HB-5785, As Passed House, September 18, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5785

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 1k of chapter IX (MCL 769.1k), as amended by

 

2006 PA 655.

 

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. 5785 (H-2) as amended September 17, 2014

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

 

     (i) Any fine authorized by the statute for a violation of which

 

the defendant entered a plea of guilty or nolo contendere or the

 

court determined that the defendant was guilty.

 

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

 

in subdivision (a).authorized by the statute for a violation of

 

which the defendant entered a plea of guilty or nolo contendere or

 

the court determined that the defendant was guilty.

 

     (iii) [Until 27 months after the date the amendatory act that added

 subsection (7) is enacted into law, any] cost reasonably related to the actual costs [without separately calculating those costs involved in the

 

particular case,] including, but not limited to, the following:

 

     (A) Salaries and benefits for relevant court personnel.

 

     (B) Goods and services necessary for the operation of the

 

court.

 

     (C) Necessary expenses for the operation and maintenance of

 

court buildings and facilities.

 

     (iv) (iii) The expenses of providing legal assistance to the

 

defendant.

 

     (v) (iv) Any assessment authorized by law.

 

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

 

     (2) In addition to any fine, cost, or assessment imposed under

 

subsection (1), the court may order the defendant to pay any

 

additional costs incurred in compelling the defendant's appearance.

 

     (3) Subsections (1) and (2) apply even if the defendant is

 

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

 

discharged from probation.

 

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

 

or assessment ordered to be paid under this section by wage

 


assignment.

 

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

 

section to be collected at any time.

 

     (6) Except as otherwise provided by law, the court may apply

 

payments received on behalf of a defendant that exceed the total of

 

any fine, cost, fee, or other assessment imposed in the case to any

 

fine, cost, fee, or assessment that the same defendant owes in any

 

other case.

 

     (7) Beginning January 1, 2015, the court shall make available

 

to a defendant information about any fine, cost, or assessment

 

imposed under subsection (1), including information about any cost

 

imposed under subsection (1)(b)(iii). However, the information is not

 

required to include the calculation of the costs involved in a

 

particular case.

 

     (8) If the court imposes any cost under subsection (1)(b)(iii),

 

no later than December 31 of each year the clerk of the court shall

 

transmit a written report to the state court administrative office

 

in a manner prescribed by the state court administrative office

 

that contains all of the following information for the previous

 

fiscal year:

 

     (a) The name of the court.

 

     (b) The total number of defendants upon whom costs under

 

subsection (1)(b)(iii) were imposed by that court.

 

     (c) The total amount of costs that were imposed by that court

 

under subsection (1)(b)(iii).

 

     (d) The total amount of costs imposed under subsection

 

(1)(b)(iii) that were collected by that court.

 


House Bill No. 5785 (H-2) as amended September 17, 2014

     (9) No later than March 1 of each year, the state court

 

administrative office shall compile all data submitted under

 

subsection (8) during the preceding fiscal year and submit a

 

written report comparing counties in this state to the governor,

 

the secretary of the senate, and the clerk of the house of

 

representatives. The report described in this subsection shall be

 

made available to the public.

[(10) a defendant shall not be imprisoned, jailed, or incarcerated for the nonpayment of costs ordered under This section unless the court determines that the defendant has the resources to pay the ordered costs and has not made a gooD-faith effort to do so.]

     Enacting section 1. This amendatory act applies to all fines,

 

costs, and assessments ordered or assessed under section 1k of

 

chapter IX of the code of criminal procedure, 1927 PA 175, MCL

 

769.1k, before June 18, 2014, and after the effective date of this

 

amendatory act.

 

     Enacting section 2. This amendatory act is a curative measure

 

that addresses the authority of courts to impose costs under

 

section 1k of chapter IX of the code of criminal procedure, 1927 PA

 

175, MCL 769.1k, before the issuance of the supreme court opinion

 

in People v Cunningham, ______Mich______(2014) (No. 147437 released

 

June 18, 2014).