HB-5785, As Passed Senate, October 2, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SENATE 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.

 

     (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 36 months after the date the amendatory act that

 

added subsection (7) is enacted into law, any cost reasonably

 

related to the actual costs incurred by the trial court 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 March 31 of each year the clerk of the court shall

 

transmit a 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 calendar

 

year:

 

     (a) The name of the court.

 

     (b) The total number of cases in which 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.

 

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

 

administrative office shall compile all data submitted under

 

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

 

written report 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 by the

 

secretary of the senate and the clerk of the house of

 

representatives.

 

     (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).