Bill Text: MI HB5128 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; computer; recovery of certain costs for prosecution for using a computer or the internet to commit a crime; provide for. Amends sec. 1f, ch. IX of 1927 PA 175 (MCL 769.1f). TIE BAR WITH: HB 5129'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-10-18 - Bill Electronically Reproduced 10/17/2017 [HB5128 Detail]
Download: Michigan-2017-HB5128-Introduced.html
HOUSE BILL No. 5128
October 17, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1f of chapter IX (MCL 769.1f), as amended by
2016 PA 236.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 1f. (1) As part of the sentence for a conviction of any
of the following offenses, in addition to any other penalty
authorized by law, the court may order the person convicted to
reimburse the state or a local unit of government for expenses
incurred in relation to that incident including, but not limited
to, expenses for an emergency response and expenses for prosecuting
the person, as provided in this section:
(a) A violation or attempted violation of section 601d,
625(1), (3), (4), (5), (6), or (7), section 625m, or section 626(3)
or (4) of the Michigan vehicle code, 1949 PA 300, MCL 257.601d,
257.625, 257.625m, and 257.626, or of a local ordinance
substantially corresponding to section 601d(1), 625(1), (3), or (6)
or section 625m or 626 of the Michigan vehicle code, 1949 PA 300,
MCL 257.601d, 257.625, 257.625m, and 257.626.
(b) Felonious driving, negligent homicide, manslaughter, or
murder, or attempted felonious driving, negligent homicide,
manslaughter, or murder, resulting from the operation of a motor
vehicle, snowmobile, ORV, aircraft, vessel, or locomotive engine
while the person was impaired by or under the influence of
intoxicating liquor or a controlled substance, as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104,
or a combination of intoxicating liquor and a controlled substance,
or had an unlawful blood alcohol content.
(c) A violation or attempted violation of section 82127 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.82127.
(d) A violation or attempted violation of section 81134 or
former section 81135 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81134.
(e) A violation or attempted violation of section 185 of the
aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.185.
(f) A violation or attempted violation of section 80176(1),
(3), (4), or (5) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.80176, or a local ordinance
substantially corresponding to section 80176(1) or (3) of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80176.
(g) A violation or attempted violation of section 353 of the
railroad code of 1993, 1993 PA 354, MCL 462.353.
(h) A violation or attempted violation of section 411a(1),
(2), or (4) of the Michigan penal code, 1931 PA 328, MCL 750.411a.
(i) A finding of guilt for criminal contempt for a violation
of a personal protection order issued under section 2950 or 2950a
of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950
and 600.2950a, or for a violation of a foreign protection order
that satisfies the conditions for validity provided in section
2950i of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950i.
(j)
A violation or attempted violation of section 4(1) 4 of
the public threat alert system act, MCL 28.674.
(k) A violation or attempted violation of section 145d of the
Michigan penal code, 1931 PA 328, MCL 750.145d.
(2) The expenses for which reimbursement may be ordered under
this section include all of the following:
(a) The salaries or wages, including overtime pay, of law
enforcement personnel for time spent responding to the incident
from which the conviction arose, arresting the person convicted,
processing the person after the arrest, preparing reports on the
incident, investigating the incident, and collecting and analyzing
evidence, including, but not limited to, determining bodily alcohol
content and determining the presence of and identifying controlled
substances in the blood, breath, or urine.
(b) The salaries, wages, or other compensation, including
overtime pay, of fire department and emergency medical service
personnel, including volunteer fire fighters or volunteer emergency
medical service personnel, for time spent in responding to and
providing fire fighting, rescue, and emergency medical services in
relation to the incident from which the conviction arose.
(c) The cost of medical supplies lost or expended by fire
department and emergency medical service personnel, including
volunteer fire fighters or volunteer emergency medical service
personnel, in providing services in relation to the incident from
which the conviction arose.
(d) The salaries, wages, or other compensation, including, but
not limited to, overtime pay of prosecution personnel for time
spent investigating and prosecuting the crime or crimes resulting
in conviction.
(e) The cost of extraditing a person from another state to
this state including, but not limited to, all of the following:
(i) Transportation costs.
(ii) The salaries or wages of law enforcement and prosecution
personnel, including overtime pay, for processing the extradition
and returning the person to this state.
(3) If police, fire department, or emergency medical service
personnel from more than 1 unit of government incurred expenses as
described in subsection (2), the court may order the person
convicted to reimburse each unit of government for the expenses it
incurred.
(4)
The amount ordered to be paid under this section shall
must be paid to the clerk of the court, who shall transmit the
appropriate amount to the unit or units of government named in the
order to receive reimbursement. If not otherwise provided by the
court under this subsection, the reimbursement ordered under this
section
shall must be made immediately. However, the court may
require that the person make the reimbursement ordered under this
section within a specified period or in specified installments.
(5) If the person convicted is placed on probation or paroled,
any
reimbursement ordered under this section shall must be
a
condition of that probation or parole. The court may revoke
probation and the parole board may revoke parole if the person
fails to comply with the order and if the person has not made a
good
faith good-faith effort to comply with the order. In
determining whether to revoke probation or parole, the court or
parole board shall consider the person's employment status, earning
ability, number of dependents, and financial resources, the
willfulness of the person's failure to pay, and any other special
circumstances that may have a bearing on the person's ability to
pay.
(6) An order for reimbursement under this section may be
enforced by the prosecuting attorney or the state or local unit of
government named in the order to receive the reimbursement in the
same manner as a judgment in a civil action.
(7) Notwithstanding any other provision of this section, a
person shall not be imprisoned, jailed, or incarcerated for a
violation of parole or probation, or otherwise, for failure to make
a reimbursement as ordered under this section unless the court
determines that the person has the resources to pay the ordered
reimbursement
and has not made a good faith good-faith
effort to do
so.
(8) A local unit of government may elect to be reimbursed for
expenses under this section or a local ordinance, or a combination
of this section and a local ordinance. This subsection does not
allow a local unit of government to be fully reimbursed more than
once for any expense incurred by that local unit of government.
(9) As part of the sentence for a conviction of any violation
or attempted violation of chapter XXXIII, section 327, 327a, 328,
or 436, or chapter LXXXIII-A of the Michigan penal code, 1931 PA
328, MCL 750.200 to 750.212a, 750.327, 750.327a, 750.328, and
750.436, and 750.543a to 750.543z, in addition to any other penalty
authorized by law, the court shall order the person convicted to
reimburse any government entity for expenses incurred in relation
to that incident including, but not limited to, expenses for an
emergency response and expenses for prosecuting the person, as
provided in subsections (2) to (8). As used in this subsection,
"government entity" means this state, a local unit of government,
or the United States government.
(10) As used in this section:
(a) "Aircraft" means that term as defined in section 2 of the
aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.
(b) "Local unit of government" means any of the following:
(i) A city, village, township, or county.
(ii) A local or intermediate school district.
(iii) A public school academy.
(iv) A community college.
(c) "Motor vehicle" means that term as defined in section 33
of the Michigan vehicle code, 1949 PA 300, MCL 257.33.
(d) "ORV" means that term as defined in section 81101 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.81101.
(e) "Snowmobile" means that term as defined in section 82101
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.82101.
(f) "State" includes a state institution of higher education.
(g) "Vessel" means that term as defined in section 80104 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.80104.
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 Senate Bill No.____ or House Bill No. 5129 (request no.
04454'17) of the 99th Legislature is enacted into law.
