Courts: other; Michigan indigent defense commission act; expand duties to include indigent defense of youth...
This means families with children facing legal issues may have access to public legal defense for their youth.
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HB 4070 — 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 — placed on third reading
No card. One bill, free forever — alerts when it moves.
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1Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has been introduced in the House. Introduced June 16, 2026. It must pass committee before a floor vote.
Next likely step: a committee referral and hearing.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
In plain language
The bill expands the Michigan Indigent Defense Commission's duties to include youth defense.
This bill amends the Michigan Indigent Defense Commission Act to cover the legal defense of young people who cannot afford a lawyer. It aims to ensure that youth facing legal proceedings receive effective representation.
What this means for you
- Families: This means families with children facing legal issues may have access to public legal defense for their youth.
Summary
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.
Bill Text
What changed in the latest version
574 added · 510 removedPlain-language change summary
The key change in Bill HB 4070 is the removal of specific wording that outlined the conditions under which a juvenile could be treated as an adult in court. These conditions refer to how juveniles may be tried for felonies based on certain legal petitions and designations by the prosecuting attorney. This amendment simplifies the language, making it clearer and more straightforward, which is important for ensuring that those affected by these laws—such as defendants and their legal representatives—can better understand the rules governing their cases.
SUBSTITUTE FOR HOUSE BILL NO.
4070 FebruaryA 12,bill 2025,to Introducedamend 2013 PA 93, entitled "Michigan indigent defense commission act," by Rep.amending the title and sections 3, 5, 7, 9, 11, 13, 15, 17, 21, and 23 (MCL 780.983, 780.985, 780.987, 780.989, 780.991, 780.993, 780.995, 780.997, 780.1001, and 780.1003), section 3 as amended by PA 108, sections 5, 9, 11, 13, 15, and 17 as amended by 2018 PA 214, and section 7 as amended by 2018 PA 443, and by adding section 14.
Lightner and referred to Committee on Judiciary.
A bill to amend 2013 PA 93, entitled "Michigan indigent defense commission act," by amending the title and sections 3, 5, 7, 9, 11, 13, 15, 17, 21, and 23 (MCL 780.983, 780.985, 780.987, 780.989, 780.991, 780.993, 780.995, 780.997, 780.1001, and 780.1003), section 3 as amended by PA 108, sections 5, 9, 11, 13, 15, and 17 as amended by 2018 PA 214, and section 7 as amended by 2018 PA 443, and by adding section 14.
TITLE SCS H00942'25_HB4070_INTR_1 x9rsby 1 An act to create the Michigan indigent defense commission and to provide for its powers and duties;
to provide certain indigent defendants in criminal and juvenile cases with effective assistance SCS H00942'25 (H-2) xq43rj 1 of counsel;
SCS H00942'25_HB4070_INTR_1 x9rsby 1 (b) "Consumer Price Index" means the annual United States Consumer Price Index for all urban consumers as defined and reported by the United States Department of Labor, Bureau of Labor SCS H00942'25 (H-2) xq43rj 1 Statistics.
(e) "Indigent" means meeting 1 or more of the conditions described in section 11(3).an11(3) inability to obtain competent legal representation for oneself without substantial financial hardship to oneself or one's(4). dependents, as determined using the standards and procedures prescribed by MIDC under section 11.
(f) "Indigent criminal defense services" means local legal defense services provided to a an indigent defendant or youth who and to which both of the following conditions apply:anyapply:is either of the followingfollowing, individuals:as applicable:
(ii) An indigent youth who is, or is alleged to be, under the jurisdiction of the court under section 2(a), (d), or (h) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, in a proceeding in which the youth may be imprisoned or placed in secure detention upon entry of an order of disposition, or in which the youth may be subject to the dispositional alternatives in section 18(c), (d), (e), (k), (l), (n), or (o) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18, beginning not later than the youth's initial appearance in court.
SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 (g) Indigent criminal defense services do not include services authorized to be either of the following:
SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 (l) "Youth" means an individual who is less than 18 years of age and the subject of a delinquency petition.
Opposition (7) Any opposition to a proposed minimum standard may be SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 submitted to the department in a manner prescribed by the department.
(12) (5) Approval An approval of a minimum standard proposed by the MIDC is considered a final department action subject to judicial review under section 28 of article VI of the state constitution of 1963 to determine whether the approved minimum SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 standard is authorized by law.
(3) Subject to subsection (3), subsections (5) to (9), the governor shall appoint the 19 members under this described in SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 subsection (1) as follows:
SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 (m) (l) One member representing the funding unit of a district court from a list of 3 names submitted by the Michigan Townships Association or the Michigan Municipal League.
(6) Of the members appointed under this section, the governor SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 shall appoint no fewer than 2 individuals who are not licensed attorneys and at least 1 individual with substantial knowledge of the juvenile justice system.
SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 At the expiration of that year, or upon the vacancy in the membership of the member appointed chairperson, the The MIDC shall annually elect a chairperson from its membership to serve a 1-year term.
(b) Investigating, auditing, and reviewing the operation of indigent criminal defense services to assure ensure compliance with SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 the commission's minimum standards, rules, and procedures.
SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 (h) Establishing procedures for annually reporting to the governor, the legislature, and the supreme court.
(6) The MIDC policies must be placed in an appropriate manual, made publicly available on a website, and made available to all attorneys and professionals providing indigent criminal defense SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 services, the supreme court, the governor, the senate majority leader, the speaker of the house of representatives, the senate and house appropriations committees, and the senate and house fiscal agencies.
(d) Except for a defendant appearing with retained counsel or those a defendant who have has made an informed waiver of counsel, must each defendant must be screened for eligibility under this act, indigency using the standards and procedures prescribed by the MIDC under subsection (3), and counsel must be assigned as soon as an indigent adult defendant is determined to be eligible for indigent criminal defense services.
(2) The MIDC shall implement minimum standards, rules, and SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 procedures to guarantee the right of indigent defendants to the assistance of counsel as provided under amendment Amendments VI and XIV of the Constitution of the United States and section 20 of article I of the state constitution of 1963.
SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj 1 (3) The Except as provided in subsection (4), the following requirements apply to the application for, and appointment of, indigent criminal defense services under this act:
In determining whether a defendant is entitled to the appointment of counsel, the indigent criminal defense system shall consider whether the defendant is indigent and the extent of his or her the defendant's ability to pay.
Factors to be considered include, but are not limited to, income or funds from employment or any other source, including personal public assistance, to which the defendant is entitled, property owned by the defendant or in which he or she the defendant has an economic interest, outstanding obligations, the number and ages of the defendant's dependents, employment and job training history, and his or her the defendant's level of education.
If an indigent criminal defense system determines that a defendant is partially indigent, the indigent criminal defense system shall determine the amount of money the defendant must contribute to his or her the defendant's defense.
An indigent criminal defense system's determination regarding the amount of SCS H00942'25 (H-2) xq43rj 1 money a partially indigent defendant must contribute to his or her SCSthe H00942'25_HB4070_INTR_1defendant's x9rsby 1 defense is subject to judicial review.
(b) A defendant is considered to be indigent if he or she the defendant is unable, without substantial financial hardship to himself or herself the defendant's or to his or her the defendant's dependents, to obtain competent, qualified legal representation on his or her the defendant's own.
Substantial financial hardship is rebuttably presumed if the defendant receives personal public assistance, including under the food assistance program, temporary assistance for needy families, Medicaid, or disability insurance, resides in public housing, or earns an income less than 140% 200% of the federal poverty guideline.
A defendant is also rebuttably presumed to have a substantial financial hardship if he or she the defendant is currently serving a sentence in a correctional institution or is receiving residential treatment in a mental health or substance abuse facility.
(c) A defendant not falling below the presumptive thresholds described in subdivision (b) must be subjected to a more rigorous screening process to determine if his or her the defendant's particular circumstances, including the seriousness of the charges being faced, his or her the defendant's monthly expenses, and local private counsel rates would result in a substantial hardship if he or she were the defendant was required to retain private counsel.
An indigent criminal SCS H00942'25 (H-2) xq43rj 1 defense system that determines a defendant is not fully indigent but may be partially indigent must utilize the screening process under subdivision (c).
The provisions of subdivision (e) apply to a SCS H00942'25_HB4070_INTR_1 x9rsby 1 partially indigent defendant.
(f) The MIDC shall promulgate objective standards for indigent criminal defense systems to determine the amount a partially indigent defendant must contribute to his or her the defendant's defense.
The standards must include availability of prompt judicial review, under the direction and supervision of the supreme court, if the indigent criminal defense system is making the determination regarding how much a partially indigent defendant must contribute to his or her the defendant's defense.
(g) A defendant is responsible for applying for indigent defense counsel and for establishing his or her the defendant's indigency and eligibility for appointed counsel under this act.
Any oral or written statements made by the defendant in or for use in the criminal proceeding and material to the issue of his or her the defendant's indigency must be made under oath or an equivalent affirmation.
(3)(4) TheExcept MIDCas shallotherwise establishprovided standardsin andthis proceduressubsection, fora youth is considered to be indigent if the determinationyouth ofis indigency.unable, without substantial financial hardship to the youth, or the youth's parent, SCS H00942'25 (H-2) xq43rj 1 parents, legal guardian, guardians, or custodian, to obtain competent, qualified legal representation.
(4)Substantial Thefinancial MIDChardship shallis establishrebuttably standardspresumed forif trainersthe andyouth's organizationsparent, conductingparents, traininglegal thatguardian, receiveguardians, MIDCor fundscustodian utilizes personal public assistance, including under the food assistance program, temporary assistance for trainingneedy andfamilies, education.Medicaid, or disability insurance, resides in public housing, or earns an income less than 200% of the federal poverty guideline.
Show all 81 changed lines (41 more)
The standardslocal establishedindigent underdefense thissystem subsectionwill mustdetermine requireif thata theparent, MIDCguardian, analyzeor thecustodian qualityis ofboth thewilling training, and mustfinancially requireable thatto theretain effectivenesscounsel offor the trainingyouth. SCS H00942'25_HB4070_INTR_1 x9rsby 1 be capable of being measured and validated.measurement and validation.
(5)The Aninability indigentof criminala defenseyouth systemto mayobtain includeparent infinancial itsinformation complianceshall plannot adelay requestor thatprevent theappointment MIDCof servecounsel. as a clearinghouse for experts and investigators.
The income or assets of a parent, parents, legal guardian, guardians, or custodian shall not be considered when any of the following apply:
(a) The youth is a dual ward, a foster youth, or otherwise in state care.
(b) There is a pending abuse or neglect petition involving the youth.
(c) The offense involves allegations against the parent, guardian, or custodian.
(d) The parent, guardian, or custodian is currently serving a sentence in a correctional institution or is receiving residential treatment in a mental health or substance abuse facility, is incapacitated, or their whereabouts are unknown.
(e) The requirement to consider the parent, guardian, or custodian's income would create a conflict of interest or is not reasonably feasible.
(5) (4) The MIDC shall establish standards for trainers and organizations conducting training that receive MIDC funds for SCS H00942'25 (H-2) xq43rj 1 training and education.
The standards established under this subsection must require that the MIDC analyze the quality of the training, and must require that the effectiveness of the training be capable of being measured and validated.measurement and validation.
(6) (5) An indigent criminal defense system may include in its compliance plan a request that the MIDC serve as a clearinghouse for experts and investigators.
A plan submitted under this subsection must specifically address how the minimum standards established by the SCS H00942'25 (H-2) xq43rj 1 MIDC under this act will be met and must include a cost analysis for meeting those minimum standards.
The standards to be addressed in the annual plan are those approved not less than 180 days before SCS H00942'25_HB4070_INTR_1 x9rsby 1 the annual plan submission date.
(5) The MIDC shall submit a report to the governor, the senate majority leader, the speaker of the house of representatives, and the appropriations committees of the senate and house of SCS H00942'25 (H-2) xq43rj 1 representatives requesting the appropriation of funds necessary to implement compliance plans after all the systems compliance plans are approved by the MIDC.
For standards approved after January 1, SCS H00942'25_HB4070_INTR_1 x9rsby 1 2018, the MIDC shall include a cost analysis for each minimum standard in the report and shall also provide a cost analysis for each minimum standard approved on or before January 1, 2018, if a cost analysis for each minimum standard approved was not provided, and shall do so not later than October 31, 2018.
If the MIDC determines that funding in excess of the indigent criminal defense system's share is necessary in order to bring its system into compliance with the minimum standards established by the MIDC, that excess funding must be paid by this SCS H00942'25 (H-2) xq43rj 1 state.
The legislature shall appropriate to the MIDC the additional funds necessary for a an indigent defense system to meet and maintain those minimum standards, which must be provided to SCS H00942'25_HB4070_INTR_1 x9rsby 1 indigent criminal defense systems through grants as described in subsection (8).
(10) (11) Within Not later than 180 days after receiving funds from the MIDC under subsection (8), (7), an indigent criminal defense system shall comply with the terms of the grant in bringing SCS H00942'25 (H-2) xq43rj 1 its system into compliance with the minimum standards established by the MIDC for effective assistance of counsel.
The terms of a grant may allow an indigent criminal defense system to exceed 180 SCS H00942'25_HB4070_INTR_1 x9rsby 1 days for compliance with a specific item needed to meet minimum standards if necessity is demonstrated in the indigent criminal defense system's compliance plan.
(14) (15) If an indigent criminal defense system does not SCS H00942'25 (H-2) xq43rj 1 fully expend a grant toward its costs of compliance, its grant in the second succeeding fiscal year must be reduced by the amount equal to the unexpended funds.
Identified unexpended grant funds SCS H00942'25_HB4070_INTR_1 x9rsby 1 must be reported by indigent criminal defense systems on or before October 31 of each year.
to implement its minimum SCS H00942'25 (H-2) xq43rj 1 standards and to ensure that indigent defense systems comply with the minimum standards.
The remaining 80% of the funds collected under this subsection may be retained by the indigent criminal SCS H00942'25_HB4070_INTR_1 x9rsby 1 defense system for purposes of reimbursing the costs of collecting the funds under this subsection and funding indigent defense in the subsequent fiscal year.
(5) The MIDC shall notify the senate and house of representatives subcommittees on the department, the senate and SCS H00942'25 (H-2) xq43rj 1 house fiscal agencies, the senate and house policy offices, and the state budget office not more than 30 days after of both of the following:
(a) The MIDC recommends a new or revised standard to the department for approval.
(b) The director of the department approves the adoption of any new or revised indigent defense standard.
(6) The notification under subsection (5) must include an estimated cost projection to fund the adopted indigent defense standard for the initial and subsequent fiscal years.
(7) No later than March 1 of each year, the MIDC shall submit a report to the senate and house of representatives subcommittees on the department, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office that contains all of the following information:
(a) A detailed list of the total amount approved for each funding unit for the previous fiscal year to implement all approved indigent defense standards.
The list must include the amount of state funding and local share for each system.
(b) A list of expenditures by category for the previous fiscal year for each funding unit.
(c) A comparison of the total system cost for the prior 2 fiscal years organized by MIDC region.
(1) Except as provided in section 5, if a dispute arises between the MIDC and an indigent criminal defense system concerning the requirements of this act, including a dispute concerning the approval of an indigent criminal defense system's annual plan , or cost analysis, or compliance with section 13 or SCS H00942'25_HB4070_INTR_1 x9rsby 1 17, the parties shall attempt to resolve the dispute by mediation.
SCS H00942'25 (H-2) xq43rj 1 The state court administrator, as authorized by the supreme court, shall appoint a mediator agreed to by the parties within not later than 30 calendar days of after the mailing or emailing date of the official notification of the third disapproval by the MIDC under section 13(4) to mediate the dispute and shall facilitate the mediation process.
(a) The mediator may submit his or her a recommendation of how the dispute should be resolved to the MIDC within not later than 30 SCS H00942'25_HB4070_INTR_1 x9rsby 1 calendar days of after the conclusion of mediation for the MIDC's SCS H00942'25 (H-2) xq43rj 1 consideration.
The state court administrator, as authorized by the supreme court, shall assign an active or retired judge from a judicial circuit other SCS H00942'25_HB4070_INTR_1 x9rsby 1 than the judicial circuit where the action was filed to hear the SCS H00942'25 (H-2) xq43rj 1 case.
(8) (7) If the court orders the MIDC to provide indigent criminal defense services on behalf of an indigent criminal defense system, the court shall order the system to pay the following amount of the state's costs that the MIDC determines are necessary in order to bring the indigent criminal defense system into SCS H00942'25_HB4070_INTR_1 x9rsby 1 compliance with the minimum standards established by the MIDC:
SCS H00942'25 (H-2) xq43rj 1 (a) In the first year, 20% of the state's costs.
SCS H00942'25_HB4070_INTR_1 x9rsby 1 Sec.
(1) Nothing in this act shall be construed to SCS H00942'25 (H-2) xq43rj 1 overrule, expand, or extend, either directly or by analogy, any decisions reached by the United States supreme court Supreme Court or the supreme court of this state regarding the effective assistance of counsel.
Final Page SCS H00942'25_HB4070_INTR_1H00942'25 x9rsby(H-2) xq43rj
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View plain text versions (2)
- Substitute Substitute (H-2) Current pdf
- Introduced House Introduced Bill pdf
Action History
-
placed on third reading
Sponsors
- Sarah Lightner · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 146 not signed on
Sponsors (1)
- Sarah Lightner Republican
Co-sponsors (0)
None.
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HB 4070 do?
- 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.
- Who sponsors HB 4070?
- HB 4070 is sponsored by Sarah Lightner (Republican).
- What is the current status of HB 4070?
- This bill has been introduced in the House. Introduced June 16, 2026. It must pass committee before a floor vote.
- Where can I track HB 4070?
- Track HB 4070 free on One Click Politics — get push/email alerts when it moves.
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