Bill Text: MI HB4357 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure; bail; setting of bond related to spousal or child support arrearage; modify.
Spectrum: Moderate Partisan Bill (Democrat 18-5)
Status: (Introduced - Dead) 2019-03-14 - Bill Electronically Reproduced 03/13/2019 [HB4357 Detail]
Download: Michigan-2019-HB4357-Introduced.html
HOUSE BILL No. 4357
March 13, 2019, Introduced by Reps. Brann, Rabhi, Haadsma, LaFave, Howell, Neeley, Garrett, Yancey, Peterson, Steven Johnson, VanSingel, Kennedy, Cynthia Johnson, Brenda Carter, Garza, Tyrone Carter, Lasinski, Pohutsky, Sabo, Sowerby, Hoadley, Hertel and LaGrand and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 165 (MCL 750.165), as amended by 2014 PA 377.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 165. (1) If the court orders an individual to pay support
for the individual's former or current spouse, or for a child of
the individual, and the individual does not pay the support in the
amount or at the time stated in the order, the individual is guilty
of a felony punishable by imprisonment for not more than 4 years or
by a fine of not more than $2,000.00, or both.
(2) This section does not apply unless the court in which the
support order was issued had personal jurisdiction over the
individual ordered to pay support.
(3)
Unless the individual deposits a cash bond of not less
than
$500.00 or 25% of the arrearage, whichever is greater, upon
arrest
for a violation of this section, the individual shall remain
in
custody until the arraignment. If the individual remains in
custody,
the court shall address the amount of the cash bond at the
arraignment
and at the preliminary examination and, except for good
cause
shown on the record, shall order the bond to be continued at
not
less than $500.00 or 25% of the arrearage, whichever is
greater.
At the court's discretion, the court may set the cash bond
at
an amount not more than 100% of the arrearage and add to that
amount
the amount of the costs that the court may require under
section
31(3) of the support and parenting time enforcement act,
1982
PA 295, MCL 552.631. The court shall specify that the cash
bond
amount be entered into the law enforcement information
network.
If a bench warrant under section 31
of the support and
parenting time enforcement act, 1982 PA 295, MCL 552.631, is
outstanding for an individual when the individual is arrested for a
violation of this section, the court shall notify the court
handling the civil support case under the support and parenting
time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, that the
bench warrant may be recalled.
(4) The court may suspend the sentence of an individual
convicted under this section if the individual files with the court
a bond in the amount and with the sureties the court requires. At a
minimum, the bond must be conditioned on the individual's
compliance with the support order. If the court suspends a sentence
under this subsection and the individual does not comply with the
support order or another condition on the bond, the court may order
the individual to appear and show cause why the court should not
impose the sentence and enforce the bond. After the hearing, the
court may enforce the bond or impose the sentence, or both, or may
permit the filing of a new bond and again suspend the sentence. The
court shall order a support amount enforced under this section to
be paid to the clerk or friend of the court or to the state
disbursement unit.
(5) An order for restitution for a violation of this section
shall
must not include a separate award for the unpaid amount
in
arrearage
under the support order. The restitution order shall must
reference the support order and direct the individual to pay the
unpaid amount in arrearage under the support order pursuant to the
support order. The court may impose such terms and conditions in
the restitution order as are appropriate to ensure compliance with
payment of the arrearage due under the support order. The court may
order additional restitution as provided under the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to
780.834.
(6) As used in this section, "state disbursement unit" or
"SDU" means the entity established in section 6 of the office of
child support act, 1971 PA 174, MCL 400.236.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
