August 24, 2010, Introduced by Senators HUNTER and BASHAM and referred to the Committee on Judiciary.
A bill to amend 1985 PA 87, entitled
"William Van Regenmorter crime victim's rights act,"
by amending sections 16a, 44a, and 76a (MCL 780.766a, 780.794a, and
780.826a), as amended by 2006 PA 461.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16a. (1) If a person is subject to any combination of
fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments arising out of the same
criminal proceeding, money collected from that person for the
payment of fines, costs, restitution, assessments, probation or
parole supervision fees, or other payments ordered to be paid in
that proceeding shall be allocated as provided in this section. If
a person is subject to fines, costs, restitution, assessments,
probation or parole supervision fees, or other payments in more
than 1 proceeding in a court and if a person making a payment on
the fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments does not indicate the
proceeding for which the payment is made, the court shall first
apply the money paid to a proceeding in which there is unpaid
restitution to be allocated as provided in this section.
(2) Except as otherwise provided in this subsection, if a
person is subject to payment of victim payments and any combination
of other fines, costs, assessments, probation or parole supervision
fees,
or other payments, 50% 100% of each payment collected by the
court from that person shall be applied to payment of victim
payments. ,
and the balance shall be applied to payment of fines,
costs,
supervision fees, and other assessments or payments. If a
person making a payment indicates that the payment is to be applied
to victim payments, or if the payment is received as a result of a
wage assignment under section 16 or from the department of
corrections or sheriff under section 17a, the payment shall first
be applied to victim payments. If any fines, costs, supervision
fees, or other assessments or payments remain unpaid after all of
the victim payments have been paid, any additional money collected
shall be applied to payment of those fines, costs, supervision
fees, or other assessments or payments. If any victim payments
remain unpaid after all of the fines, costs, supervision fees, or
other assessments or payments have been paid, any additional money
collected shall be applied to payment of those victim payments.
(3) In cases involving prosecutions for violations of state
law, money allocated under subsection (2) for payment of fines,
costs, probation and parole supervision fees, and assessments or
payments other than victim payments shall be applied in the
following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of other costs.
(c) Payment of fines.
(d) Payment of probation or parole supervision fees.
(e) Payment of assessments and other payments, including
reimbursement to third parties who reimbursed a victim for his or
her loss.
(4) In cases involving prosecutions for violations of local
ordinances, money allocated under subsection (2) for payment of
fines, costs, and assessments or payments other than victim
payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of fines and other costs.
(c) Payment of assessments and other payments.
(5) As used in this section, "victim payment" means
restitution ordered to be paid to the victim or the victim's
estate, but not to a person who reimbursed the victim for his or
her loss; or an assessment ordered under section 5 of 1989 PA 196,
MCL 780.905.
Sec. 44a. (1) If a juvenile is subject to any combination of
fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments arising out of the same
criminal proceeding, money collected from that juvenile for the
payment of fines, costs, restitution, assessments, probation or
parole supervision fees, or other payments ordered to be paid in
that proceeding shall be allocated as provided in this section. If
a person is subject to fines, costs, restitution, assessments,
probation or parole supervision fees, or other payments in more
than 1 proceeding in a court and if a person making a payment on
the fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments does not indicate the
proceeding for which the payment is made, the court shall first
apply the money paid to a proceeding in which there is unpaid
restitution to be allocated as provided in this section.
(2) Except as otherwise provided in this subsection, if a
juvenile is subject to payment of victim payments and any
combination of other fines, costs, assessments, probation or parole
supervision
fees, or other payments, 50% 100%
of each payment
collected by the court from that juvenile shall be applied to
payment
of victim payments. , and the balance shall be applied to
payment
of fines, costs, supervision fees, and other assessments or
payments.
If a person making a payment
indicates that the payment
is to be applied to victim payments, or if the payment is received
as a result of a wage assignment under section 44 or from the
department of corrections, sheriff, department of human services,
or county juvenile agency under section 46b, the payment shall
first be applied to victim payments. If any fines, costs,
supervision fees, or other assessments or payments remain unpaid
after all of the victim payments have been paid, any additional
money collected shall be applied to payment of those fines, costs,
supervision fees, or other assessments or payments. If any victim
payments remain unpaid after all of the fines, costs, supervision
fees, or other assessments or payments have been paid, any
additional money collected shall be applied to payment of those
victim payments.
(3) In cases involving prosecutions for violations of state
law, money allocated under subsection (2) for payment of fines,
costs, probation and parole supervision fees, and assessments or
payments other than victim payments shall be applied in the
following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of other costs.
(c) Payment of fines.
(d) Payment of probation or parole supervision fees.
(e) Payment of assessments and other payments, including
reimbursement to third parties who reimbursed a victim for his or
her loss.
(4) In cases involving prosecutions for violations of local
ordinances, money allocated under subsection (2) for payment of
fines, costs, and assessments or payments other than victim
payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of fines and other costs.
(c) Payment of assessments and other payments.
(5) As used in this section, "victim payment" means
restitution ordered to be paid to the victim or the victim's
estate, but not to a person who reimbursed the victim for his or
her loss; or an assessment ordered under section 5 of 1989 PA 196,
MCL 780.905.
Sec. 76a. (1) If a person is subject to any combination of
fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments arising out of the same
criminal proceeding, money collected from that person for the
payment of fines, costs, restitution, assessments, probation or
parole supervision fees, or other payments ordered to be paid in
that proceeding shall be allocated as provided in this section. If
a person is subject to fines, costs, restitution, assessments,
probation or parole supervision fees, or other payments in more
than 1 proceeding in a court and if a person making a payment on
the fines, costs, restitution, assessments, probation or parole
supervision fees, or other payments does not indicate the
proceeding for which the payment is made, the court shall first
apply the money paid to a proceeding in which there is unpaid
restitution to be allocated as provided in this section.
(2) Except as otherwise provided in this subsection, if a
person is subject to payment of victim payments and any combination
of other fines, costs, assessments, probation or parole supervision
fees,
or other payments, 50% 100%
of each payment collected by the
court from that person shall be applied to payment of victim
payments. ,
and the balance shall be applied to payment of fines,
costs,
supervision fees, and other assessments or payments. If a
person making a payment indicates that the payment is to be applied
to victim payments, or if the payment is received as a result of a
wage assignment under section 76 or from the sheriff under section
80a, the payment shall first be applied to victim payments. If any
fines, costs, supervision fees, or other assessments or payments
remain unpaid after all of the victim payments have been paid, any
additional money collected shall be applied to payment of those
fines, costs, supervision fees, or other assessments or payments.
If any victim payments remain unpaid after all of the fines, costs,
supervision fees, or other assessments or payments have been paid,
any additional money collected shall be applied to payment of those
victim payments.
(3) In cases involving prosecutions for violations of state
law, money allocated under subsection (2) for payment of fines,
costs, probation and parole supervision fees, and assessments or
payments other than victim payments shall be applied in the
following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of other costs.
(c) Payment of fines.
(d) Payment of probation or parole supervision fees.
(e) Payment of assessments and other payments, including
reimbursement to third parties who reimbursed a victim for his or
her loss.
(4) In cases involving prosecutions for violations of local
ordinances, money allocated under subsection (2) for payment of
fines, costs, and assessments or payments other than victim
payments shall be applied in the following order of priority:
(a) Payment of the minimum state cost prescribed by section 1j
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.1j.
(b) Payment of fines and other costs.
(c) Payment of assessments and other payments.
(5) As used in this section, "victim payment" means
restitution ordered to be paid to the victim or the victim's
estate, but not to a person who reimbursed the victim for his or
her loss; or an assessment ordered under section 5 of 1989 PA 196,
MCL 780.905.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 1470.
(b) Senate Bill No. 1471.