HB-5145, As Passed House, October 12, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5145

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 1l to chapter IX.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IX

     Sec. 1l. If a defendant who has been ordered to pay any fine,

cost, or assessment under section 1k is incarcerated, the sheriff

or department of corrections shall deduct 50% of the funds received

by the defendant in a month over $50.00 for payment of the fine,

cost, or assessment if ordered by the court on a form prescribed by

the state court administrative office. The sheriff or department of

corrections shall promptly forward the fine, cost, or assessment as

provided in the order when the amount exceeds $100.00, or the

entire amount if the defendant is released from custody. The

House Bill No. 5145 (H-1) as amended October 11, 2005

sheriff or department of corrections shall give an order of

restitution under section 20h of the corrections code of 1953, 1953

PA 232, MCL 791.220h, or the crime victim's rights act, 1985 PA 87,

MCL 780.751 to 780.834, priority over an order received under this

section.

[Enacting section 1. This amendatory act takes effect January 1, 2006.]

     Enacting section [2]. This amendatory act does not take effect

unless House Bill No. 5023 of the 93rd Legislature is enacted into

law.