August 24, 2010, Introduced by Senators HUNTER and BASHAM and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 29 of chapter XIIA (MCL 712A.29), as amended by
2003 PA 74.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 29. (1) If a child is subject to any combination of
fines, costs, restitution, assessments, or payments arising out of
the same order of disposition, money collected from that child, or
his or her parent or parents, for the payment of fines, costs,
restitution, assessments, or other payments shall be allocated as
provided in this section.
(2) Except as otherwise provided in this subsection, if a
child is subject to payment of victim payments and any combination
of
other fines, costs, assessments, or other payments, 50% 100% of
the money collected from that child, or his or her parent or
parents,
shall be applied to payment of victim payments. , and the
balance
shall be applied to payment of fines, costs, and other
assessments
or payments. If fines, costs, or
other assessments or
payments remain unpaid after all victim payments have been paid,
additional money collected shall be applied to payment of those
fines, costs, or other assessments or payments. If victim payments
remain unpaid after all fines, costs, or other assessments or
payments have been paid, additional money collected shall be
applied toward payment of those victim payments.
(3) In cases involving orders of disposition for offenses that
would be violations of state law if committed by an adult, 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 in 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 assessments and other payments.
(4) In cases involving orders of disposition for offenses that
would be violations of local ordinances if committed by an adult,
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 in 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) Money allocated for payment of costs under subsection (3)
shall be paid to the county treasurer for deposit in the general
fund of the county. Money allocated for payment of fines under
subsection (3) shall be paid to the county treasurer to be used for
library purposes as provided by law.
(6) One-third of the money allocated for payment of fines and
costs under subsection (4) shall be paid to the treasurer of the
political subdivision whose ordinance was violated, and 2/3 of that
money shall be paid to the county treasurer for deposit in the
general fund of the county.
(7) As used in this section, "victim payment" means
restitution ordered under sections 30 and 31 and under the crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, 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. 1469.
(b) Senate Bill No. 1470.