September 8, 2005, Introduced by Rep. Steil and referred to the Committee on Judiciary.
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 the court has determined after a hearing or trial
that the defendant is guilty, the court may impose and collect any
of the following at the time of sentencing or, if entry of judgment
of guilt is deferred or sentencing is delayed, at the time the
entry of the judgment of guilt is deferred or sentencing is
delayed, or at any time after sentencing or after the judgment of
guilt is deferred or sentencing is delayed:
(a) Any fine.
(b) Any cost, including, but not limited to, a minimum state
cost set forth in section 1j of this chapter.
(c) The cost of providing legal assistance to the defendant.
(d) Any assessment authorized by law, including a
reimbursement set forth in section 1f of this chapter or a crime
victim rights assessment under section 5 of 1989 PA 196, MCL
780.905.
(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 subsection (1) by wage
assignment.
(4) If a defendant who has been ordered to pay any fine, cost,
or assessment under subsection (1) is incarcerated, the sheriff or
department of corrections shall deduct 50% of the funds received by
the defendant in a month over $50.00 for payment of the fine, cost,
or assessment if ordered by the court on a form prescribed by the
state court administrative office. The sheriff or department of
corrections shall promptly forward the fine, cost, or assessment as
provided in the order when the amount exceeds $100.00, or the
entire amount if the defendant is released from custody. The
sheriff or department of corrections shall give an order of
restitution under section 20h of the corrections code of 1953, 1953
PA 232, MCL 791.220h, or the crime victim's rights act, 1985 PA 87,
MCL 780.751 to 780.834, priority over an order received under this
subsection.