d 198 (Mich. Ct. App. 1984).
“*532 Second, MCL 764.27; MSA 28.886 states that a juvenile under 17 must "be taken immediately before the juvenile division of the probate court of the county” where the offense occurred.”
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