May 1, 2003, Introduced by Senator CROPSEY and referred to the Committee on Appropriations.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 22 of chapter XV (MCL 775.22), as added by
1993 PA 343.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XV
2 Sec. 22. (1) If a person is subject to any combination of
3 fines, costs, restitution, assessments, probation or parole
4 supervision fees, or other payments arising out of the same
5 criminal proceeding, money collected from that person for the
6 payment of fines, costs, restitution, assessments, probation or
7 parole supervision fees, or other payments shall be allocated as
8 provided in this section.
9 (2) Except as otherwise provided in this subsection, if a
10 person is subject to payment of victim payments and any
1 combination of other fines, costs, assessments, probation or
2 parole supervision fees, or other payments, 50% of all money
3 collected from that person shall be applied to payment of victim
4 payments, and the balance shall be applied to payment of fines,
5 costs, supervision fees, and other assessments or payments. If
6 any fines, costs, supervision fees, or other assessments or
7 payments remain unpaid after all of the victim payments have been
8 paid, any additional money collected shall be applied to payment
9 of those fines, costs, supervision fees, or other assessments or
10 payments. If any victim payments remain unpaid after all of the
11 fines, costs, supervision fees, or other assessments or payments
12 have been paid, any additional money collected shall be applied
13 toward payment of those victim payments.
14 (3) In cases involving prosecutions for violations of state
15 law, money allocated under subsection (2) for payment of fines,
16 costs, probation and parole supervision fees, and assessments or
17 payments other than victim payments shall be applied in the
18 following order of priority:
19 (a) Payment of the minimum state cost prescribed by section
20 1j of chapter IX.
21 (b) (a) Payment
of costs.
22 (c) (b) Payment
of fines.
23 (d) (c) Payment
of probation or parole supervision fees.
24 (e) (d) Payment
of assessments and other payments.
25 (4) In cases involving prosecutions for violations of local
26 ordinances, money allocated under subsection (2) for payment of
27 fines, costs, and assessments or payments other than victim
1 payments shall be applied in the following order of priority:
2 (a) Payment of the minimum state cost prescribed by section
3 1j of chapter IX.
4 (b) (a) Payment
of fines and costs.
5 (c) (b) Payment
of assessments and other payments.
6 (5) As used in this section, "victim payment" means
7 restitution ordered to be paid to the victim or the victim's
8 estate, but not to a person who reimbursed the victim for his or
9 her loss, or an
assessment ordered under section 5 of Act
10 No. 196 of the Public
Acts of 1989, being section 780.905 of the
11 Michigan Compiled Laws 1989
PA 196, MCL 780.905.
12 Enacting section 1. This amendatory act takes effect
13 October 1, 2003.