April 12, 2016, Introduced by Senators SCHUITMAKER, JONES, O'BRIEN 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 section 17 (MCL 780.767), as amended by 1996 PA 562.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17. (1) In determining the amount of restitution to order
under section 16, the court shall consider the amount of the loss
sustained by any victim as a result of the offense or the
defendant's course of conduct.
(2) The court may order the probation officer to obtain
information pertaining to the amounts of loss described in
subsection (1). The probation officer shall include the information
collected in the presentence investigation report or in a separate
report, as the court directs.
(3) The court shall disclose to both the defendant and the
prosecuting attorney all portions of the presentence 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.
(5) Pursuant to section 24 of article I of the state
constitution of 1963, and this act, the court shall not waive
restitution or allocate restitution among defendants.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. 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. 873.
(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.