March 15, 2007, Introduced by Rep. Cushingberry and referred to the Committee on Appropriations.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 177.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 177. (1) The indigent defense counsel fund is created
within the state treasury.
(2) The state treasurer shall credit to the fund all bail bond
surcharges and indigent defense counsel fees received under section
6(4) of chapter V and section 3d of chapter XI of the code of
criminal procedure, 1927 PA 175, MCL 765.6 and 771.3d, and may
receive money or other assets from any source for deposit into the
fund. The state treasurer shall direct the investment of the fund.
The state treasurer shall credit to the fund interest and earnings
from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The state court administrative office shall expend the
full amount of the money in the fund each year, upon appropriation,
only for the following purposes:
(a) Eighty percent of the amount in the fund shall be expended
for grants to counties to reimburse counties for the expense of
providing legal counsel to indigent criminal defendants. The amount
of the grants shall be based on the number of criminal cases in
each county.
(b) Twenty percent of the amount in the fund shall be expended
for the office of the appellate defender, as provided in section 8
of the appellate defender act, 1978 PA 620, MCL 780.718.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4473(request no.
00899'07) of the 94th Legislature is enacted into law.