Bill Text: MI HB5127 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; sentencing; assessment fee for conviction of a misdemeanor or felony; create, and earmark into a safe and secure schools fund. Amends sec. 1j, ch. IX of 1927 PA 175 (MCL 769.1j). TIE BAR WITH: HB 5126'13
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2013-11-06 - Printed Bill Filed 11/06/2013 [HB5127 Detail]
Download: Michigan-2013-HB5127-Introduced.html
HOUSE BILL No. 5127
November 5, 2013, Introduced by Reps. Geiss, Cochran, Santana, LaVoy, Knezek, Brunner, Hobbs, Barnett, Schor and Nathan and referred to the Committee on Appropriations.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1j of chapter IX (MCL 769.1j), as amended by
2011 PA 293.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 1j. (1) Beginning October 1, 2003, if the court orders a
person convicted of an offense to pay any combination of a fine,
costs, or applicable assessments, the court shall order that the
person pay costs of not less than the following amount, as
applicable:
(a) $68.00, if the defendant is convicted of a felony.
(b) $50.00, if the defendant is convicted of a misdemeanor or
ordinance violation.
(2) Of the costs ordered to be paid by a person convicted of
an offense, the clerk shall pay to the justice system fund created
in section 181 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.181, the applicable amount specified as a minimum cost
under subsection (1).
(3) Payment of the minimum state cost is a condition of
probation
under chapter XI. of this act.
(4) If a defendant who is ordered to pay a minimum state cost
under subsection (1) posts a cash bond or bail deposit in
connection with the case, the court shall order that the minimum
state cost be collected out of the bond or deposit as provided in
section 15 of chapter V of this act or section 6 or 7 of 1966 PA
257, MCL 780.66 and 780.67.
(5) If a defendant who is ordered to pay a minimum state cost
under this section is subject to any combination of fines, costs,
restitution, assessments, or payments arising out of the same
criminal prosecution, money collected from that person for the
payment of fines, costs, restitution, assessments, or other
payments shall be allocated as provided in section 22 of chapter
XV. A fine imposed for a felony, misdemeanor, or ordinance
violation shall not be waived unless costs, other than the minimum
cost ordered under subsection (2), are waived.
(6) On the last day of each month, the clerk of the court
shall transmit the minimum state cost or portions of minimum state
cost collected under this section to the department of treasury for
deposit in the justice system fund created in section 181 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.181.
(7) Beginning on January 1, 2014, in addition to the minimum
state cost ordered to be paid under this section, the court shall
order that the person pay an assessment of $1.00 for each felony or
misdemeanor of which the person is convicted. On the last day of
each month, the clerk of the court shall transmit the assessments
collected under this subsection to the state treasurer for deposit
in the safe and secure schools fund created in section 1308a of the
revised school code, 1976 PA 451, MCL 380.1308a. When transmitting
the assessment, the clerk of the court shall identify the school
district in which the offense occurred.
(8) (7)
As used in this section:
(a) "Felony" means a violation of a penal law of this state
for which the offender may be punished by imprisonment for more
than 1 year or an offense expressly designated by law to be a
felony.
(b) "Minimum state cost" means the applicable minimum cost to
be ordered for a conviction under subsection (1).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5126 (request no.
03654'13 a) of the 97th Legislature is enacted into law.
