Bill Text: MI HB5538 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; bail; additional fee when posting bail; impose, and direct revenue to indigent counsel defense. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 10 to ch. V. TIE BAR WITH: HB 5539'09
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-10-27 - Printed Bill Filed 10/23/2009 [HB5538 Detail]
Download: Michigan-2009-HB5538-Introduced.html
HOUSE BILL No. 5538
October 22, 2009, Introduced by Rep. Cushingberry and referred to the Committee on Appropriations.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 10 to chapter V.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER V
Sec. 10. (1) An inmate or defendant who furnishes bond or bail
money shall also pay along with that bond or bail money an
additional fee of $25.00. Fees collected under this section shall
be transmitted by the person or agency that collected the fees to
the court that fixed the bond or bail amount. An inmate or
defendant who fails to pay a fee owed under this section at the
time the bond or bail money is furnished shall not be denied bail
solely for that reason. However, an inmate or defendant who fails
to pay a fee owed under this section at the time bond or bail money
is furnished is responsible for a state civil infraction and may be
ordered to pay a civil fine of $100.00. An appearance ticket may be
issued to a person who fails to pay a fee owed under this section.
The appearance ticket may be issued by the sheriff or a deputy
sheriff. The county prosecutor for the county in which the jail is
located is responsible for enforcing the state civil infraction. A
civil fine collected under this section shall be paid as provided
under section 8831 of the revised judicature act of 1961, 1961 PA
236, MCL 600.8831.
(2) Once each quarter, the clerk of the court shall transmit
the total amount of fees received under subsection (1) to the
county clerk, who shall deposit the fees in a dedicated account to
be used exclusively for paying the actual expense of providing
legal counsel to indigent criminal defendants in that county. If,
at the close of any county fiscal year, an unexpended balance
remains in the dedicated fund, that balance shall be transmitted by
the county clerk to the state treasurer for deposit in the indigent
defense counsel fund created in section 177 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.177.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5539(request no.
03058'09 a) of the 95th Legislature is enacted into law.
