HOUSE BILL NO. 6235
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
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 shall must be ordered. Until September 30,
2003, the amount of costs ordered shall must be
not less than $9.00. Costs in a state civil infraction action in the district
court shall must be distributed as provided in
sections 8379 and 8381. Beginning October 1, 2003, costs ordered in a state
civil infraction action shall must be distributed as provided in
section 8379. Costs in a state civil infraction action in a municipal court shall 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 shall 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)
Not less than 28 days after a defendant fails to appear in response to a
citation issued for, or fails to comply with an order or judgment involving, a
state civil infraction, the court shall give notice by ordinary mail, addressed
to the defendant's last known address, that if the defendant fails to appear or
fails to comply with the order or judgment described in this subsection within
14 days after the notice is issued, the court will give to the secretary of
state notice of that failure. Upon receiving notice of that failure, the
secretary of state shall not issue or renew an operator's or chauffeur's license
for the defendant until both of the following occur:
(a)
The court informs the secretary of state that the defendant has resolved all
outstanding matters regarding each notice or citation.
(b)
The defendant has paid to the court a $45.00 driver license reinstatement fee.
If the court determines that the defendant is not responsible for any violation
for which the defendant's license was not issued or renewed under this
subsection, the court shall waive the driver license reinstatement fee.
(8)
(9) 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 does not take effect unless House Bill No. 5846 of the 100th Legislature is enacted into law.