September 11, 2014, Introduced by Senator CASPERSON and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1k of chapter IX (MCL 769.1k), as amended by
2006 PA 655.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 1k. (1) If a defendant enters a plea of guilty or nolo
contendere or if the court determines after a hearing or trial that
the defendant is guilty, both of the following apply at the time of
the sentencing or at the time entry of judgment of guilt is
deferred pursuant to statute or sentencing is delayed pursuant to
statute:
(a) The court shall impose the minimum state costs as set
forth in section 1j of this chapter.
(b) The court may impose any or all of the following:
(i) Any fine authorized by the statute for a violation of which
the defendant entered a plea of guilty or nolo contendere or the
court determined that the defendant was guilty.
(ii) Any cost in addition to the minimum state cost
set forth
in
subdivision (a).authorized by
the statute for a violation of
which the defendant entered a plea of guilty or nolo contendere or
the court determined that the defendant was guilty.
(iii) Any reasonable cost in addition to any other cost
authorized under this section, including, but not limited to, the
following:
(A) Salaries and benefits for relevant court personnel.
(B) Goods and services necessary for the operation of the
court.
(C) Necessary expenses for the operation and maintenance of
court buildings and facilities.
(iv) (iii) The
expenses of providing legal assistance to the
defendant.
(v) (iv) Any
assessment authorized by law.
(vi) (v) Reimbursement
under section 1f of this chapter.
(2) In addition to any fine, cost, or assessment imposed under
subsection (1), the court may order the defendant to pay any
additional costs incurred in compelling the defendant's appearance.
(3) Subsections (1) and (2) apply even if the defendant is
placed on probation, probation is revoked, or the defendant is
discharged from probation.
(4) The court may require the defendant to pay any fine, cost,
or assessment ordered to be paid under this section by wage
assignment.
(5) The court may provide for the amounts imposed under this
section to be collected at any time.
(6) Except as otherwise provided by law, the court may apply
payments received on behalf of a defendant that exceed the total of
any fine, cost, fee, or other assessment imposed in the case to any
fine, cost, fee, or assessment that the same defendant owes in any
other case.
(7) The court shall make available to the general public and
to a defendant information about any fine, cost, or assessment
imposed under subsection (1), including an explanation of any cost
imposed under subsection (1)(b)(iii). However, the explanation is not
required to include the calculation of the costs involved in a
particular case. The amendatory act that added this subsection
applies to all fines, costs, and assessments ordered or assessed
under this section beginning June 18, 2014.