MichiganSB 00812025-2026 Regular SessionSenateWALLET

Courts: other; Michigan indigent defense commission act; expand duties to include indigent defense of youth. Amends title & secs. 3, 5, 7, 9, 11, 13, 15, 17, 21 & 23 of 2013 PA 93 (MCL 780.983 et seq.) & adds sec. 14. Last Action: ASSIGNED PA 0070'26 WITH IMMEDIATE EFFECT

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 4 benefits, 1 costs, 3 mixed.

More defense help for low-income youth

Eligible youth get appointed defense counsel no later than their first court appearance in covered juvenile cases. Coverage also includes specified felony proceedings for acts committed before age 18, including cases handled like adult cases. Youth qualify when hiring a qualified lawyer would cause substantial hardship to them or their parent, guardian, or custodian. Hardship is presumed, but can be challenged, when that adult receives specified public assistance, lives in public housing, or earns below 200% of the federal poverty guideline. The adult’s income and assets do not count in listed cases involving state care, abuse or neglect petitions, offenses involving the adult, or conflicts and barriers. Missing access to the adult’s financial information cannot delay or prevent appointment of counsel.

Defense rule violations limit legal remedies

Beginning October 1, 2027, failure to meet the act’s duties does not by itself create a lawsuit against government or defense systems, except as the act provides. Duties above constitutional requirements also do not create a right to sue state or local government or defense systems. A commission rule violation alone cannot overturn a conviction or change a judgment unless it amounts to constitutionally ineffective counsel. The law leaves constitutional ineffective-counsel claims intact.

Defendants must consult before giving up counsel

Trial courts must tell defendants and youth about their right to a lawyer. Before giving up that right, they must consult a lawyer about the consequences. The waiver must be made both on the court record and in writing.

State grants support local youth defense

State defense grants now cover compliance with standards that include youth defense, but funding depends on legislative appropriations. Grants can cover costs above the required local share when the commission finds them necessary for compliance. The state must also fund grants for reasonable required data costs above local governments’ data costs for other purposes. Beginning October 1, 2027, local systems’ duties to meet standards in approved plans depend on receiving enough grant money. The local-share calculation excludes youth-defense spending during the three fiscal years before the fiscal year when that change takes effect.

Youth defense gets statewide quality oversight

The Michigan Indigent Defense Commission’s standards, audits, data collection, and compliance oversight now cover youth defense. Standards must support constitutionally effective counsel and emphasize youth under 18 facing adult-style trials or sentences. They cannot override the Michigan Supreme Court’s authority over court procedures. The commission has 19 voting members, including a youth-defense expert chosen from three State Bar children’s law section nominees. Juvenile defense or prosecution experience can qualify members, and at least one appointee must have substantial juvenile justice knowledge. People paid by the state or a local defense system to represent indigent youth in state courts cannot serve. The commission must publish its policies in a manual and on a public website and provide them to defense providers and specified state officials.

Defense grants face spending checks

Beginning October 1, 2027, local defense systems need an approved plan and cost analysis before receiving a grant. The first payment is 40% of the award, followed by three payments of 20% each. Later payments require commission approval of records, including prior-quarter spending and unspent funds. Prior-quarter spending generally must reach at least 25% of the approved plan’s total cost. The commission can waive that threshold for unforeseeable conditions that prevent timely spending processing.

Defense systems get appeals and penalties

Beginning October 1, 2027, the commission must publish dispute procedures, with unresolved disputes going to mediation and potentially circuit court. After a third disapproval, the state court administrator must appoint a mediator within 30 days. Mediation must start within 30 days of appointment and finish within 60 days. Recommendations are due within 30 days afterward, and the commission must act within another 30 days. Courts can change plans, cost analyses, and grant terms, but not grant amounts or the validity of minimum standards. If a court finds a system breached its defense duty and orders state-provided defense, the system must share the costs. Its share is 20% in year one, 40% in year two, 60% in year three, and 80% in year four. Payments in year five and later cannot exceed the year-four dollar amount.

Defense systems split collected legal payments

Courts send all collected contributions or reimbursements from people found partially indigent to the local defense system. The system sends 20% to the state department for the defense commission’s standards work. It may keep 80% for collection costs and defense services in the next fiscal year. These collections do not change the required local-share calculation or the amount the person owes.

Sponsors & Cosponsors

Sponsor

Sue Shink
Democratic • Senate

Cosponsors

Erika Geiss
Democratic • Senate
Mallory McMorrow
Democratic • Senate
Mary Cavanagh
Democratic • Senate
Paul Wojno
Democratic • Senate
Rosemary Bayer
Democratic • Senate
Sarah Anthony
Democratic • Senate
Stephanie Chang
Democratic • Senate
Veronica Klinefelt
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 143 • No: 38

House vote • 7/3/2026

passed; given immediate effect

Yes: 95 • No: 13 • Other: 2

Senate vote • 7/3/2026

ROLL CALL:

Yes: 23 • No: 13 • Other: 2

Senate vote • 3/18/2025

PASSED

Yes: 25 • No: 12

Actions Timeline

ASSIGNED PA 0070'26 WITH IMMEDIATE EFFECT
7/29/2026Senate
FILED WITH SECRETARY OF STATE 7/24/2026 10:54 AM
7/29/2026Senate
APPROVED BY GOVERNOR 7/21/2026 12:58 PM
7/29/2026Senate
PRESENTED TO GOVERNOR 7/14/2026 10:38 AM
7/15/2026Senate
ORDERED ENROLLED
7/3/2026Senate
FULL TITLE AGREED TO
7/3/2026Senate
GIVEN IMMEDIATE EFFECT
7/3/2026Senate
ROLL CALL: ROLL CALL # 215 YEAS 23 NAYS 13 EXCUSED 2 NOT VOTING 0
7/3/2026Senate
HOUSE SUBSTITUTE (H-1) CONCURRED IN
7/3/2026Senate
RULES SUSPENDED FOR IMMEDIATE CONSIDERATION
7/3/2026Senate
returned to Senate
7/3/2026House
inserted full title
7/3/2026House
passed; given immediate effect Roll Call #290 Yeas 95 Nays 13 Excused 0 Not Voting 2
7/3/2026House
read a third time
7/3/2026House
placed on third reading
7/2/2026House
substitute (H-1) adopted
7/2/2026House
read a second time
7/2/2026House
placed on second reading
7/2/2026House
motion to discharge committee approved
7/2/2026House
rule suspended
7/2/2026House
referred to Committee on Judiciary
3/18/2025House
read a first time
3/18/2025House
received on 03/18/2025
3/18/2025House
PASSED ROLL CALL # 36 YEAS 25 NAYS 12 EXCUSED 0 NOT VOTING 0
3/18/2025Senate
PLACED ON ORDER OF THIRD READING
3/5/2025Senate

Bill Text

Public Act
7/24/2026
PDF
As Passed by the House
7/3/2026
PDF
As Passed by the Senate
7/3/2026
PDF
Senate Concurred
7/3/2026
PDF
Introduced
2/12/2025
PDF

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