SB-0538, As Passed House, December 13, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 538

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 8381 (MCL 600.8381), as amended by 2003 PA 96.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 8381. (1) Until October 1, 2003, when fines and costs are

assessed by a magistrate, a traffic bureau, or a judge of the

district court, not less than $9.00 shall be assessed as costs and

collected for each conviction or civil infraction determination and

each guilty plea or civil infraction admission except for parking

violations. Of the costs assessed and collected, for each

conviction or civil infraction determination and each guilty plea

or civil infraction admission, $9.00 shall be paid to the clerk of

the district court.

     (2) The clerk of the district court, on or before the

fifteenth day of the month following the month in which costs are

collected under subsection (1), shall transmit the following

amounts:

     (a) Until October 1, 2003, the clerk shall transmit 45 cents

of the costs collected to the executive secretary of the Michigan

judges retirement system created by the judges retirement act of

1992, 1992 PA 234, MCL 38.2101 to 38.2670, and shall transmit $8.55

of the costs collected to the state treasurer. Of each $8.55

received, the state treasurer shall deposit 30 cents in the

legislative retirement fund created by the Michigan legislative

retirement system act, 1957 PA 261, MCL 38.1001 to 38.1080; $4.25

in the court equity fund created under section 151b; and shall

deposit the balance in the state court fund created by section

151a.

     (b) Beginning October 1, 2003, the clerk shall transmit $9.00

of any costs assessed before October 1, 2003 to the justice system

fund created in section 181 of the revised judicature act of 1961,

1961 PA 236, MCL 600.181.

     (3) Until October 1, 2003, the clerk of the district court

shall prepare and submit a court filing fee report to the executive

secretary of the Michigan judges retirement system created by the

judges retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670,

at the same time the clerk of the district court transmits the

portion of the costs collected under this section to the executive

secretary.

     (4) Beginning October 1, 2003, when fines and costs are

assessed by a judge or district court magistrate, the defendant

shall be ordered to pay costs of not less than $45.00 $50.00 for

each conviction for a serious misdemeanor or a specified

misdemeanor or costs of not less than $40.00 for each conviction

for any other misdemeanor or ordinance violation.

     (5) Beginning October 1, 2003, when fines and costs are

assessed by a judge or district court magistrate in a civil

infraction action, the defendant shall be ordered to pay the state

assessment required by section 8727 or 8827 of this act or by

section 907 of the Michigan vehicle code, 1949 PA 300, MCL 257.907.

     (6) As used in this section, :

     (a) "Ordinance "ordinance violation" means that term as

defined in section 1 of chapter I of the code of criminal

procedure, 1927 PA 175, MCL 761.1.

     (b) "Serious misdemeanor" means that term as defined in

section 61 of the crime victim's rights act, 1985 PA 87, MCL

780.811.

     (c) "Specified misdemeanor" means that term as defined in

section 1 of 1989 PA 196, MCL 780.901.

     Enacting section 1. This amendatory act takes effect April 1,

2012.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 536 of the 96th Legislature is enacted into

law.