October 24, 2007, Introduced by Rep. McDowell and referred to the Committee on Appropriations.
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, and services
prescribed under this act.
(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
by the commission under section 3(a) may be used for crime victims'
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, and to provide services described under
section 8.
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.
including, but not limited to, any of the following:
(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) Prevention and treatment services for victims or potential
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.