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.]