HB-5661, As Passed Senate, December 2, 2010

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5661

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 section 5 (MCL 780.905), as amended by 2005 PA 315.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5. (1) The court shall order each person charged with an

offense that is a felony, a serious misdemeanor, or a specified

misdemeanor, that is resolved by conviction, by assignment of the

defendant to youthful trainee status, by a delayed sentence or

deferred entry of judgment of guilt, or in another way that is not

an acquittal or unconditional dismissal, to pay an assessment as

follows:

(a) If the offense is a felony, ~~$60.00~~ $130.00.

(b) If the offense is a ~~serious misdemeanor or a specified~~

misdemeanor, ~~$50.00~~ $75.00.

(2) The court shall order a defendant to pay only 1 assessment

under subsection (1) per criminal case. Payment of the assessment

shall be a condition of a probation order entered under chapter XI

of the code of criminal procedure, 1927 PA 175, MCL 771.1 to

771.14a, or a parole order entered under section 36 of the

corrections code of 1953, 1953 PA 232, MCL 791.236.

(3) The court shall order each juvenile for whom the court

enters an order of disposition for a juvenile offense to pay an

assessment of ~~$20.00~~ $25.00. The court shall order a juvenile to

pay only 1 assessment under this subsection per case.

(4) Except as otherwise provided under this act, an assessment

under this section shall be used to pay for crime victim's rights

services.

(5) If a defendant ordered to pay an assessment under this act

posted a cash bond or bail deposit in connection with the case, the

court shall order the assessment collected out of that bond or

deposit as provided in section 15 of chapter V and section 22 of

chapter XV of the code of criminal procedure, 1927 PA 175, MCL

765.15 and 775.22, or section 6 or 7 of 1966 PA 257, MCL 780.66 and

780.67.

(6) If a person is subject to any combination of fines, costs,

restitution, assessments, or payments arising out of the same

criminal or juvenile proceeding, money collected from that person

for the payment of fines, costs, restitution, assessments, or other

payments shall be allocated as provided in section 22 of chapter XV

of the code of criminal procedure, 1927 PA 175, MCL 775.22, or

section 29 of chapter XIIA of the probate code of 1939, 1939 PA

288, MCL 712A.29.

(7) The clerk of the court shall do both of the following on

the last day of each month:

(a) Transmit 90% of the assessments received under this

section to the department of treasury with a written report of

those assessments as the department of treasury prescribes. To

provide funding for costs incurred under this section and for

providing crime victim's rights services, the court may retain 10%

of the assessments received under this section and transmit that

amount to the court's funding unit.

(b) Transmit a written report to the department on a form the

department prescribes containing all of the following information

for that month:

(i) The name of the court.

(ii) The total number of criminal convictions or dispositions

for offenses that if committed by an adult would be criminal

obtained in that court.

(iii) The total number of defendants or juveniles against whom

an assessment was imposed by that court.

(iv) The total amount of assessments imposed by that court.

(v) The total amount of assessments collected by that court.

(vi) Other information required by the department.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 95th Legislature are