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HOUSE BILL NO. 6028
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 1200, 1201, 1203, 1205, 1206, and 1209 (MCL
600.1200, 600.1201, 600.1203, 600.1205, 600.1206, and 600.1209),
section 1200 as amended by 2016 PA 215, section 1201 as amended by
2017 PA 164, sections 1203 and 1205 as added by 2012 PA 335,
section 1206 as amended by 2017 PA 161, and section 1209 as amended
by 2013 PA 225.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1200. As used in this chapter: 1
(a) "Department of Veterans Affairs" or "VA" means the United 2
June 02, 2026, Introduced by Reps. McFall, Herzberg, Bierlein, Conlin, St. Germaine, Wozniak,
Greene, Pavlov, Neyer, Robinson and Bruck and referred to Committee on Judiciary.
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States Department of Veterans Affairs. 1
(b) "Domestic violence offense" means any crime alleged to 2
have been committed by an individual against his or her the 3
individual's spouse or former spouse, an individual with whom he or 4
she the individual has a child in common, an individual with whom 5
he or she the individual has had a dating relationship, or an 6
individual who resides or has resided in the same household. 7
(c) "L.E.I.N." means the law enforcement information network 8
regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL 9
28.211 to 28.215. 10
(d) "Mental illness" means a substantial disorder of thought 11
or mood that significantly impairs judgment, behavior, capacity to 12
recognize reality, or ability to cope with the ordinary demands of 13
life, including, but not limited to, post-traumatic stress disorder 14
and psychiatric symptoms associated with traumatic brain injury. 15
(e) "Participant" means an individual who is admitted into a 16
veterans treatment court. 17
(f) "Prosecutor" means the prosecuting attorney of the county, 18
the city attorney, the village attorney, or the township attorney. 19
(g) "Traffic offense" means a violation of the Michigan 20
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a violation of 21
a local ordinance substantially corresponding to a violation of 22
that act, that involves the operation of a vehicle and, at the time 23
of the violation, is a felony or misdemeanor. 24
(h) "Veteran" means an individual who meets both of the 25
following: 26
(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL 27
35.61.Served in the United States Armed Forces, including the 28
reserve components, and, except as otherwise provided in this 29
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subparagraph, was discharged or released under conditions other 1
than dishonorable. If an individual was discharged or released 2
under dishonorable conditions, the individual may qualify as a 3
veteran if the individual has been diagnosed with a service-4
connected substance-use disorder, military sexual trauma, traumatic 5
brain injury, posttraumatic stress disorder, or another mental 6
health condition. 7
(ii) Served at least 180 days of active duty in the armed 8
forces of the United States. 9
(i) "Veteran service organization" or "VSO" means an 10
organization that is accredited by the United States Department of 11
Veterans Affairs, as recognized under 38 CFR 14.628. 12
(j) "Veterans treatment court" or "veterans court" means a 13
court adopted or instituted under section 1201 that provides a 14
supervised treatment program for individuals who are veterans and 15
who abuse or are dependent upon any controlled substance or alcohol 16
or suffer from a mental illness. 17
(k) "Violent offender" means an individual who is currently 18
charged with or has pled guilty to an offense involving the death 19
of , or a serious bodily injury to, any individual, whether or not 20
any of these circumstances are an element of the offense, or an 21
offense that is criminal sexual conduct in any degree. 22
Sec. 1201. (1) A veterans court shall comply with the modified 23
version of the 10 key components of drug treatment courts as 24
promulgated by the Buffalo veterans treatment court, which include 25
all of the following essential characteristics: 26
(a) Integration of alcohol, drug treatment, and mental health 27
services with justice system case processing. 28
(b) Use of a nonadversarial approach; prosecution and defense 29
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counsel promote public safety while protecting participants' due 1
process rights. 2
(c) Early and prompt identification and placement of eligible 3
participants in the veterans treatment court program. 4
(d) Provision of access to a continuum of alcohol, drug, 5
mental health, and related treatment and rehabilitation services. 6
(e) Monitoring of abstinence by frequent alcohol and other 7
drug testing. 8
(f) A coordinated strategy that governs veterans treatment 9
court responses to participants' compliance. 10
(g) Ongoing judicial interaction with each veteran. 11
(h) Monitoring and evaluation to measure the achievement of 12
program goals and gauge effectiveness. 13
(i) Continuing interdisciplinary education that promotes 14
effective veterans treatment court planning, implementation, and 15
operations. 16
(j) Forging of partnerships among veterans treatment court, 17
veterans administration, public agencies, and community-based 18
organizations to generate local support and enhance veteran 19
treatment court effectiveness. 20
(2) The circuit court in any judicial circuit or the district 21
court in any judicial district may adopt or institute a veterans 22
treatment court by statute or court rule if the circuit or district 23
court enters into a memorandum of understanding with each 24
participating prosecuting attorney in the circuit or district court 25
district, a representative of the criminal defense bar, a 26
representative or representatives of community treatment providers, 27
a representative or representatives of veterans service 28
organizations in the circuit or district court district, and a 29
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representative or representatives of the United States Department 1
of Veterans Affairs. However, the memorandum of understanding will 2
only be required to include the prosecuting attorney if the 3
veterans treatment court will include in its program individuals 4
who may be eligible for discharge and dismissal of an offense, a 5
delayed sentence, deferred entry of judgment, or a sentence 6
involving deviation from the sentencing guidelines. The memorandum 7
of understanding also may also include other parties considered 8
necessary, such as any other the prosecutor in the circuit or 9
district court district , or any other prosecutor in the circuit or 10
district court district, local law enforcement, the probation 11
departments in that circuit or district, the local substance abuse 12
coordinating agency for that circuit or district, a domestic 13
violence service provider program that receives funding from the 14
state domestic violence prevention and treatment board, a 15
representative or representatives of the local court funding unit, 16
and community corrections agencies in that circuit or district. The 17
memorandum of understanding must describe the role of each party, 18
and the conditions for which the memorandum of understanding must 19
be renewed and amended. 20
(3) A court that is adopting a veterans treatment court shall 21
participate in training as required by the state court 22
administrative office. 23
(4) A court that has adopted a veterans treatment court under 24
this section may accept participants from any other jurisdiction in 25
this state based upon either the residence of the participant in 26
the receiving jurisdiction or the unavailability of a veterans 27
treatment court in the jurisdiction where the participant is 28
charged. The transfer can occur at any time during the proceedings, 29
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including, but not limited to, prior to adjudication. The receiving 1
court shall have has jurisdiction to impose sentence, including, 2
but not limited to, sanctions, incentives, incarceration, and phase 3
changes. A transfer under this subsection is not valid unless it is 4
agreed to by all of the following: 5
(a) The defendant or respondent. 6
(b) The attorney representing the defendant or respondent. 7
(c) The judge of the transferring court. and the prosecutor of 8
the case. 9
(d) The judge of the receiving veterans treatment court. and 10
the prosecutor of a court funding unit of the veterans treatment 11
court. 12
(5) Beginning January 1, 2018, a veterans treatment court 13
operating in this state, or a circuit court in any judicial circuit 14
or the district court in any judicial district seeking to adopt or 15
institute a veterans treatment court, must be certified by the 16
state court administrative office. The state court administrative 17
office shall establish the procedure for certification. Approval 18
and certification under this subsection of a veterans treatment 19
court is required to begin or to continue the operation of a 20
veterans treatment court under this chapter. The state court 21
administrative office shall not recognize and include a veterans 22
treatment court that is not certified under this subsection on the 23
statewide official list of veterans treatment courts. The state 24
court administrative office shall include a veterans treatment 25
court certified under this subsection on the statewide official 26
list of veterans treatment courts. A veterans treatment court that 27
is not certified under this subsection shall not perform any of the 28
functions of a veterans treatment court, including, but not limited 29
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to, any of the following functions: 1
(a) Charging a fee under section 1206. 2
(b) Discharging and dismissing a case as provided in section 3
1209. 4
(c) Receiving funding under section 1211. 5
(d) Certifying to the secretary of state that an individual is 6
eligible to receive a restricted license under section 1084 of this 7
act and section 304 of the Michigan vehicle code, 1949 PA 300, MCL 8
257.304. 9
Sec. 1203. (1) A veterans treatment court shall determine 10
whether an individual may be admitted to the veterans treatment 11
court. No individual has a right to be admitted into a veterans 12
treatment court. However, an individual is not eligible for 13
admission into a veterans treatment court if he or she the 14
individual is a violent offender. An individual is eligible for 15
admission into a veterans treatment court if he or she the veteran 16
has previously had an offense discharged or dismissed as a result 17
of participation in a veterans treatment court, drug treatment 18
court, or other specialty court, but he or she shall not have the 19
judge shall determine if the veteran may have a subsequent offense 20
discharged or dismissed as a result of participating in the 21
veterans treatment court. 22
(2) In addition to admission to a veterans treatment court 23
under this act, an individual who is eligible for admission under 24
this act may also be admitted to a veterans treatment court under 25
any of the following circumstances: 26
(a) The individual has been assigned the status of youthful 27
trainee under section 11 of chapter II of the code of criminal 28
procedure, 1927 PA 175, MCL 762.11. 29
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(b) The individual has had criminal proceedings against him or 1
her the individual deferred and has been placed on probation under 2
any of the following: 3
(i) Section 7411 of the public health code, 1978 PA 368, MCL 4
333.7411, or a local ordinance or another law of this state, 5
another state, or the United States that is substantially similar 6
to that section. 7
(ii) Section 4a of chapter IX of the code of criminal 8
procedure, 1927 PA 175, MCL 769.4a, or a local ordinance or another 9
law of this state, another state, or the United States that is 10
substantially similar to that section. 11
(iii) Section 350a or 430 of the Michigan penal code, 1931 PA 12
328, MCL 750.350a and 750.430, or a local ordinance or another law 13
of this state, another state, or the United States that is 14
substantially similar to those sections. 15
(3) To be eligible for admission to a veterans treatment 16
court, an individual shall cooperate with and complete a 17
preadmissions screening and evaluation assessment and shall agree 18
to cooperate with any future evaluation assessment as directed by 19
the veterans treatment court. A preadmission screening and 20
evaluation assessment shall must include all of the following: 21
(a) A determination of the individual's veteran status. A 22
review of the DD Form 214 "certificate of release or discharge from 23
active duty" satisfies the requirement of this subdivision. 24
(b) A complete review of the individual's criminal history and 25
whether the individual has been admitted to, has participated in, 26
or is currently participating in a veterans treatment court, drug 27
treatment court, or other specialty court, whether admitted under 28
this act or a law listed under subsection (2), and the results of 29
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the individual's participation. A review of the L.E.I.N. satisfies 1
the requirements of this subdivision unless a further review is 2
warranted. The court may accept other verifiable and reliable 3
information from the prosecution or defense to complete its review 4
and may require the individual to submit a statement as to whether 5
or not he or she the individual has previously been admitted to a 6
veterans treatment court, drug treatment court, or other specialty 7
court, and the results of his or her the individual's participation 8
in the prior program or programs. 9
(c) An assessment of the risk of danger or harm to the 10
individual, others, or the community. 11
(d) A review of the individual's history regarding the use or 12
abuse of any controlled substance or alcohol and an assessment of 13
whether the individual abuses controlled substances or alcohol or 14
is drug or alcohol dependent. It is the intent of the legislature 15
that, to the extent practicable, an assessment under this 16
subdivision shall must be a clinical assessment completed by the 17
VA. 18
(e) A review of the individual's mental health history. It is 19
the intent of the legislature that, to the extent practicable, this 20
assessment shall must be a clinical assessment completed by the VA. 21
(f) A review of any special needs or circumstances of the 22
individual that may potentially affect the individual's ability to 23
receive substance abuse treatment and follow the court's orders. 24
(4) Except as otherwise permitted in this act, any statement 25
or other information obtained as a result of an individual's 26
participation in a preadmission screening and evaluation assessment 27
under subsection (3) is confidential, is exempt from disclosure 28
under the freedom of information act, 1976 PA 442, MCL 15.231 to 29
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15.246, and shall must not be used in a criminal prosecution, 1
except for a statement or information that reveals criminal acts 2
other than personal drug use. 3
(5) The court may request that the department of state police 4
provide to the court information contained in the L.E.I.N. 5
pertaining to an individual applicant's criminal history for the 6
purposes of determining an individual's admission into the veterans 7
treatment court and general criminal history review, including 8
whether the individual has previously been admitted to and 9
participated in a veterans treatment court, drug treatment court, 10
or other specialty court under this act or under a statute listed 11
under subsection (2), and the results of the individual's 12
participation. The department of state police shall provide the 13
information requested by a veterans treatment court under this 14
subsection. 15
Sec. 1205. (1) If the individual being considered for 16
admission to a veterans treatment court is charged in a criminal 17
case, his or her the veteran's admission is subject to all of the 18
following conditions: 19
(a) The offense or offenses allegedly committed by the 20
individual are generally related to the military service of the 21
individual, including the abuse, illegal use, or possession of a 22
controlled substance or alcohol, or mental illness that arises as a 23
result of service. 24
(b) The individual pleads guilty to the charge or charges on 25
the record. 26
(c) The individual waives in writing the right to a speedy 27
trial, the right to representation by an attorney at veterans 28
treatment court review hearings, and, with the agreement of the 29
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prosecutor, the right to a preliminary examination. 1
(d) The individual signs a written agreement to participate in 2
the veterans treatment court. 3
(2) An individual who may be eligible for discharge and 4
dismissal of an offense, delayed sentence, deferred entry of 5
judgment, or deviation from the sentencing guidelines shall not be 6
admitted to a veterans treatment court unless the prosecutor first 7
approves the admission of the individual into the veterans 8
treatment court in conformity with the memorandum of understanding 9
under section 1201(2). 10
(2) (3) An individual shall not be admitted to, or remain in, 11
a veterans treatment court under an agreement that would permit the 12
discharge or dismissal of a traffic offense upon on successful 13
completion of the veterans treatment court program. 14
(3) (4) In addition to rights accorded a victim under the 15
William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 16
780.751 to 780.834, the veterans treatment court shall permit any 17
victim of the offense or offenses of which the individual is 18
charged, any victim of a prior offense of which that individual was 19
convicted, and members of the community in which the offenses were 20
committed or in which the defendant resides to submit a written 21
statement to the court regarding the advisability of admitting the 22
individual into the veterans treatment court. 23
(4) (5) An individual who has waived his or her the 24
individual's right to a preliminary examination and has pled guilty 25
as part of his or her the individual's application to a veterans 26
treatment court and who is not admitted to a veterans treatment 27
court shall be permitted to withdraw his or her the individual's 28
plea and is entitled to a preliminary examination. 29
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Sec. 1206. (1) All of the following conditions apply to an 1
individual admitted to a veterans treatment court: 2
(a) For an individual who is admitted to a veterans treatment 3
court based upon on having a criminal charge currently filed 4
against him or her, the individual, the court shall accept the 5
individual's plea of guilty. 6
(b) One of the following applies to an individual who pled 7
guilty to a criminal charge for which he or she the individual was 8
admitted to a veterans treatment court, as applicable: 9
(i) If the individual pled guilty to an offense that is not a 10
traffic offense and may be eligible for discharge and dismissal 11
under the agreement with the court and prosecutor upon on 12
successful completion of the veterans treatment court program, the 13
court shall not enter a judgment of guilt. 14
(ii) If the individual pled guilty to a traffic offense or 15
another offense but is not eligible for discharge and dismissal 16
under the agreement with the court and prosecutor upon successful 17
completion of the veterans treatment court program, the court shall 18
enter a judgment of guilt. 19
(c) Under the agreement with the individual, and the 20
prosecutor, the court may delay or defer further proceedings as 21
provided in section 1 of chapter XI of the code of criminal 22
procedure, 1927 PA 175, MCL 771.1, or proceed to sentencing, as 23
applicable in that case under that agreement, and place the 24
individual on probation or other court supervision in the veterans 25
treatment court program with terms and conditions according to the 26
agreement and as considered necessary by the court. 27
(2) Unless a memorandum of understanding made pursuant to 28
under section 1088 between a receiving veterans treatment court and 29
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the court of original jurisdiction provides otherwise, the original 1
court of jurisdiction maintains jurisdiction over the veterans 2
treatment court participant as provided in this act until final 3
disposition of the case, but not longer than the probation period 4
fixed under section 2 of chapter XI of the code of criminal 5
procedure, 1927 PA 175, MCL 771.2. 6
(3) The veterans treatment court shall cooperate with, and act 7
in a collaborative manner with, the prosecutor, defense counsel, 8
treatment providers, the local substance abuse coordinating agency 9
for that circuit or district, probation departments, the United 10
States Department of Veterans Affairs, local VSOs in that circuit 11
or district, and, to the extent possible, local law enforcement, 12
the department of corrections, and community corrections agencies. 13
(4) The veterans treatment court may require an individual 14
admitted into the court to pay a veterans treatment court fee that 15
is reasonably related to the cost to the court for administering 16
the veterans treatment court program as provided in the memorandum 17
of understanding under section 1201(2). The clerk of the veterans 18
treatment court shall transmit the fees collected to the treasurer 19
of the local funding unit at the end of each month. 20
(5) The veterans treatment court may request that the 21
department of state police provide to the court information 22
contained in the L.E.I.N. pertaining to an individual applicant's 23
criminal history for purposes of determining the individual's 24
compliance with all court orders. The department of state police 25
shall provide the information requested by a veterans treatment 26
court under this subsection. 27
Sec. 1209. (1) Upon On completion or termination of the 28
veterans treatment court program, the court shall find on the 29
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record or place a written statement in the court file as to whether 1
the participant completed the program successfully or whether the 2
individual's participation in the program was terminated and, if it 3
was terminated, the reason for the termination. 4
(2) If a participant successfully completes probation or other 5
court supervision and the participant's proceedings were deferred 6
or the participant was sentenced under section 1206, the court 7
shall comply with the agreement made with the participant upon on 8
admission into the veterans treatment court, or the agreement as it 9
was altered after admission by the court with approval of the 10
participant and the prosecutor for that jurisdiction as provided in 11
subsections (3) to (8). 12
(3) If an individual is participating in a veterans treatment 13
court under a statute listed in section 1203(2), the court shall 14
proceed under the applicable section of law. There shall be not 15
more than 1 discharge or dismissal under this subsection. 16
(4) Except as provided in subsection (5), the court, with the 17
agreement of the prosecutor and in conformity with the terms and 18
conditions of the memorandum of understanding under section 19
1201(2), may discharge and dismiss the proceedings against an 20
individual who meets all of the following criteria: 21
(a) The individual has participated in a veterans treatment 22
court. for the first time. 23
(b) The individual has successfully completed the terms and 24
conditions of the veterans treatment court program. 25
(c) The individual is not required by law to be sentenced to a 26
correctional facility for the crimes to which he or she the 27
individual has pled guilty. 28
(d) The individual is not currently charged with and has not 29
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pled guilty to a traffic offense. 1
(e) The individual has not previously been subject to more 2
than 1 of any of the following: 3
(i) Assignment to the status of youthful trainee under section 4
11 of chapter II of the code of criminal procedure, 1927 PA 175, 5
MCL 762.11. 6
(ii) The dismissal of criminal proceedings against him or her 7
the individual under section 7411 of the public health code, 1978 8
PA 368, MCL 333.7411, section 4a of chapter IX of the code of 9
criminal procedure, 1927 PA 175, MCL 769.4a, or section 350a or 430 10
of the Michigan penal code, 1931 PA 328, MCL 750.350a and 750.430. 11
(5) The court may grant a discharge and dismissal of a 12
domestic violence offense only if all of the following 13
circumstances apply: 14
(a) The individual has not previously had proceedings 15
dismissed under section 4a of chapter IX of the code of criminal 16
procedure, 1927 PA 175, MCL 769.4a. 17
(b) The domestic violence offense is eligible to be dismissed 18
under section 4a of chapter IX of the code of criminal procedure, 19
1927 PA 175, MCL 769.4a. 20
(c) The individual fulfills the terms and conditions imposed 21
under section 4a of chapter IX of the code of criminal procedure, 22
1927 PA 175, MCL 769.4a, and the discharge and dismissal of 23
proceedings are processed and reported under section 4a of chapter 24
IX of the code of criminal procedure, 1927 PA 175, MCL 769.4a. 25
(6) A discharge and dismissal under subsection (4) shall be is 26
without adjudication of guilt and is not a conviction for purposes 27
of this section or for purposes of disqualifications or 28
disabilities imposed by law upon on conviction of a crime. There 29
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shall be not more than 1 discharge and dismissal under subsection 1
(4) for an individual. The court shall send a record of the 2
discharge and dismissal to the criminal justice information center 3
of the department of state police, and the department of state 4
police shall enter that information into the L.E.I.N. with an 5
indication of participation by the individual in a veterans 6
treatment court. Unless the court enters a judgment of guilt, all 7
records of the proceedings regarding the participation of the 8
individual in the veterans treatment court under subsection (4) are 9
closed to public inspection and are exempt from public disclosure 10
under the freedom of information act, 1976 PA 442, MCL 15.231 to 11
15.246, but shall must be open to the courts of this state, another 12
state, or the United States, the department of corrections, law 13
enforcement personnel, and prosecutors only for use in the 14
performance of their duties or to determine whether an employee of 15
the court, department, law enforcement agency, or prosecutor's 16
office has violated his or her the employee's conditions of 17
employment or whether an applicant meets criteria for employment 18
with the court, department, law enforcement agency, or prosecutor's 19
office. The records and identifications division of the department 20
of state police shall retain a nonpublic record of an arrest and 21
the discharge and dismissal under this subsection. 22
(7) Except as provided in subsection (3), (4), or (5), if an 23
individual has successfully completed probation or other court 24
supervision, the court shall do the following: 25
(a) If the court has not already entered an adjudication of 26
guilt or responsibility, enter an adjudication of guilt. 27
(b) If the court has not already sentenced the individual, 28
proceed to sentencing. 29
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(c) Send a record of the conviction and sentence or the 1
finding or adjudication of responsibility and disposition to the 2
criminal justice information center of the department of state 3
police. The department of state police shall enter that information 4
into the L.E.I.N. with an indication of successful participation by 5
the individual in a veterans treatment court. 6
(8) For a participant whose participation is terminated or who 7
fails to successfully complete the veterans treatment court 8
program, the court shall enter an adjudication of guilt if the 9
entering of guilt was deferred or sentencing was delayed under 10
section 1206 and shall then proceed to sentencing or disposition of 11
the individual for the original charges to which the individual 12
pled guilty prior to admission to the veterans treatment court. 13
Upon on sentencing or disposition of the individual, the court 14
shall send a record of that sentence or disposition and the 15
individual's unsuccessful participation in the veterans treatment 16
court to the criminal justice information center of the department 17
of state police, and the department of state police shall enter 18
that information into the L.E.I.N., with an indication that the 19
individual unsuccessfully participated in a veterans treatment 20
court. 21
Enacting section 1. This amendatory act takes effect 90 days 22
after the date it is enacted into law. 23