Mich. Comp. Laws » Michigan Compiled Laws / Chapter 769 / Act 175 of 1927

Mich. Comp. Laws § 769.25

Criminal defendant less than 18 years; circumstances; imprisonment for life without possibility of parole; violations; motion; response; hearing; record; sentence.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


769.25 Criminal defendant less than 18 years; circumstances; imprisonment for life without possibility of parole; violations; motion; response; hearing; record; sentence.

Sec. 25.

    (1) This section applies to a criminal defendant who was less than 18 years of age at the time he or she committed an offense described in subsection (2) if either of the following circumstances exists:

    (a) The defendant is convicted of the offense on or after the effective date of the amendatory act that added this section.

    (b) The defendant was convicted of the offense before the effective date of the amendatory act that added this section and either of the following applies:

    (i) The case is still pending in the trial court or the applicable time periods for direct appellate review by state or federal courts have not expired.

    (ii) On June 25, 2012 the case was pending in the trial court or the applicable time periods for direct appellate review by state or federal courts had not expired.

    (2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1) to imprisonment for life without the possibility of parole if the individual is or was convicted of any of the following violations:

    (a) A violation of section 17764(7) of the public health code, 1978 PA 368, MCL 333.17764.

    (b) A violation of section 16(5), 18(7), 316, 436(2)(e), or 543f of the Michigan penal code, 1931 PA 328, MCL 750.16, 750.18, 750.316, 750.436, and 750.543f.

    (c) A violation of chapter XXXIII of the Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a.

    (d) Any violation of law involving the death of another person for which parole eligibility is expressly denied under state law.

    (3) If the prosecuting attorney intends to seek a sentence of imprisonment for life without the possibility of parole for a case described in subsection (1)(a), the prosecuting attorney shall file the motion within 21 days after the defendant is convicted of that violation. If the prosecuting attorney intends to seek a sentence of imprisonment for life without the possibility of parole for a case described under subsection (1)(b), the prosecuting attorney shall file the motion within 90 days after the effective date of the amendatory act that added this section. The motion shall specify the grounds on which the prosecuting attorney is requesting the court to impose a sentence of imprisonment for life without the possibility of parole.

    (4) If the prosecuting attorney does not file a motion under subsection (3) within the time periods provided for in that subsection, the court shall sentence the defendant to a term of years as provided in subsection (9).

    (5) If the prosecuting attorney files a motion under subsection (2) requesting that the individual be sentenced to imprisonment for life without parole eligibility, the individual shall file a response to the prosecution's motion within 14 days after receiving notice of the motion.

    (6) If the prosecuting attorney files a motion under subsection (2), the court shall conduct a hearing on the motion as part of the sentencing process. At the hearing, the trial court shall consider the factors listed in Miller v Alabama, 576 US_____; 183 L Ed 2d 407; 132 S Ct 2455 (2012), and may consider any other criteria relevant to its decision, including the individual's record while incarcerated.

    (7) At the hearing under subsection (6), the court shall specify on the record the aggravating and mitigating circumstances considered by the court and the court's reasons supporting the sentence imposed. The court may consider evidence presented at trial together with any evidence presented at the sentencing hearing.

    (8) Each victim shall be afforded the right under section 15 of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.765, to appear before the court and make an oral impact statement at any sentencing or resentencing of the defendant under this section.

    (9) If the court decides not to sentence the individual to imprisonment for life without parole eligibility, the court shall sentence the individual to a term of imprisonment for which the maximum term shall be not less than 60 years and the minimum term shall be not less than 25 years or more than 40 years.

    (10) A defendant who is sentenced under this section shall be given credit for time already served but shall not receive any good time credits, special good time credits, disciplinary credits, or any other credits that reduce the defendant's minimum or maximum sentence.

History: Add. 2014, Act 22, Imd. Eff. Mar. 4, 2014

Compiler's Notes:

    Former MCL 769.25, which pertained to authorized imprisonment in reformatory at Ionia or Detroit house of correction instead of state prison of any male person convicted for first time of any offense other than rape, murder, or treason, was repealed by Act 256 of 1964, Eff. Aug. 28, 1964.

Notes of Decisions
Cited in 267 cases (101 in the last 5 years), 2014–2026 · leading case: People v. Hyatt
Sort: Relevance Newest Treatment
People v. Hyatt (2016) michctapp · cites it 142× “As evidenced by the existence of this special conflict panel, we recognize that this is a difficult issue.”
People v. Skinner (2018) mich · cites it 76× “**96 *295 At issue here is whether MCL 769.25 violates the Sixth Amendment because it allows the decision whether to impose a sentence of life without **97 parole to be made by a judge, rather than by a jury beyond a reasonable doubt.”
People v. Skinner (2015) michctapp · cites it 129× “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
People of Michigan v. Raymond Curtis Carp (2014) mich · cites it 62× “After Miller was decided, the Legislature enacted 2014 PA 22 , which added MCL 769.25 and MCL 769.25a to the Code of Criminal Procedure.”
People of Michigan v. Kenya Ali Hyatt (2016) michctapp · cites it 16× “] Our Legislature enacted MCL 769.25, effective March 4, 2014. The statute, in relevant part, provides as follows for sentencing select juvenile offenders: *167 (2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1)…”
Henry Hill v. Rick Snyder (2017) ca6 · cites it 3× “See Mich. Comp. Laws § 769.25 . This new provision allows prosecutors to seek life-without-parole sentences for juveniles convicted of first-degree homicide crimes by filing a motion specifying the grounds for imposing that punishment.”
People of Michigan v. William Lawrence Rucker (2018) michctapp · cites it 3× “] After Miller but before Montgomery , our Legislature enacted MCL 769.25, which set forth the procedure for resentencing criminal defendants who fit Miller 's criteria, provided either that their case was still pending in the trial court or that the applicable time periods for…”
People v. Blevins (2016) michctapp · cites it 2× “A separate panel of this Court affirmed his conviction, but remanded for resentencing in light of Miller v Alabama, ___ US ___; 132 S Ct 2455 ; 183 L Ed 2d 407 (2012) and MCL 769.25. People v King, unpublished opinion per curiam of the Court of Appeals, issued July 23, 2015…”
Hill v. Snyder (2018) mied · cites it 10× “See Mich. Comp. Laws § 769.25 . This new provision allows prosecutors to seek life-without-parole sentences for juveniles convicted of first-degree homicide crimes by filing a motion specifying the grounds for imposing that punishment.”
Henry Hill v. Rick Snyder (2016) ca6 · cites it 5× “See Mich. Comp. Laws Ann. §§ 769.25 , 769.25a (2014).”
State of Iowa v. Damion John Seats (2015) iowa · cites it 2× “) (setting the penalty for first-degree murder as life imprisonment with or without parole); Mich. Comp. Laws Ann. § 769.25 (West, Westlaw through P.”
People of Michigan v. Gregory Wines (2018) michctapp “In that order, the Court vacated "the sentence of the Kent Circuit Court on the defendant's first-degree murder conviction" and remanded the case to the trial court "for resentencing on that conviction pursuant to MCL 769.25 and MCL 769.25a." People v. Wines , 499 Mich.”
Show all 267 citing cases →
— Mich. Comp. Laws § 769.25(1) — 8 cases
People of Michigan v. Robert Taylor (2016) michctapp
People of Michigan v. Ihab Masalmani (2016) michctapp
People of Michigan v. Charles Edward Wilson Jr (2018) michctapp
People of Michigan v. Demetrius Orese-Charles Armour (2018) michctapp
People of Michigan v. Charles Duane Finch (2020) michctapp
— Mich. Comp. Laws § 769.25(1)(a) — 5 cases
People of Michigan v. Robert Jensen Schwander (2018) michctapp
People of Michigan v. Robert Jensen Schwander (2018) michctapp
People of Michigan v. Royale Gold Runyon (2020) michctapp
People of Michigan v. Jamarie Nicholus Bell (2024) michctapp
People of Michigan v. Kolbie Dustin McGinn (2025) michctapp
— Mich. Comp. Laws § 769.25(1)(a)(i) — 1 case
People of Michigan v. Deonte Howard (2014) michctapp
— Mich. Comp. Laws § 769.25(1)(b)(i) — 1 case
People of Michigan v. Deonte Howard (2014) michctapp
— Mich. Comp. Laws § 769.25(1)(b)(ii) — 7 cases
People of Michigan v. Raymond Curtis Carp (2014) mich “After Miller was decided, the Legislature enacted 2014 PA 22 , which added MCL 769.25 and MCL 769.25a to the Code of Criminal Procedure.”
People of Michigan v. Cortez Roland Davis (2014) mich
People of Michigan v. Dakotah Wolfgang Eliason (2014) mich
People of Michigan v. Jonathan Belton (2026) michctapp
People of Michigan v. Semaj Deanthanylove Moran (2026) michctapp
— Mich. Comp. Laws § 769.25(10) — 1 case
People of Michigan v. Devon Kareem-Buckingh Robinson (2025) michctapp
— Mich. Comp. Laws § 769.25(2) — 42 cases
People v. Hyatt (2016) michctapp “As evidenced by the existence of this special conflict panel, we recognize that this is a difficult issue.”
People v. Skinner (2018) mich “**96 *295 At issue here is whether MCL 769.25 violates the Sixth Amendment because it allows the decision whether to impose a sentence of life without **97 parole to be made by a judge, rather than by a jury beyond a reasonable doubt.”
People of Michigan v. Raymond Curtis Carp (2014) mich “After Miller was decided, the Legislature enacted 2014 PA 22 , which added MCL 769.25 and MCL 769.25a to the Code of Criminal Procedure.”
People v. Skinner (2015) michctapp “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
People of Michigan v. Walter Miller (2019) michctapp
— Mich. Comp. Laws § 769.25(2)(a) — 1 case
People v. Skinner (2015) michctapp “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
— Mich. Comp. Laws § 769.25(2)(b) — 6 cases
People of Michigan v. Kenya Ali Hyatt (2016) michctapp “] Our Legislature enacted MCL 769.25, effective March 4, 2014. The statute, in relevant part, provides as follows for sentencing select juvenile offenders: *167 (2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1)…”
People v. Skinner (2015) michctapp “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
People of Michigan v. Najee Sharif Wilkins (2017) michctapp
People of Michigan v. Walter Miller (2019) michctapp
20221229_C357974_46_357974.Opn.Ord.Pdf (2022) michctapp
— Mich. Comp. Laws § 769.25(2)(d) — 5 cases
People of Michigan v. Terrance Demon-Jordan Thomas Jr (2016) michctapp
People of Michigan v. Walter Miller (2019) michctapp
People of Michigan v. Charles Duane Finch (2020) michctapp
People of Michigan v. Akil L Logan (2023) michctapp
People of Michigan v. Jamarie Nicholus Bell (2024) michctapp
— Mich. Comp. Laws § 769.25(3) — 30 cases
People v. Skinner (2018) mich “**96 *295 At issue here is whether MCL 769.25 violates the Sixth Amendment because it allows the decision whether to impose a sentence of life without **97 parole to be made by a judge, rather than by a jury beyond a reasonable doubt.”
People v. Skinner (2015) michctapp “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
Hill v. Snyder (2018) mied “See Mich. Comp. Laws § 769.25 . This new provision allows prosecutors to seek life-without-parole sentences for juveniles convicted of first-degree homicide crimes by filing a motion specifying the grounds for imposing that punishment.”
People of Michigan v. Kemo Knicombi Parks (2022) mich
People of Michigan v. Kemo Knicombi Parks (2022) mich
— Mich. Comp. Laws § 769.25(4) — 42 cases
People v. Hyatt (2016) michctapp “As evidenced by the existence of this special conflict panel, we recognize that this is a difficult issue.”
People v. Skinner (2015) michctapp “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
People of Michigan v. Kenya Ali Hyatt (2016) michctapp “] Our Legislature enacted MCL 769.25, effective March 4, 2014. The statute, in relevant part, provides as follows for sentencing select juvenile offenders: *167 (2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1)…”
People of Michigan v. Raymond Curtis Carp (2014) mich “After Miller was decided, the Legislature enacted 2014 PA 22 , which added MCL 769.25 and MCL 769.25a to the Code of Criminal Procedure.”
People v. Skinner (2018) mich “**96 *295 At issue here is whether MCL 769.25 violates the Sixth Amendment because it allows the decision whether to impose a sentence of life without **97 parole to be made by a judge, rather than by a jury beyond a reasonable doubt.”
— Mich. Comp. Laws § 769.25(5) — 3 cases
People of Michigan v. Dontez Marc Tillman (2016) michctapp
People of Michigan v. Victor Manuel Garay (2021) michctapp
People of Michigan v. Kolbie Dustin McGinn (2025) michctapp
— Mich. Comp. Laws § 769.25(6) — 82 cases
People v. Hyatt (2016) michctapp “As evidenced by the existence of this special conflict panel, we recognize that this is a difficult issue.”
People v. Skinner (2015) michctapp “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
People v. Skinner (2018) mich “**96 *295 At issue here is whether MCL 769.25 violates the Sixth Amendment because it allows the decision whether to impose a sentence of life without **97 parole to be made by a judge, rather than by a jury beyond a reasonable doubt.”
People of Michigan v. Raymond Curtis Carp (2014) mich “After Miller was decided, the Legislature enacted 2014 PA 22 , which added MCL 769.25 and MCL 769.25a to the Code of Criminal Procedure.”
People of Michigan v. Kenya Ali Hyatt (2016) michctapp “] Our Legislature enacted MCL 769.25, effective March 4, 2014. The statute, in relevant part, provides as follows for sentencing select juvenile offenders: *167 (2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1)…”
— Mich. Comp. Laws § 769.25(7) — 34 cases
People v. Skinner (2018) mich “**96 *295 At issue here is whether MCL 769.25 violates the Sixth Amendment because it allows the decision whether to impose a sentence of life without **97 parole to be made by a judge, rather than by a jury beyond a reasonable doubt.”
People v. Hyatt (2016) michctapp “As evidenced by the existence of this special conflict panel, we recognize that this is a difficult issue.”
People v. Skinner (2015) michctapp “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
People of Michigan v. Tia Marie-Mitchell Skinner (2018) michctapp
People of Michigan v. Tyler Maurice Tate (2022) mich
— Mich. Comp. Laws § 769.25(8) — 4 cases
People v. Skinner (2015) michctapp “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
People of Michigan v. Jonathan Dewig Hickerson (2016) michctapp
People of Michigan v. Mike Torres Zuniga (2016) michctapp
People of Michigan v. Devonte Jaquez Warren (2015) michctapp
— Mich. Comp. Laws § 769.25(9) — 81 cases
People of Michigan v. Raymond Curtis Carp (2014) mich “After Miller was decided, the Legislature enacted 2014 PA 22 , which added MCL 769.25 and MCL 769.25a to the Code of Criminal Procedure.”
People v. Skinner (2018) mich “**96 *295 At issue here is whether MCL 769.25 violates the Sixth Amendment because it allows the decision whether to impose a sentence of life without **97 parole to be made by a judge, rather than by a jury beyond a reasonable doubt.”
People v. Hyatt (2016) michctapp “As evidenced by the existence of this special conflict panel, we recognize that this is a difficult issue.”
People v. Skinner (2015) michctapp “While defendant’s appeal was pending, on March 4, 2014, MCL 769.25 took effect, which was enacted in response to Miller and established a framework for imposing a life without parole sentence upon a juvenile convicted of, inter alia, first-degree murder.”
People of Michigan v. Kenya Ali Hyatt (2016) michctapp “] Our Legislature enacted MCL 769.25, effective March 4, 2014. The statute, in relevant part, provides as follows for sentencing select juvenile offenders: *167 (2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1)…”
— Mich. Comp. Laws § 769.25(l)(b) — 1 case
People of Michigan v. Kenya Ali Hyatt (2016) michctapp “] Our Legislature enacted MCL 769.25, effective March 4, 2014. The statute, in relevant part, provides as follows for sentencing select juvenile offenders: *167 (2) The prosecuting attorney may file a motion under this section to sentence a defendant described in subsection (1)…”
— Mich. Comp. Laws § 769.25(l)(b)(ii) — 1 case
People of Michigan v. Raymond Curtis Carp (2014) mich “After Miller was decided, the Legislature enacted 2014 PA 22 , which added MCL 769.25 and MCL 769.25a to the Code of Criminal Procedure.”
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