HOUSE BILL No. 5785

 

September 9, 2014, Introduced by Reps. Walsh, Pscholka and Rogers and referred to the Committee on Judiciary.

 

     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) Any reasonable cost in addition to any other cost

 

authorized under this section, 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) The court shall make available to the general public and

 

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

 

imposed under subsection (1), including an explanation of any cost

 

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

 

required to include the calculation of the costs involved in a

 

particular case. The amendatory act that added this subsection

 

applies to all fines, costs, and assessments ordered or assessed

 

under this section beginning June 18, 2014.