HB-5023, As Passed House, October 12, 2005

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5023

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding section 1k to chapter IX.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                                CHAPTER IX

 

     Sec. 1k. (1) If a defendant enters a plea of guilty or nolo

 

contendere or if the court determines after a hearing or trial that

 

the defendant is guilty, both of the following apply at the time of

 

the sentencing or at the time entry of judgment of guilt is

 

deferred pursuant to statute or sentencing is delayed pursuant to

 

statute:

 

     (a) The court shall impose the minimum state costs as set

 

forth in section 1j of this chapter.

 


House Bill No. 5023 (H-4) as amended October 11, 2005

     (b) The court may impose any or all of the following:

 

     (i) Any fine.

 

     (ii) Any cost in addition to the minimum state cost set forth

 

in subdivision (a).

 

     (iii) The expenses of providing legal assistance to the

 

defendant.

 

     (iv) Any assessment authorized by law[.              

 

     (v) Reimbursement under section 1f of this chapter.]

 

     (2) Subsection (1) applies regardless of whether the defendant

 

is placed on probation, probation is revoked, or the defendant is

 

discharged from probation.

 

     (3) The court may require the defendant to pay any fine, cost,

 

or assessment ordered to be paid under this section by wage

 

assignment.

 

     (4) The court may provide for the amounts imposed under this

 

section to be collected at any time.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2006.