Bill Text: MI HB5237 | 2013-2014 | 97th Legislature | Introduced
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-Introduced.html
HOUSE BILL No. 5237
January 22, 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 and referred to the Committee on Criminal Justice.
A bill to amend 1985 PA 87, entitled
"William Van Regenmorter crime victim's rights act,"
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 750.462i, 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 does not take effect
unless Senate Bill No.____ or House Bill No. 5234 (request no.
03727'13) of the 97th Legislature is enacted into law.
