SENATE BILL No. 873

 

 

April 12, 2016, Introduced by Senators JONES, O'BRIEN, SCHUITMAKER and HORN and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1985 PA 87, entitled

 

"William Van Regenmorter crime victim's rights act,"

 

by amending sections 16, 16a, 44, 44a, 45, and 76 (MCL 780.766,

 

780.766a, 780.794, 780.794a, 780.795, and 780.826), sections 16,

 

44, and 76 as amended by 2013 PA 139, sections 16a and 44a as

 

amended by 2006 PA 461, and section 45 as amended by 1996 PA 562;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16. (1) As used in this section only, "victim" means an

 

individual who suffers direct or threatened physical, financial, or

 

emotional harm as a result of the commission of a crime.

 

defendant's course of conduct. As used in subsections (2), (3),

 

(6), (8), (9), (7), (9), (10), and (13) (14) only, victim includes

 

a sole proprietorship, partnership, corporation, association,

 


governmental entity, or any other legal entity that suffers direct

 

physical or financial harm as a result of a crime.the defendant's

 

course of conduct.

 

     (2) Except as provided in subsection (8), (9), when sentencing

 

a defendant convicted of a crime, the court shall order, in

 

addition to or in lieu of any other penalty authorized by law or in

 

addition to any other penalty required by law, that the defendant

 

make full restitution to any victim of the defendant's course of

 

conduct that gives gave rise to the conviction or to those entitled

 

to inherit the victim's estate. For an offense that is resolved by

 

assignment of the defendant to youthful trainee status, by a

 

delayed sentence or deferred judgment of guilt, or in another way

 

that is not an acquittal or unconditional dismissal, the court

 

shall order the restitution required under this section.

 

     (3) If a crime results in damage to or loss or destruction of

 

property of a victim of the crime or results in the seizure or

 

impoundment of property of a victim of the crime, the order of

 

restitution shall require that the defendant do 1 or more of the

 

following, as applicable:

 

     (a) Return the property to the owner of the property or to a

 

person designated by the owner.

 

     (b) If damaged personal or real property can be repaired to

 

restore the property to its condition before the defendant's or

 

respondent's course of criminal conduct, pay an amount equal to the

 

repair cost. One or more repair estimates may be used as a basis

 

for restitution.

 

     (c) (b) If return of the property under subdivision (a) is


impossible, impractical, or inadequate, or if repair of the

 

property under subdivision (b) is impossible, impractical, or

 

inadequate, pay an amount equal to the greater of subparagraph (i)

 

or (ii), less the value, determined as of the date the property is

 

returned, of that property or any part of the property that is

 

returned:

 

     (i) The fair market value of the property on the date of the

 

damage, loss, or destruction. However, if the fair market value of

 

the property cannot be determined or is impractical to ascertain,

 

then the replacement value of the property shall be utilized in

 

lieu of the fair market value.

 

     (ii) The fair market value of the property on the date of

 

sentencing. However, if the fair market value of the property

 

cannot be determined or is impractical to ascertain, then the

 

replacement value of the property shall be utilized in lieu of the

 

fair market value.

 

     (d) (c) Pay the costs of the seizure or impoundment, or both.

 

     (4) If a crime results in physical or psychological injury to

 

a victim, the order of restitution shall require that the defendant

 

do 1 or more of the following, as applicable:

 

     (a) Pay an amount equal to the reasonably determined cost of

 

medical and related professional services and devices actually

 

incurred and reasonably expected to be incurred relating to

 

physical and psychological care.

 

     (b) Pay an amount equal to the reasonably determined cost of

 

physical and occupational therapy and rehabilitation actually

 

incurred and reasonably expected to be incurred.


     (c) Reimburse the victim or those entitled to inherit the

 

victim's estate for after-tax income loss suffered by the victim as

 

a result of the crime.

 

     (d) Pay an amount equal to the reasonably determined cost of

 

psychological and medical treatment for members of the victim's

 

family actually incurred and reasonably expected to be incurred as

 

a result of the crime.

 

     (e) Pay an amount equal to the reasonably determined costs of

 

homemaking and child care expenses actually incurred and reasonably

 

expected to be incurred as a result of the crime or, if homemaking

 

or child care is provided without compensation by a relative,

 

friend, or any other person, an amount equal to the costs that

 

would reasonably be incurred as a result of the crime for that

 

homemaking and child care, based on the rates in the area for

 

comparable services.

 

     (f) Pay an amount equal to the cost of actual funeral and

 

related services.

 

     (g) If the deceased victim could be claimed as a dependent by

 

his or her parent or guardian on the parent's or guardian's

 

federal, state, or local income tax returns, pay an amount equal to

 

the loss of the tax deduction or tax credit. The amount of

 

reimbursement shall be estimated for each year the victim could

 

reasonably be claimed as a dependent.

 

     (h) Pay an amount equal to income actually lost by the spouse,

 

parent, sibling, child, or grandparent of the victim because the

 

family member left his or her employment, temporarily or

 

permanently, to care for the victim because of the injury.


     (5) If a crime resulting in bodily injury also results in the

 

death of a victim or serious impairment of a body function of a

 

victim, the court may order up to 3 times the amount of restitution

 

otherwise allowed under this section. As used in this subsection,

 

"serious impairment of a body function of a victim" includes, but

 

is not limited to, 1 or more of the following:

 

     (a) Loss of a limb or use of a limb.

 

     (b) Loss of a hand or foot or use of a hand or foot.

 

     (c) Loss of an eye or use of an eye or ear.

 

     (d) Loss or substantial impairment of a bodily function.

 

     (e) Serious visible disfigurement.

 

     (f) A comatose state that lasts for more than 3 days.

 

     (g) Measurable brain damage or mental impairment.

 

     (h) A skull fracture or other serious bone fracture.

 

     (i) Subdural hemorrhage or subdural hematoma.

 

     (j) Loss of a body organ.

 

     (6) When sentencing a defendant convicted of an offense

 

described in chapter LXVIIA of the Michigan penal code, 1931 PA

 

328, MCL 750.462a to 750.462h, the court shall order the defendant

 

to pay all of the following:

 

     (a) Lost income, calculated by whichever of the following

 

methods results in the largest amount:

 

     (i) The gross amount received by the defendant from or the

 

value to the defendant of the victim's labor or services.

 

     (ii) The value of the victim's labor or services as calculated

 

under the workforce opportunity wage act, 2014 PA 138, MCL 408.411

 

to 408.424, or the federal minimum wage, whichever results in the


largest value.

 

     (b) The cost of transportation, temporary housing, and child

 

care expenses incurred by the victim because of the offense.

 

     (c) Attorney fees and other costs and expenses incurred by the

 

victim because of the offense, including, but not limited to, costs

 

and expenses relating to assisting the investigation of the offense

 

and for attendance at related court proceedings as follows:

 

     (i) Wages lost.

 

     (ii) Child care.

 

     (iii) Transportation.

 

     (iv) Parking.

 

     (d) Any other loss suffered by the victim as a proximate

 

result of the offense.

 

     (7) (6) If the a victim or victim's estate consents or those

 

entitled to inherit the victim's estate consent, the order of

 

restitution may require that the defendant make restitution in

 

services in lieu of money.

 

     (8) (7) If the a victim is deceased or dies, the court shall

 

order that the restitution or remaining restitution be made to

 

those entitled to inherit from the victim's estate.

 

     (9) (8) The court shall order restitution to the crime victim

 

services commission or to any individuals, partnerships,

 

corporations, associations, governmental entities, or other legal

 

entities that have compensated the a victim or those entitled to

 

inherit the victim's estate for a loss incurred by the victim to

 

the extent of the compensation paid for that loss. The court shall

 

also order restitution for the costs of services provided to


persons or entities that have provided services to the a victim as

 

a result of the crime. Services that are subject to restitution

 

under this subsection include, but are not limited to, shelter,

 

food, clothing, and transportation. However, an order of

 

restitution shall require that all restitution to a victim or those

 

entitled to inherit the victim's estate under the order be made

 

before any restitution to any other person or entity under that

 

order is made. The court shall not order restitution to be paid to

 

a victim or to those entitled to inherit the victim's estate if the

 

victim has or those entitled to inherit the victim's estate has

 

have received or is are to receive compensation for that loss, and

 

the court shall state on the record with specificity the reasons

 

for its action.

 

     (10) (9) Any amount paid to a victim or those entitled to

 

inherit the victim's estate under an order of restitution shall be

 

set off against any identical amount later recovered as

 

compensatory damages by the victim or those entitled to inherit the

 

victim's estate in any federal or state civil proceeding and shall

 

reduce the amount payable to a victim or a those entitled to

 

inherit the victim's estate by an award from the crime victim

 

services commission made after an order of restitution under this

 

section.

 

     (11) (10) If not otherwise provided by the court under this

 

subsection, restitution shall be made immediately. However, the

 

court may require that the defendant make restitution under this

 

section within a specified period or in specified installments.

 

     (12) (11) If the defendant is placed on probation or paroled


or the court imposes a conditional sentence as provided in section

 

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

 

769.3, any restitution ordered under this section shall be a

 

condition of that probation, parole, or sentence. The court may

 

revoke probation or impose imprisonment under the conditional

 

sentence and the parole board may revoke parole if the defendant

 

fails to comply with the order and if the defendant has not

 

complied or made a good faith good-faith effort to comply with the

 

order. In determining whether to revoke probation or parole or

 

impose imprisonment, the court or parole board shall consider the

 

defendant's employment status, earning ability, and financial

 

resources, the willfulness of the defendant's failure to pay, and

 

any other special circumstances that may have a bearing on the

 

defendant's ability to pay.

 

     (13) (12) Subject to subsection (18), (19), a defendant who is

 

required to pay restitution and who is not in willful default of

 

the payment of the restitution may at any time petition the

 

sentencing judge or his or her successor to modify the method of

 

payment. If the court determines that payment under the order will

 

impose a manifest hardship on the defendant or his or her immediate

 

family, and if the court also determines that modifying the method

 

of payment will not impose a manifest hardship on the victim, the

 

court may modify the method of payment.

 

     (14) (13) An order of restitution entered under this section

 

remains effective until it is satisfied in full. An order of

 

restitution is a judgment and lien against all property of the

 

defendant for the amount specified in the order of restitution. The


lien may be recorded as provided by law. An order of restitution

 

may be enforced by the prosecuting attorney, a victim, a those

 

entitled to inherit the victim's estate, or any other person or

 

entity named in the order to receive the restitution in the same

 

manner as a judgment in a civil action or a lien.

 

     (15) (14) Notwithstanding any other provision of this section,

 

a defendant shall not be imprisoned, jailed, or incarcerated for a

 

violation of probation or parole or otherwise for failure to pay

 

restitution as ordered under this section unless the court or

 

parole board determines that the defendant has the resources to pay

 

the ordered restitution and has not made a good faith good-faith

 

effort to do so.

 

     (16) (15) If the court determines that a juvenile is or will

 

be unable to pay all of the restitution ordered to be paid to a

 

person other than his or her parent, after notice to the juvenile's

 

parent or parents and an opportunity for the parent or parents to

 

be heard the court may order the parent or parents having

 

supervisory responsibility for the juvenile at the time of the acts

 

upon which an order of restitution is based to pay any portion of

 

the restitution ordered that is outstanding. An order under this

 

subsection does not relieve the juvenile of his or her obligation

 

to pay restitution as ordered, but the amount owed by the juvenile

 

shall be offset by any amount paid by his or her parent. As used in

 

this subsection:

 

     (a) "Juvenile" means a person within the court's jurisdiction

 

under section 2d or 4 of chapter XIIA of the probate code of 1939,

 

1939 PA 288, MCL 712A.2d and 712A.4.


     (b) "Parent" does not include a foster parent.

 

     (17) (16) If the court orders a parent to pay restitution

 

under subsection (15), (16), the court shall take into account the

 

parent's financial resources and the burden that the payment of

 

restitution will impose, with due regard to any other moral or

 

legal financial obligations the parent may have. If a parent is

 

required to pay restitution under subsection (15), (16), the court

 

shall provide for payment to be made in specified installments and

 

within a specified period of time.

 

     (18) (17) A parent who has been ordered to pay restitution

 

under subsection (15) (16) may petition the court for a

 

modification of the amount of restitution owed by the parent or for

 

a cancellation of any unpaid portion of the parent's obligation.

 

The court shall cancel all or part of the parent's obligation due

 

if the court determines that payment of the amount due will impose

 

a manifest hardship on the parent and if the court also determines

 

that modifying the method of payment will not impose a manifest

 

hardship on the victim.

 

     (19) (18) In each case in which payment of restitution is

 

ordered as a condition of probation, the court shall order any

 

employed defendant to make regularly scheduled restitution

 

payments. If the defendant misses 2 or more regularly scheduled

 

payments, the court shall order the defendant to execute a wage

 

assignment to pay the restitution. The probation officer assigned

 

to the case shall review the case not less than twice yearly to

 

ensure that restitution is being paid as ordered. If the

 

restitution was ordered to be made within a specific period of


time, the probation officer assigned to the case shall review the

 

case at the end of the specific period of time to determine if the

 

restitution has been paid in full. The final review shall be

 

conducted not less than 60 days before the probationary period

 

expires. If the probation officer determines at any review that

 

restitution is not being paid as ordered, the probation officer

 

shall file a written report of the violation with the court on a

 

form prescribed by the state court administrative office or shall

 

petition the court for a probation violation. The report or

 

petition shall include a statement of the amount of the arrearage

 

and any reasons for the arrearage known by the probation officer.

 

The probation officer shall immediately provide a copy of the

 

report or petition to the prosecuting attorney. If a petition or

 

motion is filed or other proceedings are initiated to enforce

 

payment of restitution and the court determines that restitution is

 

not being paid or has not been paid as ordered by the court, the

 

court shall promptly take action necessary to compel compliance.

 

     (20) (19) If a defendant who is ordered to pay restitution

 

under this section is remanded to the jurisdiction of the

 

department of corrections, the court shall provide a copy of the

 

order of restitution to the department of corrections when the

 

defendant is remanded to the department's jurisdiction.

 

     (21) (20) The court shall not impose a fee on a victim, those

 

entitled to inherit the victim's estate, or prosecuting attorney

 

for enforcing an order of restitution.

 

     (22) (21) If a person or entity entitled to restitution under

 

this section cannot be located, refuses to claim the restitution


within 2 years after the date on which he or she could have claimed

 

the restitution, or refuses to accept the restitution, the

 

restitution to which that person or entity is entitled shall be

 

deposited in the crime victim's rights fund created under section 4

 

of 1989 PA 196, MCL 780.904, or its successor fund. However, a

 

person or entity entitled to that restitution may claim that

 

restitution any time by applying to the court that originally

 

ordered and collected it. The court shall notify the crime victim

 

services commission of the application and the commission shall

 

approve a reduction in the court's revenue transmittal to the crime

 

victim's rights fund equal to the restitution owed to the person or

 

entity. The court shall use the reduction to reimburse that

 

restitution to the person or entity.

 

     (23) (22) The court may amend an order of restitution entered

 

under this section on a motion by the prosecuting attorney, the

 

victim, or the defendant based upon new information related to the

 

injury, damages, or loss for which the restitution was ordered.

 

     (24) (23) A court that receives notice that a defendant who

 

has an obligation to pay restitution under this section has

 

declared bankruptcy shall forward a copy of that notice to the

 

prosecuting attorney. The prosecuting attorney shall forward the

 

notice to the victim at the victim's last known address.

 

     (25) (24) If the victim is a minor, the order of restitution

 

shall require the defendant to pay to a parent of the victim an

 

amount that is determined to be reasonable for any of the following

 

that are actually incurred or reasonably expected to be incurred by

 

the parent as a result of the crime:


     (a) Homemaking and child care expenses.

 

     (b) Income loss not ordered to be paid under subsection

 

(4)(h).

 

     (c) Mileage.

 

     (d) Lodging or housing.

 

     (e) Meals.

 

     (f) Any other cost incurred in exercising the rights of the

 

victim or a parent under this act.

 

     Sec. 16a. (1) If a person is subject to any combination of

 

fines, costs, restitution, assessments, probation or parole

 

supervision fees, or other payments arising out of the same

 

criminal proceeding, money collected from that person for the

 

payment of fines, costs, restitution, assessments, probation or

 

parole supervision fees, or other payments ordered to be paid in

 

that proceeding shall be allocated as provided in this section. If

 

a person is subject to fines, costs, restitution, assessments,

 

probation or parole supervision fees, or other payments in more

 

than 1 proceeding in a court and if a person making a payment on

 

the fines, costs, restitution, assessments, probation or parole

 

supervision fees, or other payments does not indicate the

 

proceeding for which the payment is made, the court shall first

 

apply the money paid to a proceeding in which there is unpaid

 

restitution to be allocated as provided in this section.

 

     (2) Except as otherwise provided in this subsection, if a

 

person is subject to payment of victim payments and any combination

 

of other fines, costs, assessments, probation or parole supervision

 

fees, or other payments, 50% of each payment collected by the court


from that person shall be applied to payment of ordered victim

 

payments, and the balance shall be applied to payment of fines,

 

costs, supervision fees, and other assessments or payments. If a

 

person making a payment indicates that the payment is to be applied

 

to victim payments, or if the payment is received as a result of a

 

wage assignment under section 16 or from the department of

 

corrections or sheriff under section 17a, the payment shall first

 

be applied to victim payments. If any fines, costs, supervision

 

fees, or other assessments or payments remain unpaid after all of

 

the victim payments have been paid, any additional money collected

 

shall be applied to payment of those fines, costs, supervision

 

fees, or other assessments or payments. If any victim payments

 

remain unpaid after all of the fines, costs, supervision fees, or

 

other assessments or payments have been paid, any additional money

 

collected shall be applied to payment of those victim payments.

 

     (3) In cases involving prosecutions for violations of state

 

law, money allocated under subsection (2) for payment of fines,

 

costs, probation and parole supervision fees, and assessments or

 

payments other than victim payments shall be applied in the

 

following order of priority:

 

     (a) Payment of the minimum state cost prescribed by section 1j

 

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

 

769.1j.

 

     (b) Payment of other costs.

 

     (c) Payment of fines.

 

     (d) Payment of probation or parole supervision fees.

 

     (e) Payment of assessments and other payments, including


reimbursement to third parties who reimbursed a victim for his or

 

her loss.

 

     (4) In cases involving prosecutions for violations of local

 

ordinances, money allocated under subsection (2) for payment of

 

fines, costs, and assessments or payments other than victim

 

payments shall be applied in the following order of priority:

 

     (a) Payment of the minimum state cost prescribed by section 1j

 

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

 

769.1j.

 

     (b) Payment of fines and other costs.

 

     (c) Payment of assessments and other payments.

 

     (5) As used in this section, "victim payment" means

 

restitution ordered to be paid to the victim or to those entitled

 

to inherit the victim's estate, but not to a person who reimbursed

 

the victim for his or her loss; or an assessment ordered under

 

section 5 of 1989 PA 196, MCL 780.905.

 

     Sec. 44. (1) As used in this section only:

 

     (a) "Offense" means a violation of a penal law of this state

 

or a violation of an ordinance of a local unit of government of

 

this state punishable by imprisonment or by a fine that is not a

 

civil fine.

 

     (b) "Victim" means an individual who suffers direct or

 

threatened physical, financial, or emotional harm as a result of

 

the commission of an offense. juvenile's course of conduct. As used

 

in subsections (2), (3), (6), (8), (9), and (13) only, victim

 

includes a sole proprietorship, partnership, corporation,

 

association, governmental entity, or any other legal entity that


suffers direct physical or financial harm as a result of an

 

offense.the juvenile's course of conduct.

 

     (2) Except as provided in subsection (8), at the dispositional

 

hearing or sentencing for an offense, the court shall order, in

 

addition to or in lieu of any other disposition or penalty

 

authorized by law, that the juvenile make full restitution to any

 

victim of the juvenile's course of conduct that gives rise to the

 

disposition or conviction or to those entitled to inherit the

 

victim's estate. For an offense that is resolved informally by

 

means of a consent calendar diversion or by another informal method

 

that does not result in a dispositional hearing, by assignment to

 

youthful trainee status, by a delayed sentence or deferred judgment

 

of guilt, or in another way that is not an acquittal or

 

unconditional dismissal, the court shall order the restitution

 

required under this section.

 

     (3) If an offense results in damage to or loss or destruction

 

of property of a victim of the offense or results in the seizure or

 

impoundment of property of a victim of the offense, the order of

 

restitution shall require that the juvenile or respondent do 1 or

 

more of the following, as applicable:

 

     (a) Return the property to the owner of the property or to a

 

person designated by the owner.

 

     (b) If damaged personal or real property can be repaired to

 

restore the property to its condition before the juvenile's or

 

respondent's course of criminal conduct, pay an amount equal to the

 

repair cost. One or more repair estimates may be used as a basis

 

for restitution.


     (c) (b) If return of the property under subdivision (a) is

 

impossible, impractical, or inadequate, or if repair of the

 

property under subdivision (b) is impossible, impractical, or

 

inadequate, pay an amount equal to the greater of subparagraph (i)

 

or (ii), less the value, determined as of the date the property is

 

returned, of that property or any part of the property that is

 

returned:

 

     (i) The fair market value of the property on the date of the

 

damage, loss, or destruction. However, if the fair market value of

 

the property cannot be determined or is impractical to ascertain,

 

then the replacement value of the property shall be utilized in

 

lieu of the fair market value.

 

     (ii) The fair market value of the property on the date of

 

disposition. However, if the fair market value of the property

 

cannot be determined or is impractical to ascertain, then the

 

replacement value of the property shall be utilized in lieu of the

 

fair market value.

 

     (d) (c) Pay the costs of the seizure or impoundment, or both.

 

     (4) If an offense results in physical or psychological injury

 

to a victim, the order of restitution shall require that the

 

juvenile do 1 or more of the following, as applicable:

 

     (a) Pay an amount equal to the reasonably determined cost of

 

medical and related professional services and devices actually

 

incurred and reasonably expected to be incurred relating to

 

physical and psychological care.

 

     (b) Pay an amount equal to the reasonably determined cost of

 

physical and occupational therapy and rehabilitation actually


incurred and reasonably expected to be incurred.

 

     (c) Reimburse the victim or those entitled to inherit the

 

victim's estate for after-tax income loss suffered by the victim as

 

a result of the offense.

 

     (d) Pay an amount equal to the reasonably determined cost of

 

psychological and medical treatment for members of the victim's

 

family actually incurred or reasonably expected to be incurred as a

 

result of the offense.

 

     (e) Pay an amount equal to the reasonably determined costs of

 

homemaking and child care expenses actually incurred or reasonably

 

expected to be incurred as a result of the offense or, if

 

homemaking or child care is provided without compensation by a

 

relative, friend, or any other person, an amount equal to the costs

 

that would reasonably be incurred as a result of the offense for

 

that homemaking and child care, based on the rates in the area for

 

comparable services.

 

     (f) Pay an amount equal to the cost of actual funeral and

 

related services.

 

     (g) If the deceased victim could be claimed as a dependent by

 

his or her parent or guardian on the parent's or guardian's

 

federal, state, or local income tax returns, pay an amount equal to

 

the loss of the tax deduction or tax credit. The amount of

 

reimbursement shall be estimated for each year the victim could

 

reasonably be claimed as a dependent.

 

     (h) Pay an amount equal to income actually lost by the spouse,

 

parent, sibling, child, or grandparent of the victim because the

 

family member left his or her employment, temporarily or


permanently, to care for the victim because of the injury.

 

     (5) If an offense resulting in bodily injury also results in

 

the death of a victim or serious impairment of a body function of a

 

victim, the court may order up to 3 times the amount of restitution

 

otherwise allowed under this section. As used in this subsection,

 

"serious impairment of a body function of a victim" includes, but

 

is not limited to, 1 or more of the following:

 

     (a) Loss of a limb or use of a limb.

 

     (b) Loss of a hand or foot or use of a hand or foot.

 

     (c) Loss of an eye or use of an eye or ear.

 

     (d) Loss or substantial impairment of a bodily function.

 

     (e) Serious visible disfigurement.

 

     (f) A comatose state that lasts for more than 3 days.

 

     (g) Measurable brain damage or mental impairment.

 

     (h) A skull fracture or other serious bone fracture.

 

     (i) Subdural hemorrhage or subdural hematoma.

 

     (j) Loss of a body organ.

 

     (6) If the a victim or victim's estate consents or those

 

entitled to inherit the victim's estate consent, the order of

 

restitution may require that the juvenile make restitution in

 

services in lieu of money.

 

     (7) If the a victim is deceased or dies, the court shall order

 

that the restitution or remaining restitution be made to those

 

entitled to inherit from the victim's estate.

 

     (8) The court shall order restitution to the crime victim

 

services commission or to any individuals, partnerships,

 

corporations, associations, governmental entities, or other legal


entities that have compensated the a victim or those entitled to

 

inherit the victim's estate for a loss incurred by the victim to

 

the extent of the compensation paid for that loss. The court shall

 

also order restitution for the costs of services provided to

 

persons or entities that have provided services to the a victim as

 

a result of the offense. Services that are subject to restitution

 

under this subsection include, but are not limited to, shelter,

 

food, clothing, and transportation. However, an order of

 

restitution shall require that all restitution to a victim or those

 

entitled to inherit the victim's estate under the order be made

 

before any restitution to any other person or entity under that

 

order is made. The court shall not order restitution to be paid to

 

a victim or those entitled to inherit the victim's estate if the

 

victim or victim's estate has or those entitled to inherit the

 

victim's estate have received or is are to receive compensation for

 

that loss, and the court shall state on the record with specificity

 

the reasons for its action.

 

     (9) Any amount paid to a victim or those entitled to inherit

 

the victim's estate under an order of restitution shall be set off

 

against any identical amount later recovered as compensatory

 

damages by the victim or those entitled to inherit the victim's

 

estate in any federal or state civil proceeding and shall reduce

 

the amount payable to a victim or a those entitled to inherit the

 

victim's estate by an award from the crime victim services

 

commission made after an order of restitution under this section.

 

     (10) If not otherwise provided by the court under this

 

subsection, restitution shall be made immediately. However, the


court may require that the juvenile make restitution under this

 

section within a specified period or in specified installments.

 

     (11) If the juvenile is placed on probation, any restitution

 

ordered under this section shall be a condition of that probation.

 

The court may revoke probation if the juvenile fails to comply with

 

the order and if the juvenile has not complied or made a good faith

 

good-faith effort to comply with the order. In determining whether

 

to revoke probation, the court shall consider the juvenile's

 

employment status, earning ability, and financial resources, the

 

willfulness of the juvenile's failure to pay, and any other special

 

circumstances that may have a bearing on the juvenile's ability to

 

pay.

 

     (12) Subject to subsection (18), a juvenile who is required to

 

pay restitution and who is not in willful default of the payment of

 

the restitution may at any time petition the court to modify the

 

method of payment. If the court determines that payment under the

 

order will impose a manifest hardship on the juvenile or his or her

 

immediate family, and if the court also determines that modifying

 

the method of payment will not impose a manifest hardship on the

 

victim, the court may modify the method of payment.

 

     (13) An order of restitution entered under this section

 

remains effective until it is satisfied in full. An order of

 

restitution is a judgment and lien against all property of the

 

individual ordered to pay restitution for the amount specified in

 

the order of restitution. The lien may be recorded as provided by

 

law. An order of restitution may be enforced by the prosecuting

 

attorney, a victim, a those entitled to inherit the victim's


estate, or any other person or entity named in the order to receive

 

the restitution in the same manner as a judgment in a civil action

 

or a lien.

 

     (14) Notwithstanding any other provision of this section, a

 

juvenile shall not be detained or imprisoned for a violation of

 

probation or parole or otherwise for failure to pay restitution as

 

ordered under this section unless the court determines that the

 

juvenile has the resources to pay the ordered restitution and has

 

not made a good faith good-faith effort to do so.

 

     (15) If the court determines that the juvenile is or will be

 

unable to pay all of the restitution ordered to a person other than

 

his or her parent, after notice to the juvenile's parent or parents

 

and an opportunity for the parent or parents to be heard, the court

 

may order the parent or parents having supervisory responsibility

 

for the juvenile at the time of the acts upon which an order of

 

restitution is based to pay any portion of the restitution ordered

 

that is outstanding. An order under this subsection does not

 

relieve the juvenile of his or her obligation to pay restitution as

 

ordered, but the amount owed by the juvenile shall be offset by any

 

amount paid by his or her parent. As used in this subsection,

 

"parent" does not include a foster parent.

 

     (16) If the court orders a parent to pay restitution under

 

subsection (15), the court shall take into account the parent's

 

financial resources and the burden that the payment of restitution

 

will impose, with due regard to any other moral or legal financial

 

obligations the parent may have. If a parent is required to pay

 

restitution under subsection (15), the court shall provide for


payment to be made in specified installments and within a specified

 

period of time.

 

     (17) A parent who has been ordered to pay restitution under

 

subsection (15) may petition the court for a modification of the

 

amount of restitution owed by the parent or for a cancellation of

 

any unpaid portion of the parent's obligation. The court shall

 

cancel all or part of the parent's obligation due if the court

 

determines that payment of the amount due will impose a manifest

 

hardship on the parent and if the court also determines that

 

modifying the method of payment will not impose a manifest hardship

 

on the victim.

 

     (18) In each case in which payment of restitution is ordered

 

as a condition of probation, the court shall order any employed

 

juvenile to make regularly scheduled restitution payments. If the

 

juvenile misses 2 or more regularly scheduled payments, the court

 

shall order the juvenile to execute a wage assignment to pay the

 

restitution. The juvenile caseworker or probation officer assigned

 

to the case shall review the case not less than twice yearly to

 

ensure that restitution is being paid as ordered. If the

 

restitution was ordered to be made within a specific period of

 

time, the juvenile caseworker or probation officer assigned to the

 

case shall review the case at the end of the specific period of

 

time to determine if the restitution has been paid in full. The

 

final review shall be conducted not less than 60 days before the

 

probationary period expires. If the juvenile caseworker or

 

probation officer determines at any review the restitution is not

 

being paid as ordered, the juvenile caseworker or probation officer


shall file a written report of the violation with the court on a

 

form prescribed by the state court administrative office or shall

 

petition the court for a probation violation. The report or

 

petition shall include a statement of the amount of the arrearage,

 

and any reasons for the arrearage known by the juvenile caseworker

 

or probation officer. The juvenile caseworker or probation officer

 

shall immediately provide a copy of the report or petition to the

 

prosecuting attorney. If a petition or motion is filed or other

 

proceedings are initiated to enforce payment of restitution and the

 

court determines that restitution is not being paid or has not been

 

paid as ordered by the court, the court shall promptly take action

 

necessary to compel compliance.

 

     (19) If the court determines that an individual who is ordered

 

to pay restitution under this section is remanded to the

 

jurisdiction of the department of corrections, the court shall

 

provide a copy of the order of restitution to the department of

 

corrections when the court determines that the individual is

 

remanded to the department's jurisdiction.

 

     (20) The court shall not impose a fee on a victim, those

 

entitled to inherit the victim's estate, or prosecuting attorney

 

for enforcing an order of restitution.

 

     (21) If a person or entity entitled to restitution under this

 

section cannot be located, refuses to claim the restitution within

 

2 years after the date on which he or she could have claimed the

 

restitution, or refuses to accept the restitution, the restitution

 

to which that person or entity is entitled shall be deposited in

 

the crime victim's rights fund created under section 4 of 1989 PA


196, MCL 780.904, or its successor fund. However, a person or

 

entity entitled to that restitution may claim that restitution any

 

time by applying to the court that originally ordered and collected

 

it. The court shall notify the crime victim services commission of

 

the application and the commission shall approve a reduction in the

 

court's revenue transmittal to the crime victim's rights fund equal

 

to the restitution owed to the person or entity. The court shall

 

use the reduction to reimburse that restitution to the person or

 

entity.

 

     (22) The court may amend an order of restitution entered under

 

this section on a motion by the prosecuting attorney, the victim,

 

or the defendant juvenile based upon new information related to the

 

injury, damages, or loss for which the restitution was ordered.

 

     (23) A court that receives notice that a defendant juvenile

 

who has an obligation to pay restitution under this section has

 

declared bankruptcy shall forward a copy of that notice to the

 

prosecuting attorney. The prosecuting attorney shall forward the

 

notice to the victim at the victim's last known address.

 

     (24) If the victim is a minor, the order of restitution shall

 

require the defendant juvenile to pay to a parent of the victim an

 

amount that is determined to be reasonable for any of the following

 

that are actually incurred or reasonably expected to be incurred by

 

the parent as a result of the crime:offense:

 

     (a) Homemaking and child care expenses.

 

     (b) Income loss not ordered to be paid under subsection

 

(4)(h).

 

     (c) Mileage.


     (d) Lodging or housing.

 

     (e) Meals.

 

     (f) Any other cost incurred in exercising the rights of the

 

victim or a parent under this act.

 

     Sec. 44a. (1) If a juvenile is subject to any combination of

 

fines, costs, restitution, assessments, probation or parole

 

supervision fees, or other payments arising out of the same

 

criminal proceeding, adjudication, money collected from that

 

juvenile or his or her parent or parents for the payment of fines,

 

costs, restitution, assessments, probation or parole supervision

 

fees, or other payments ordered to be paid in that proceeding shall

 

be allocated as provided in this section. If a person is subject to

 

fines, costs, restitution, assessments, probation or parole

 

supervision fees, or other payments in more than 1 proceeding in a

 

court and if a person making a payment on the fines, costs,

 

restitution, assessments, probation or parole supervision fees, or

 

other payments does not indicate the proceeding for which the

 

payment is made, the court shall first apply the money paid to a

 

proceeding in which there is unpaid restitution to be allocated as

 

provided in this section.

 

     (2) Except as otherwise provided in this subsection, if a

 

juvenile is subject to payment of victim payments and any

 

combination of other fines, costs, assessments, probation or parole

 

supervision fees, or other payments, 50% of each payment collected

 

by the court from that juvenile shall be applied to payment of

 

ordered victim payments, and the balance shall be applied to

 

payment of fines, costs, supervision fees, and other assessments or


payments. If a person making a payment indicates that the payment

 

is to be applied to victim payments, or if the payment is received

 

as a result of a wage assignment under section 44 or from the

 

department of corrections, sheriff, department of health and human

 

services, or county juvenile agency under section 46b, the payment

 

shall first be applied to victim payments. If any fines, costs,

 

supervision fees, or other assessments or payments remain unpaid

 

after all of the victim payments have been paid, any additional

 

money collected shall be applied to payment of those fines, costs,

 

supervision fees, or other assessments or payments. If any victim

 

payments remain unpaid after all of the fines, costs, supervision

 

fees, or other assessments or payments have been paid, any

 

additional money collected shall be applied to payment of those

 

victim payments.

 

     (3) In cases involving prosecutions for violations of state

 

law, money allocated under subsection (2) for payment of fines,

 

costs, probation and parole supervision fees, and assessments or

 

payments other than victim payments shall be applied in the

 

following order of priority:

 

     (a) Payment of the minimum state cost prescribed by section 1j

 

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

 

769.1j.

 

     (b) Payment of other costs.

 

     (c) Payment of fines.

 

     (d) Payment of probation or parole supervision fees.

 

     (e) Payment of assessments and other payments, including

 

reimbursement to third parties who reimbursed a victim for his or


her loss.

 

     (4) In cases involving prosecutions for violations of local

 

ordinances, money allocated under subsection (2) for payment of

 

fines, costs, and assessments or payments other than victim

 

payments shall be applied in the following order of priority:

 

     (a) Payment of the minimum state cost prescribed by section 1j

 

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

 

769.1j.

 

     (b) Payment of fines and other costs.

 

     (c) Payment of assessments and other payments.

 

     (5) As used in this section, "victim payment" means

 

restitution ordered to be paid to the victim or to those entitled

 

to inherit the victim's estate, but not to a person who reimbursed

 

the victim for his or her loss; or an assessment ordered under

 

section 5 of 1989 PA 196, MCL 780.905.

 

     Sec. 45. (1) In determining the amount of restitution to order

 

under section 44, the court shall consider the amount of the loss

 

sustained by any victim as a result of the offense or the

 

juvenile's course of conduct. In determining whether to order the

 

juvenile's supervisory parent to pay restitution under section

 

44(15), the court shall consider the financial resources of the

 

juvenile's supervisory parent and the other factors specified in

 

section 44(16).

 

     (2) The court may order the person preparing a report for the

 

purpose of disposition to obtain information pertaining to the

 

factors set forth in subsection (1). That person shall include the

 

information collected in the disposition report or in a separate


report, as the court directs.

 

     (3) The court shall disclose to the juvenile, the juvenile's

 

supervisory parent, and the prosecuting attorney all portions of

 

the disposition or other report pertaining to the matters described

 

in subsection (1).

 

     (4) Any dispute as to the proper amount or type of restitution

 

shall be resolved by the court by a preponderance of the evidence.

 

The burden of demonstrating the amount of the loss sustained by a

 

victim as a result of the offense shall be on the prosecuting

 

attorney. The burden of demonstrating the financial resources of

 

the juvenile's supervisory parent and the other factors specified

 

in section 44(16) shall be on the supervisory parent.

 

     Sec. 76. (1) As used in this section only:

 

     (a) "Misdemeanor" means a violation of a law of this state or

 

a local ordinance that is punishable by imprisonment for not more

 

than 1 year or a fine that is not a civil fine, but that is not a

 

felony.

 

     (b) "Victim" means an individual who suffers direct or

 

threatened physical, financial, or emotional harm as a result of

 

the commission of a misdemeanor. defendant's course of conduct. As

 

used in subsections (2), (3), (6), (8), (9), and (13) only, victim

 

includes a sole proprietorship, partnership, corporation,

 

association, governmental entity, or any other legal entity that

 

suffers direct physical or financial harm as a result of a

 

misdemeanor.the defendant's course of conduct.

 

     (2) Except as provided in subsection (8), when sentencing a

 

defendant convicted of a misdemeanor, the court shall order, in


addition to or in lieu of any other penalty authorized by law or in

 

addition to any other penalty required by law, that the defendant

 

make full restitution to any victim of the defendant's course of

 

conduct that gives gave rise to the conviction or to those entitled

 

to inherit the victim's estate. For an offense that is resolved by

 

assignment of the defendant to youthful trainee status, by a

 

delayed sentence or deferred judgment of guilt, or in another way

 

that is not an acquittal or unconditional dismissal, the court

 

shall order the restitution required under this section.

 

     (3) If a misdemeanor results in damage to or loss or

 

destruction of property of a victim of the misdemeanor or results

 

in the seizure or impoundment of property of a victim of the

 

misdemeanor, the order of restitution shall require that the

 

defendant or respondent do 1 or more of the following, as

 

applicable:

 

     (a) Return the property to the owner of the property or to a

 

person designated by the owner.

 

     (b) If damaged personal or real property can be repaired to

 

restore the property to its condition before the defendant's or

 

respondent's course of criminal conduct, pay an amount equal to the

 

repair cost. One or more repair estimates may be used as a basis

 

for restitution.

 

     (c) (b) If return of the property under subdivision (a) is

 

impossible, impractical, or inadequate, or if repair of the

 

property under subdivision (b) is impossible, impractical, or

 

inadequate, pay an amount equal to the greater of subparagraph (i)

 

or (ii), less the value, determined as of the date the property is


returned, of that property or any part of the property that is

 

returned:

 

     (i) The fair market value of the property on the date of the

 

damage, loss, or destruction. However, if the fair market value of

 

the property cannot be determined or is impractical to ascertain,

 

then the replacement value of the property shall be utilized in

 

lieu of the fair market value.

 

     (ii) The fair market value of the property on the date of

 

sentencing. However, if the fair market value of the property

 

cannot be determined or is impractical to ascertain, then the

 

replacement value of the property shall be utilized in lieu of the

 

fair market value.

 

     (d) (c) Pay the costs of the seizure or impoundment, or both.

 

     (4) If a misdemeanor results in physical or psychological

 

injury to a victim, the order of restitution shall require that the

 

defendant do 1 or more of the following, as applicable:

 

     (a) Pay an amount equal to the reasonably determined cost of

 

medical and related professional services and devices actually

 

incurred and reasonably expected to be incurred relating to

 

physical and psychological care.

 

     (b) Pay an amount equal to the reasonably determined cost of

 

physical and occupational therapy and rehabilitation actually

 

incurred and reasonably expected to be incurred.

 

     (c) Reimburse the victim or those entitled to inherit the

 

victim's estate for after-tax income loss suffered by the victim as

 

a result of the misdemeanor.

 

     (d) Pay an amount equal to the reasonably determined cost of


psychological and medical treatment for members of the victim's

 

family actually incurred and reasonably expected to be incurred as

 

a result of the misdemeanor.

 

     (e) Pay an amount equal to the reasonably determined costs of

 

homemaking and child care expenses actually incurred and reasonably

 

expected to be incurred as a result of the misdemeanor or, if

 

homemaking or child care is provided without compensation by a

 

relative, friend, or any other person, an amount equal to the costs

 

that would reasonably be incurred as a result of the misdemeanor

 

for that homemaking and child care, based on the rates in the area

 

for comparable services.

 

     (f) Pay an amount equal to the cost of actual funeral and

 

related services.

 

     (g) If the deceased victim could be claimed as a dependent by

 

his or her parent or guardian on the parent's or guardian's

 

federal, state, or local income tax returns, pay an amount equal to

 

the loss of the tax deduction or tax credit. The amount of

 

reimbursement shall be estimated for each year the victim could

 

reasonably be claimed as a dependent.

 

     (h) Pay an amount equal to income actually lost by the spouse,

 

parent, sibling, child, or grandparent of the victim because the

 

family member left his or her employment, temporarily or

 

permanently, to care for the victim because of the injury.

 

     (5) If a crime resulting in bodily injury also results in the

 

death of a victim or serious impairment of a body function of a

 

victim, the court may order up to 3 times the amount of restitution

 

otherwise allowed under this section. As used in this subsection,


"serious impairment of a body function of a victim" includes, but

 

is not limited to, 1 or more of the following:

 

     (a) Loss of a limb or use of a limb.

 

     (b) Loss of a hand or foot or use of a hand or foot.

 

     (c) Loss of an eye or use of an eye or ear.

 

     (d) Loss or substantial impairment of a bodily function.

 

     (e) Serious visible disfigurement.

 

     (f) A comatose state that lasts for more than 3 days.

 

     (g) Measurable brain damage or mental impairment.

 

     (h) A skull fracture or other serious bone fracture.

 

     (i) Subdural hemorrhage or subdural hematoma.

 

     (j) Loss of a body organ.

 

     (6) If the a victim or victim's estate consents or those

 

entitled to inherit the victim's estate consent, the order of

 

restitution may require that the defendant make restitution in

 

services in lieu of money.

 

     (7) If the a victim is deceased or dies, the court shall order

 

that the restitution or remaining restitution be made to those

 

entitled to inherit from the victim's estate.

 

     (8) The court shall order restitution to the crime victim

 

services commission or to any individuals, partnerships,

 

corporations, associations, governmental entities, or other legal

 

entities that have compensated the a victim or those entitled to

 

inherit the victim's estate for a loss incurred by the victim to

 

the extent of the compensation paid for that loss. The court shall

 

also order restitution for the costs of services provided to

 

persons or entities that have provided services to the a victim as


a result of the misdemeanor. Services that are subject to

 

restitution under this subsection include, but are not limited to,

 

shelter, food, clothing, and transportation. However, an order of

 

restitution shall require that all restitution to a victim or those

 

entitled to inherit the victim's estate under the order be made

 

before any restitution to any other person or entity under that

 

order is made. The court shall not order restitution to be paid to

 

a victim or those entitled to inherit the victim's estate if the

 

victim or victim's estate has or those entitled to inherit the

 

victim's estate have received or is are to receive compensation for

 

that loss, and the court shall state on the record with specificity

 

the reasons for its action.

 

     (9) Any amount paid to a victim or those entitled to inherit

 

the victim's estate under an order of restitution shall be set off

 

against any amount later recovered as compensatory damages by the

 

victim or those entitled to inherit the victim's estate in any

 

federal or state civil proceeding and shall reduce the amount

 

payable to a victim or a those entitled to inherit the victim's

 

estate by an award from the crime victim services commission made

 

after an order of restitution under this section.

 

     (10) If not otherwise provided by the court under this

 

subsection, restitution shall be made immediately. However, the

 

court may require that the defendant make restitution under this

 

section within a specified period or in specified installments.

 

     (11) If the defendant is placed on probation or the court

 

imposes a conditional sentence as provided in section 3 of chapter

 

IX of the code of criminal procedure, 1927 PA 175, MCL 769.3, any


restitution ordered under this section shall be a condition of that

 

probation or sentence. The court may revoke probation or impose

 

imprisonment under the conditional sentence if the defendant fails

 

to comply with the order and if the defendant has not complied or

 

made a good faith good-faith effort to comply with the order. In

 

determining whether to revoke probation or impose imprisonment, the

 

court shall consider the defendant's employment status, earning

 

ability, and financial resources, the willfulness of the

 

defendant's failure to pay, and any other special circumstances

 

that may have a bearing on the defendant's ability to pay.

 

     (12) Subject to subsection (15), a defendant who is required

 

to pay restitution and who is not in willful default of the payment

 

of the restitution may at any time petition the sentencing judge or

 

his or her successor to modify the method of payment. If the court

 

determines that payment under the order will impose a manifest

 

hardship on the defendant or his or her immediate family, and if

 

the court also determines that modifying the method of payment will

 

not impose a manifest hardship on the victim, the court may modify

 

the method of payment.

 

     (13) An order of restitution entered under this section

 

remains effective until it is satisfied in full. An order of

 

restitution is a judgment and lien against all property of the

 

defendant for the amount specified in the order of restitution. The

 

lien may be recorded as provided by law. An order of restitution

 

may be enforced by the prosecuting attorney, a victim, a those

 

entitled to inherit the victim's estate, or any other person or

 

entity named in the order to receive restitution in the same manner


as a judgment in a civil action or a lien.

 

     (14) Notwithstanding any other provision of this section, a

 

defendant shall not be imprisoned, jailed, or incarcerated for a

 

violation of probation or otherwise for failure to pay restitution

 

as ordered under this section unless the court determines that the

 

defendant has the resources to pay the ordered restitution and has

 

not made a good faith good-faith effort to do so.

 

     (15) In each case in which payment of restitution is ordered

 

as a condition of probation, the court shall order any employed

 

defendant to make regularly scheduled restitution payments. If the

 

defendant misses 2 or more regularly scheduled payments, the court

 

shall order the defendant to execute a wage assignment to pay the

 

restitution. The probation officer assigned to the case shall

 

review the case not less than twice yearly to ensure that

 

restitution is being paid as ordered. If the restitution was

 

ordered to be made within a specific period of time, the probation

 

officer assigned to the case shall review the case at the end of

 

the specific period of time to determine if the restitution has

 

been paid in full. The final review shall be conducted not less

 

than 60 days before the probationary period expires. If the

 

probation officer determines at any review that restitution is not

 

being paid as ordered, the probation officer shall file a written

 

report of the violation with the court on a form prescribed by the

 

state court administrative office or shall petition the court for a

 

probation violation. The report or petition shall include a

 

statement of the amount of the arrearage and any reasons for the

 

arrearage known by the probation officer. The probation officer


shall immediately provide a copy of the report or petition to the

 

prosecuting attorney. If a petition or motion is filed or other

 

proceedings are initiated to enforce payment of restitution and the

 

court determines that restitution is not being paid or has not been

 

paid as ordered by the court, the court shall promptly take action

 

necessary to compel compliance.

 

     (16) If the court determines that a defendant who is ordered

 

to pay restitution under this section is remanded to the

 

jurisdiction of the department of corrections, the court shall

 

provide a copy of the order of restitution to the department of

 

corrections when the court determines that the defendant is

 

remanded to the department's jurisdiction.

 

     (17) The court shall not impose a fee on a victim, those

 

entitled to inherit the victim's estate, or prosecuting attorney

 

for enforcing an order of restitution.

 

     (18) If a person or entity entitled to restitution under this

 

section cannot be located, refuses to claim the restitution within

 

2 years after the date on which he or she could have claimed the

 

restitution, or refuses to accept the restitution, the restitution

 

to which that person or entity is entitled shall be deposited in

 

the crime victim's rights fund created under section 4 of 1989 PA

 

196, MCL 780.904, or its successor fund. However, a person or

 

entity entitled to that restitution may claim that restitution any

 

time by applying to the court that originally ordered and collected

 

it. The court shall notify the crime victim services commission of

 

the application and the commission shall approve a reduction in the

 

court's revenue transmittal to the crime victim's rights fund equal


to the restitution owed to the person or entity. The court shall

 

use the reduction to reimburse that restitution to the person or

 

entity.

 

     (19) The court may amend an order of restitution entered under

 

this section on a motion by the prosecuting attorney, the victim,

 

or the defendant based upon new information related to the injury,

 

damages, or loss for which the restitution was ordered.

 

     (20) A court that receives notice that a defendant who has an

 

obligation to pay restitution under this section has declared

 

bankruptcy shall forward a copy of that notice to the prosecuting

 

attorney. The prosecuting attorney shall forward the notice to the

 

victim at the victim's last known address.

 

     (21) If the victim is a minor, the order of restitution shall

 

require the defendant pay to a parent of the victim an amount that

 

is determined to be reasonable for any of the following that are

 

actually incurred or reasonably expected to be incurred by the

 

parent as a result of the crime:

 

     (a) Homemaking and child care expenses.

 

     (b) Income loss not ordered to be paid under subsection

 

(4)(h).

 

     (c) Mileage.

 

     (d) Lodging or housing.

 

     (e) Meals.

 

     (f) Any other cost incurred in exercising the rights of the

 

victim or a parent under this act.

 

     Enacting section 1. Sections 16b and 80 of the William Van

 

Regenorter crime victim's rights act, 1985 PA 87, MCL 780.766b and


780.830, are repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 3. This amendatory act does not take effect

 

unless all of the following bills of the 98th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 874.                                    

 

         

 

     (b) Senate Bill No. 875.                                    

 

         

 

     (c) Senate Bill No. 876.                                    

 

         

 

     (d) Senate Bill No.____ or House Bill No.____ (request no.

 

01052'15).

 

     (e) Senate Bill No.____ or House Bill No.____ (request no.

 

01053'15).

 

     (f) Senate Bill No. 877.