HB-5666, As Passed House, March 2, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5666

 

 

 

 

 

 

 

 

 

 

     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 section 4 (MCL 780.904), as amended by 2008 PA 396.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) The crime victim's rights fund is created as a

 

separate fund in the state treasury. The state treasurer shall

 

credit to the fund all amounts received under this act and as

 

provided by law. The state treasurer shall invest fund money in the

 

same manner as surplus funds are invested under section 3 of 1855

 


PA 105, MCL 21.143. Earnings from the fund shall be credited to the

 

fund.

 

     (2) The fund shall be expended only as provided in this act.

 

Amounts in the fund in excess of the necessary revenue determined

 

by the commission under section 3(a) may be used for crime victim

 

compensation under 1976 PA 223, MCL 18.351 to 18.368. Before

 

October 1, 2009, any Any additional excess revenue that has not

 

been used for crime victim compensation may be used to provide any

 

of the following services:

 

     (a) Before October 1, 2010, any of the following services:

 

     (i) (a) The operation and enhancement of the sex offender

 

registry compiled and maintained under the sex offenders

 

registration act, 1994 PA 295, MCL 28.721 to 28.736.

 

     (ii) (b) The Amber alert program under the Michigan Amber alert

 

act, 2002 PA 712, MCL 28.751 to 28.754.

 

     (iii) (c) Treatment services for victims of conduct prohibited

 

under sections 520b to 520g of the Michigan penal code, 1931 PA

 

328, MCL 750.520b to 750.520g.

 

     (iv) (d) Polygraph examination as that term is defined under

 

section 2 of the polygraph protection act of 1981, 1982 PA 44, MCL

 

37.202.

 

     (v) (e) The expert witness testimony of a forensic scientist.

 

     (b) The establishment and maintenance of a statewide trauma

 

system, including staff support associated with trauma and related

 

emergency medical services program activities. Not more than

 

$3,500,000.00 shall be expended for this purpose from the fund in

 

any fiscal year.

 


     (c) Beginning October 1, 2014, the amount expended for the

 

statewide trauma system from the fund shall not exceed 50% of the

 

maximum allowable under subdivision (b), unless the amount expended

 

is reasonably proportional to crime victims' utilization of the

 

statewide trauma system.