HB-4798, As Passed House, October 12, 2005

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4798

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1989 PA 196, entitled

 

"An act to abolish the criminal assessments commission; to

prescribe certain duties of the crime victim services commission;

to create the crime victim's rights fund; to provide for

expenditures from the fund; to provide for assessments against

criminal defendants and certain juvenile offenders; to provide for

payment of crime victim's rights services; and to prescribe the

powers and duties of certain state and local agencies and

departments,"

 

by amending sections 5 and 6 (MCL 780.905 and 780.906), section 5

 

as amended by 1996 PA 520 and section 6 as amended by 1993 PA 345.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) The court shall order each person  convicted of  

 

charged with an offense that is a felony,  to pay an assessment of

 

$60.00 and each person convicted of  a serious misdemeanor, or a

 

specified misdemeanor, that is resolved by conviction, by

 

assignment of the defendant to youthful trainee status, by a

 


delayed sentence or deferred entry of judgment of guilt, or in

 

another way that is not an acquittal or unconditional dismissal, to

 

pay an assessment  of $50.00.  as follows:

 

     (a) If the offense is a felony, $60.00.

 

     (b) If the offense is a serious misdemeanor or a specified

 

misdemeanor, $50.00.

 

     (2) The court shall order a defendant to pay only 1 assessment

 

under  this  subsection (1) per criminal case. Payment of the

 

assessment shall be a condition of a probation order entered under

 

chapter XI of the code of criminal procedure,  Act No. 175 of the

 

Public Acts of 1927, being sections 771.1 to 771.14a of the

 

Michigan Compiled Laws  1927 PA 175, MCL 771.1 to 771.14a, or a

 

parole order entered under section 36 of  Act No. 232 of the Public

 

Acts of 1953, being section 791.236 of the Michigan Compiled Laws  

 

the corrections code of 1953, 1953 PA 232, MCL 791.236.

 

     (3)  (2)  The court shall order each juvenile for whom the

 

court enters an order of disposition for a juvenile offense to pay

 

an assessment of $20.00. The court shall order a juvenile to pay

 

only 1 assessment under this subsection per case.

 

     (4)  (3)  Except as otherwise provided under this act, an

 

assessment under this section shall be used to pay for crime

 

victim's rights services.

 

     (5)  (4)  If a defendant ordered to pay an assessment under

 

this act posted a cash bond or bail deposit in connection with the

 

case, the court shall order the assessment collected out of that

 

bond or deposit as provided in section 15 of chapter V and section

 

22 of chapter XV of the code of criminal procedure,  Act No. 175 of

 


the Public Acts of 1927, being sections 765.15 and 775.22 of the

 

Michigan Compiled Laws  1927 PA 175, MCL 765.15 and 775.22, or

 

section 6 or 7 of  Act No. 257 of the Public Acts of 1966, being

 

sections 780.66 and 780.67 of the Michigan Compiled Laws  1966 PA

 

257, MCL 780.66 and 780.67.

 

     (6)  (5)  If a person is subject to any combination of fines,

 

costs, restitution, assessments, or payments arising out of the

 

same criminal or juvenile proceeding, money collected from that

 

person for the payment of fines, costs, restitution, assessments,

 

or other payments shall be allocated as provided in section 22 of

 

chapter XV of  Act No. 175 of the Public Acts of 1927  the code of

 

criminal procedure, 1927 PA 175, MCL 775.22, or section 29 of

 

chapter XIIA of  Act No. 288 of the Public Acts of 1939, being

 

section 712A.29 of the Michigan Compiled Laws  the probate code of

 

1939, 1939 PA 288, MCL 712A.29.

 

     (7)  (6)  The clerk of the court shall do both of the

 

following on the last day of each month:

 

     (a) Transmit 90% of the assessments received under this

 

section to the department of treasury with a written report of

 

those assessments as the department of treasury prescribes. To

 

provide funding for costs incurred under this section and for

 

providing crime victim's rights services, the court may retain 10%

 

of the assessments received under this section and transmit that

 

amount to the court's funding unit.

 

     (b) Transmit a written report to the department on a form the

 

department prescribes containing all of the following information

 

for that month:

 


     (i) The name of the court.

 

     (ii) The total number of criminal convictions or dispositions

 

for offenses that if committed by an adult would be criminal

 

obtained in that court.

 

     (iii) The total number of defendants or juveniles against whom

 

an assessment was imposed by that court.

 

     (iv) The total amount of assessments imposed by that court.

 

     (v) The total amount of assessments collected by that court.

 

     (vi) Other information required by the department.

 

     Sec. 6. (1) The department shall establish service and funding

 

levels for the courts, departments, and local agencies that receive

 

funds  money under this act.

 

     (2) A disbursement to cover the funding level established by

 

the department shall be annually distributed to eligible

 

departments and local agencies.

 

     (3) If the amount retained by the clerk of a court pursuant to

 

section  5(6)  5(7) is less than the service and funding level for

 

the court established under subsection (1), a disbursement to cover

 

the difference between the amount retained and the funding level

 

established by the department shall be annually distributed to an

 

eligible court.

 

     (4) A department or local agency that provides crime victim's

 

rights services may apply quarterly to the department for an

 

adjustment to the funding level established pursuant to subsection

 

(1). The application shall be on a form provided by the department.

 

The department shall disburse an adjustment to the funding level to

 

an eligible department or local agency.

 


House Bill No. 4798 (H-2) as amended October 11, 2005

     (5) A court that provides crime victim's rights services may

 

apply annually to the department for compensation for the cost of

 

those services to that court in excess of the greater of the amount

 

retained under section  5(6)  5(7) or the funding level for the

 

court established pursuant to subsection (1). The application shall

 

be on a form provided by the department.

 

     (6) The department shall compensate units of government for

 

the actual and reasonable administrative costs incurred by those

 

units of government under this act.

     [Enacting section 1. This amendatory act takes effect January 1, 2006.]