HB-5355, As Passed Senate, December 10, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5355

     A bill to amend 1989 PA 196, entitled

"An act to abolish the criminal assessments commission; to

prescribe certain duties of the crime victim services commission;

to create the crime victim's rights fund; to provide for

expenditures from the fund; to provide for assessments against

criminal defendants and certain juvenile offenders; to provide for

payment of crime victim's rights services; and to prescribe the

powers and duties of certain state and local agencies and

departments,"

by amending sections 1, 4, and 8 (MCL 780.901, 780.904, and

780.908), sections 1 and 4 as amended by 1996 PA 520 and section 8

as amended by 1993 PA 345.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. As used in this act:

     (a) "Commission" means the crime victim services commission

described in section 2 of Act No. 223 of the Public Acts of 1976,

being section 18.352 of the Michigan Compiled Laws 1976 PA 223, MCL

18.352.

     (b) "Crime victim's rights services" means services required

to implement fully the crime victim's rights act, Act No. 87 of the

Public Acts of 1985, being sections 780.751 to 780.834 of the

Michigan Compiled Laws William Van Regenmorter crime victim's

rights act, 1985 PA 87, MCL 780.751 to 780.834, and services

prescribed under this act.

     (c) "Department" means the department of management and budget

of this state.

     (d) "Felony" means a violation of a penal law of this state

for which the offender, upon conviction, may be punished by

imprisonment for more than 1 year or an offense expressly

designated by law to be a felony.

     (e) "Fund" means the crime victim's rights fund created under

section 4.

     (f) "Juvenile offense" means an offense committed by a

juvenile under the jurisdiction of the juvenile division of the

probate court or the family division of circuit court under section

2(a)(1) of chapter XIIA of Act No. 288 of the Public Acts of 1939,

being section 712A.2 of the Michigan Compiled Laws the probate code

of 1939, 1939 PA 288, MCL 712A.2, that if committed by an adult

would be a felony, serious misdemeanor, or a specified misdemeanor

if the juvenile's case is not designated as a case in which the

juvenile is to be tried in the same manner as an adult.

     (g) "Serious misdemeanor" means that term as defined in

section 61 of Act No. 87 of the Public Acts of 1985, being section

780.811 of the Michigan Compiled Laws the William Van Regenmorter

crime victim's rights act, 1985 PA 87, MCL 780.811.

     (h) "Specified misdemeanor" means a misdemeanor violation of

any of the following:

     (i) Section 602a, 625(1) or (3), 626, or 904 of the Michigan

vehicle code, Act No. 300 of the Public Acts of 1949, being

sections 257.602a, 257.625, 257.626, and 257.904 of the Michigan

Compiled Laws 1949 PA 300, MCL 257.602a, 257.625, 257.626, and

257.904.

     (ii) Section 82127(1) or (3) of part 821 (snowmobiles) of the

natural resources and environmental protection act, Act No. 451 of

the Public Acts of 1994, being section 324.82127 of the Michigan

Compiled Laws 1994 PA 451, MCL 324.82127.

     (iii) Section 81134(1) or (2) or 81135 of part 811 (off-road

recreation vehicles) of Act No. 451 of the Public Acts of 1994,

being sections 324.81134 and 324.81135 of the Michigan Compiled

Laws the natural resources and environmental protection act, 1994

PA 451, MCL 324.81134 and 324.81135.

     (iv) Section 80176(1) or (3) of part 801 (marine safety) of Act

No. 451 of the Public Acts of 1994, being section 324.80176 of the

Michigan Compiled Laws the natural resources and environmental

protection act, 1994 PA 451, MCL 324.80176.

     (v) Section 185 of the aeronautics code of the state of

Michigan, Act No. 327 of the Public Acts of 1945, being section

259.185 of the Michigan Compiled Laws 1945 PA 327, MCL 259.185.

     (vi) Part 74 or section 17766a of the public health code, Act

No. 368 of the Public Acts of 1978, being sections 333.7401 to

333.7461 and 333.17766a of the Michigan Compiled Laws 1978 PA 368,

MCL 333.7401 to 333.7461.

     (vii) Section 33 of the Michigan liquor control act, Act No. 8

of the Public Acts of the Extra Session of 1933, being section

436.33 of the Michigan Compiled Laws 701 of the Michigan liquor

control code of 1998, 1998 PA 58, MCL 436.1701.

     (viii) Section 353 or 355 of the railroad code of 1993, Act No.

354 of the Public Acts of 1993, being sections 462.353 and 462.355

of the Michigan Compiled Laws 1993 PA 354, MCL 462.353 and 462.355.

     (ix) Section 174, 218, 356, 356d, 359, 362, 362a, 377a, 380,

479a, 535, or 540e of the Michigan penal code, Act No. 328 of the

Public Acts of 1931, being sections 750.174, 750.218, 750.356,

750.356d, 750.359, 750.362, 750.362a, 750.377a, 750.380, 750.479a,

750.535, and 750.540e of the Michigan Compiled Laws 1931 PA 328,

MCL 750.174, 750.218, 750.356, 750.356d, 750.359, 750.362,

750.362a, 750.377a, 750.380, 750.479a, 750.535, and 750.540e.

     (x) A local ordinance substantially corresponding to a law

listed in subparagraphs (i) to (ix).

     Sec. 4. (1) The crime victim's rights fund is created as a

separate fund in the state treasury. The state treasurer shall

credit to the fund all amounts received under this act and as

provided by law. The state treasurer shall invest fund money in the

same manner as surplus funds are invested under section 3 of Act

No. 105 of the Public Acts of 1855, being section 21.143 of the

Michigan Compiled Laws 1855 PA 105, MCL 21.143. Earnings from the

fund shall be credited to the fund.

     (2) The fund shall be expended only as provided in this act.

Amounts in the fund in excess of the necessary revenue determined

House Bill No. 5355 as amended December 10, 2008

by the commission under section 3(a) may be used for crime victims'

victim compensation under Act No. 223 of the Public Acts of 1976,

being sections 18.351 to 18.368 of the Michigan Compiled Laws 1976

PA 223, MCL 18.351 to 18.368. Before October 1, <<2009>>, any

additional excess revenue that has not been used for crime victim

compensation may be used to provide any of the following services:

     (a) The operation and enhancement of the sex offender registry

compiled and maintained under the sex offenders registration act,

1994 PA 295, MCL 28.721 to 28.736.

     (b) The Amber alert program under the Michigan Amber alert

act, 2002 PA 712, MCL 28.751 to 28.754.

     (c) Treatment services for victims of conduct prohibited under

sections 520b to 520g of the Michigan penal code, 1931 PA 328, MCL

750.520b to 750.520g.

     (d) Polygraph examination as that term is defined under

section 2 of the polygraph protection act of 1981, 1982 PA 44, MCL

37.202.

     (e) The expert witness testimony of a forensic scientist.

Sec. 8. A court, department, or local agency that receives a

distribution under this act shall use that distribution to maintain

or enhance and increase crime victim's rights services. and not to

supplant local, federal, and other state funds that, in the absence

of a distribution under this act, are available for providing crime

victim's rights services or other services to crime victims.