Bill Text: MI HB5237 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Criminal procedure; sentencing; William Van Regenmorter crime victim's rights act; amend human trafficking restitution provisions to reflect changes in human trafficking law. Amends sec. 16b of 1985 PA 87 (MCL 780.766b). TIE BAR WITH: HB 5234'14
Spectrum: Slight Partisan Bill (Democrat 19-10)
Status: (Passed) 2014-10-22 - Assigned Pa 340'14 With Immediate Effect [HB5237 Detail]
Download: Michigan-2013-HB5237-Chaptered.html
Act No. 340
Public Acts of 2014
Approved by the Governor
October 15, 2014
Filed with the Secretary of State
October 16, 2014
EFFECTIVE DATE: January 14, 2015
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Reps. Cavanagh, Heise, Lamonte, Hovey-Wright, LaVoy, Lauwers, Price, Rogers, Darany, Singh, Slavens, Brinks, Haveman, Kowall, Zorn, O’Brien, Faris, Barnett, Driskell, Haugh, Roberts, Brown, Banks, McCready, Lyons, Lane, Tlaib, Irwin and Kivela
ENROLLED HOUSE BILL No. 5237
AN ACT to amend 1985 PA 87, entitled “An act to establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers’ agents toward victims; and to provide for penalties and remedies,” by amending section 16b (MCL 780.766b), as added by 2010 PA 364.
The People of the State of Michigan enact:
Sec. 16b. 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 restitution for the full amount of loss suffered by the victim. In addition to restitution ordered under section 16, the court may 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 minimum wage law of 1964, 1964 PA 154, MCL 408.381 to 408.398, or the federal minimum wage, whichever results in the largest value.
(iii) Income loss as determined under section 16(4)(c).
(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.
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 House Bill No. 5234 of the 97th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
