Act No. 387

Public Acts of 2020

Approved by the Governor

January 4, 2021

Filed with the Secretary of State

January 4, 2021

EFFECTIVE DATE: October 1, 2021

state of michigan

100th Legislature

Regular session of 2020

Introduced by Reps. Cynthia Neeley, Love, LaGrand, Kennedy, Kuppa, Hope, Whitsett, Byrd, Cherry, Sneller, Yancey, Brenda Carter, Garrett, Anthony and Cynthia Johnson

ENROLLED HOUSE BILL No. 6235

AN ACT to amend 1961 PA 236, entitled An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts, by amending section 8827 (MCL 600.8827), as amended by 2003 PA 95.

The People of the State of Michigan enact:

Sec. 8827. (1) A state civil infraction is not a lesser included offense of a criminal offense.

(2) If a defendant is determined to be responsible or responsible with explanation for a state civil infraction, the judge or district court magistrate may order the defendant to pay a civil fine as provided by law and costs as provided in subsection (3) and the justice system assessment provided in subsection (4). In the order of judgment, the judge or district court magistrate may grant a defendant permission to pay a civil fine, costs, and assessment within a specified period of time or in specified installments. Otherwise, the civil fine, costs, and assessment are payable immediately.

(3) If a defendant is ordered to pay a civil fine under subsection (2), the judge or district court magistrate shall summarily tax and determine the costs of the action, which are not limited to the costs taxable in ordinary civil actions and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the state civil infraction, up to the entry of judgment. Costs of not more than $500.00 must be ordered. Until September 30, 2003, the amount of costs ordered must be not less than $9.00. Costs in a state civil infraction action in the district court must be distributed as provided in sections 8379 and 8381. Beginning October 1, 2003, costs ordered in a state civil infraction action must be distributed as provided in section 8379. Costs in a state civil infraction action in a municipal court must be paid to the county.

(4) Effective October 1, 2003, in addition to any fine or cost ordered to be paid under subsection (2) or (3), the judge or district court magistrate shall order the defendant to pay a justice system assessment of $10.00. Upon payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasurer for deposit in the justice system fund created in section 181.

(5) A district court magistrate shall impose the sanctions permitted under subsection (2) only to the extent expressly authorized by the chief judge or only judge of the district court district.

(6) Each district of the district court and each municipal court may establish a schedule of civil fines, costs, and assessments to be imposed for state civil infractions that occur within the district or city. If a schedule is established, it must be prominently posted and readily available for public inspection. A schedule need not include all violations that are designated by law as state civil infractions.

(7) A default in the payment of a civil fine, costs, or assessment ordered under subsection (2), (3), or (4) or an installment of the fine, costs, or assessment may be collected by a means authorized for the enforcement of a judgment under chapter 40 or chapter 60.

(8) A defendant who fails to comply with an order or judgment issued under this section is guilty of a misdemeanor.

 

Enacting section 1. This amendatory act takes effect October 1, 2021.

 

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5846 of the 100th Legislature is enacted into law.

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Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor