Summary — HB 6007 (amendment to MCL 769.4a): Deferred domestic-violence proceedings — access in child custody cases
Status (select dates)
- Electronically reproduced: 09/26/2024; introduced 09/26/2024 (Rep. Stephanie A. Young).
- Reintroduced/Filed in 2025 (multiple entries); referred to Families, Children & Seniors and later to various House committees/subcommittees. The bill has undergone referrals, a period of indefinite postponement and subcommittee action (see Legislative Actions).
- Conditional enactment: the bill “does not take effect unless” a companion bill (SB ___ or HB 6006, request no. 04151'23) is enacted.
Purpose
- To amend Michigan’s deferred-proceedings statute (MCL 769.4a) so that nonpublic records of deferred dispositions in assaultive/domestic-violence cases may be made available to courts — and, if ordered, to parties — in qualified child custody proceedings for use in determining a child’s best interests.
Key provisions (what the bill would do)
- Maintains the existing framework allowing courts to defer proceedings and place an offender on probation (without adjudicating guilt) in certain assault/domestic-violence cases (MCL 750.81 / 750.81a), subject to victim/prosecutor consent and background checks of prior assaultive convictions or prior deferrals.
- Confirms conditions of probation (counseling, drug court participation, possible incarceration up to 12 months within probation, day parole/work-release options).
- Specifies circumstances requiring entry of an adjudication of guilt (e.g., new assault during probation, violation of counseling or no-contact orders).
- Clarifies records handling: deferral proceedings remain nonpublic, but the Department of State Police retains a nonpublic record that is accessible to certain government actors for specific purposes (courts, law enforcement, corrections, prosecutors, DHHS).
- Adds/clarifies access in custody cases: the courts (and, if ordered by the court, the parties) in a “qualified child custody proceeding” may access the deferred-proceeding record for determining the “best interests of the child.”
- Limits discharge/dismissal to one per individual and preserves that a discharge without adjudication is not a conviction for most purposes, while it may count as a prior conviction only for certain future prosecutions under sections 81/81a.
Who would be affected
- Defendants in eligible assaultive/domestic-violence cases (and their alleged victims).
- Family/juvenile courts and judges deciding custody and parenting-time disputes.
- Parties to child custody proceedings (but only when a court orders disclosure).
- Prosecutors, law enforcement, Department of State Police, DHHS (for child/vulnerable adult protection and certain employment screening).
Potential impact and considerations
- Ensures evidence of prior deferred domestic-violence proceedings can be considered in custody determinations even when there was no conviction, potentially influencing custody and parenting-time decisions.
- Balances confidentiality of deferred records with child-safety and judicial access needs by limiting disclosure to courts and ordered parties.
- Requires pre-deferral background checks to avoid repeated deferrals for individuals with prior assaultive convictions or prior deferrals.
Statutory references
- Amends section 4a of chapter IV of the Code of Criminal Procedure (MCL 769.4a); intersects with MCL 750.81 / 750.81a (domestic assault), MCL 722.23 and MCL 722.24b (child custody definitions), and related provisions cited in the bill.
Note: Consult the bill text and current legislative status for the most recent amendments and committee actions.
