SB-0520, As Passed Senate, February 20, 2014

SUBSTITUTE FOR

SENATE BILL NO. 520

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 165 (MCL 750.165), as amended by 2004 PA 570.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 165. (1) If the court orders an individual to pay support

for the individual's former or current spouse, or for a child of

the individual, and the individual does not pay the support in the

amount or at the time stated in the order, the individual is guilty

of a felony punishable by imprisonment for not more than 4 years or

by a fine of not more than $2,000.00, or both.

     (2) This section does not apply unless the court in which the

support order was issued had personal jurisdiction over the

individual ordered to pay support. appeared in, or received notice

by personal service of, the action in which the support order was

issued.

     (3) Unless the individual deposits a cash bond of not less

than $500.00 or 25% of the arrearage, whichever is greater, upon

arrest for a violation of this section, the individual shall remain

in custody until the arraignment. If the individual remains in

custody, the court shall address the amount of the cash bond at the

arraignment and at the preliminary examination and, except for good

cause shown on the record, shall order the bond to be continued at

not less than $500.00 or 25% of the arrearage, whichever is

greater. At the court's discretion, the court may set the cash bond

at an amount not more than 100% of the arrearage and add to that

amount the amount of the costs that the court may require under

section 31(3) of the support and parenting time enforcement act,

1982 PA 295, MCL 552.631. The court shall specify that the cash

bond amount be entered into the L.E.I.N. law enforcement

information network. If a bench warrant under section 31 of the

support and parenting time enforcement act, 1982 PA 295, MCL

552.631, is outstanding for an individual when the individual is

arrested for a violation of this section, the court shall notify

the court handling the civil support case under the support and

parenting time enforcement act, 1982 PA 295, MCL 552.601 to

552.650, that the bench warrant may be recalled.

     (4) The court may suspend the sentence of an individual

convicted under this section if the individual files with the court

a bond in the amount and with the sureties the court requires. At a

minimum, the bond must be conditioned on the individual's

compliance with the support order. If the court suspends a sentence

under this subsection and the individual does not comply with the

support order or another condition on the bond, the court may order

the individual to appear and show cause why the court should not

impose the sentence and enforce the bond. After the hearing, the

court may enforce the bond or impose the sentence, or both, or may

permit the filing of a new bond and again suspend the sentence. The

court shall order a support amount enforced under this section to

be paid to the clerk or friend of the court or to the state

disbursement unit.

     (5) An order for restitution for a violation of this section

shall not include a separate award for the unpaid amount in

arrearage under the support order. The restitution order shall

reference the support order and direct the individual to pay the

unpaid amount in arrearage under the support order pursuant to the

support order. The court may impose such terms and conditions in

the restitution order as are appropriate to ensure compliance with

payment of the arrearage due under the support order. The court may

order additional restitution as provided under the William Van

Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to

780.834.

(6) (5) As used in this section, "state disbursement unit" or

"SDU" means the entity established in section 6 of the office of

child support act, 1971 PA 174, MCL 400.236.