HOUSE BILL No. 5128

 

 

October 17, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 1f of chapter IX (MCL 769.1f), as amended by

 

2016 PA 236.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER IX

 

     Sec. 1f. (1) As part of the sentence for a conviction of any

 

of the following offenses, in addition to any other penalty

 

authorized by law, the court may order the person convicted to

 

reimburse the state or a local unit of government for expenses

 

incurred in relation to that incident including, but not limited

 

to, expenses for an emergency response and expenses for prosecuting

 

the person, as provided in this section:

 

     (a) A violation or attempted violation of section 601d,


625(1), (3), (4), (5), (6), or (7), section 625m, or section 626(3)

 

or (4) of the Michigan vehicle code, 1949 PA 300, MCL 257.601d,

 

257.625, 257.625m, and 257.626, or of a local ordinance

 

substantially corresponding to section 601d(1), 625(1), (3), or (6)

 

or section 625m or 626 of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.601d, 257.625, 257.625m, and 257.626.

 

     (b) Felonious driving, negligent homicide, manslaughter, or

 

murder, or attempted felonious driving, negligent homicide,

 

manslaughter, or murder, resulting from the operation of a motor

 

vehicle, snowmobile, ORV, aircraft, vessel, or locomotive engine

 

while the person was impaired by or under the influence of

 

intoxicating liquor or a controlled substance, as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7104,

 

or a combination of intoxicating liquor and a controlled substance,

 

or had an unlawful blood alcohol content.

 

     (c) A violation or attempted violation of section 82127 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.82127.

 

     (d) A violation or attempted violation of section 81134 or

 

former section 81135 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.81134.

 

     (e) A violation or attempted violation of section 185 of the

 

aeronautics code of the state of Michigan, 1945 PA 327, MCL

 

259.185.

 

     (f) A violation or attempted violation of section 80176(1),

 

(3), (4), or (5) of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.80176, or a local ordinance


substantially corresponding to section 80176(1) or (3) of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.80176.

 

     (g) A violation or attempted violation of section 353 of the

 

railroad code of 1993, 1993 PA 354, MCL 462.353.

 

     (h) A violation or attempted violation of section 411a(1),

 

(2), or (4) of the Michigan penal code, 1931 PA 328, MCL 750.411a.

 

     (i) A finding of guilt for criminal contempt for a violation

 

of a personal protection order issued under section 2950 or 2950a

 

of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950

 

and 600.2950a, or for a violation of a foreign protection order

 

that satisfies the conditions for validity provided in section

 

2950i of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.2950i.

 

     (j) A violation or attempted violation of section 4(1) 4 of

 

the public threat alert system act, MCL 28.674.

 

     (k) A violation or attempted violation of section 145d of the

 

Michigan penal code, 1931 PA 328, MCL 750.145d.

 

     (2) The expenses for which reimbursement may be ordered under

 

this section include all of the following:

 

     (a) The salaries or wages, including overtime pay, of law

 

enforcement personnel for time spent responding to the incident

 

from which the conviction arose, arresting the person convicted,

 

processing the person after the arrest, preparing reports on the

 

incident, investigating the incident, and collecting and analyzing

 

evidence, including, but not limited to, determining bodily alcohol

 

content and determining the presence of and identifying controlled


substances in the blood, breath, or urine.

 

     (b) The salaries, wages, or other compensation, including

 

overtime pay, of fire department and emergency medical service

 

personnel, including volunteer fire fighters or volunteer emergency

 

medical service personnel, for time spent in responding to and

 

providing fire fighting, rescue, and emergency medical services in

 

relation to the incident from which the conviction arose.

 

     (c) The cost of medical supplies lost or expended by fire

 

department and emergency medical service personnel, including

 

volunteer fire fighters or volunteer emergency medical service

 

personnel, in providing services in relation to the incident from

 

which the conviction arose.

 

     (d) The salaries, wages, or other compensation, including, but

 

not limited to, overtime pay of prosecution personnel for time

 

spent investigating and prosecuting the crime or crimes resulting

 

in conviction.

 

     (e) The cost of extraditing a person from another state to

 

this state including, but not limited to, all of the following:

 

     (i) Transportation costs.

 

     (ii) The salaries or wages of law enforcement and prosecution

 

personnel, including overtime pay, for processing the extradition

 

and returning the person to this state.

 

     (3) If police, fire department, or emergency medical service

 

personnel from more than 1 unit of government incurred expenses as

 

described in subsection (2), the court may order the person

 

convicted to reimburse each unit of government for the expenses it

 

incurred.


     (4) The amount ordered to be paid under this section shall

 

must be paid to the clerk of the court, who shall transmit the

 

appropriate amount to the unit or units of government named in the

 

order to receive reimbursement. If not otherwise provided by the

 

court under this subsection, the reimbursement ordered under this

 

section shall must be made immediately. However, the court may

 

require that the person make the reimbursement ordered under this

 

section within a specified period or in specified installments.

 

     (5) If the person convicted is placed on probation or paroled,

 

any reimbursement ordered under this section shall must be a

 

condition of that probation or parole. The court may revoke

 

probation and the parole board may revoke parole if the person

 

fails to comply with the order and if the person has not made a

 

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

 

determining whether to revoke probation or parole, the court or

 

parole board shall consider the person's employment status, earning

 

ability, number of dependents, and financial resources, the

 

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

 

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

 

pay.

 

     (6) An order for reimbursement under this section may be

 

enforced by the prosecuting attorney or the state or local unit of

 

government named in the order to receive the reimbursement in the

 

same manner as a judgment in a civil action.

 

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

 

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

 

violation of parole or probation, or otherwise, for failure to make


a reimbursement as ordered under this section unless the court

 

determines that the person has the resources to pay the ordered

 

reimbursement and has not made a good faith good-faith effort to do

 

so.

 

     (8) A local unit of government may elect to be reimbursed for

 

expenses under this section or a local ordinance, or a combination

 

of this section and a local ordinance. This subsection does not

 

allow a local unit of government to be fully reimbursed more than

 

once for any expense incurred by that local unit of government.

 

     (9) As part of the sentence for a conviction of any violation

 

or attempted violation of chapter XXXIII, section 327, 327a, 328,

 

or 436, or chapter LXXXIII-A of the Michigan penal code, 1931 PA

 

328, MCL 750.200 to 750.212a, 750.327, 750.327a, 750.328, and

 

750.436, and 750.543a to 750.543z, in addition to any other penalty

 

authorized by law, the court shall order the person convicted to

 

reimburse any government entity for expenses incurred in relation

 

to that incident including, but not limited to, expenses for an

 

emergency response and expenses for prosecuting the person, as

 

provided in subsections (2) to (8). As used in this subsection,

 

"government entity" means this state, a local unit of government,

 

or the United States government.

 

     (10) As used in this section:

 

     (a) "Aircraft" means that term as defined in section 2 of the

 

aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.

 

     (b) "Local unit of government" means any of the following:

 

     (i) A city, village, township, or county.

 

     (ii) A local or intermediate school district.


     (iii) A public school academy.

 

     (iv) A community college.

 

     (c) "Motor vehicle" means that term as defined in section 33

 

of the Michigan vehicle code, 1949 PA 300, MCL 257.33.

 

     (d) "ORV" means that term as defined in section 81101 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.81101.

 

     (e) "Snowmobile" means that term as defined in section 82101

 

of the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.82101.

 

     (f) "State" includes a state institution of higher education.

 

     (g) "Vessel" means that term as defined in section 80104 of

 

the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.80104.

 

     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 Senate Bill No.____ or House Bill No. 5129 (request no.

 

04454'17) of the 99th Legislature is enacted into law.