HB-5785, As Passed House, October 2, 2014HB-5785, As Passed Senate, October 2, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5785

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 1k of chapter IX (MCL 769.1k), as amended by

2006 PA 655.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IX

     Sec. 1k. (1) If a defendant enters a plea of guilty or nolo

contendere or if the court determines after a hearing or trial that

the defendant is guilty, both of the following apply at the time of

the sentencing or at the time entry of judgment of guilt is

deferred pursuant to statute or sentencing is delayed pursuant to

statute:

     (a) The court shall impose the minimum state costs as set

forth in section 1j of this chapter.

     (b) The court may impose any or all of the following:

     (i) Any fine authorized by the statute for a violation of which

the defendant entered a plea of guilty or nolo contendere or the

court determined that the defendant was guilty.

     (ii) Any cost in addition to the minimum state cost set forth

in subdivision (a).authorized by the statute for a violation of

which the defendant entered a plea of guilty or nolo contendere or

the court determined that the defendant was guilty.

     (iii) Until 36 months after the date the amendatory act that

added subsection (7) is enacted into law, any cost reasonably

related to the actual costs incurred by the trial court without

separately calculating those costs involved in the particular case,

including, but not limited to, the following:

     (A) Salaries and benefits for relevant court personnel.

     (B) Goods and services necessary for the operation of the

court.

     (C) Necessary expenses for the operation and maintenance of

court buildings and facilities.

(iv) (iii) The expenses of providing legal assistance to the

defendant.

(v) (iv) Any assessment authorized by law.

(vi) (v) Reimbursement under section 1f of this chapter.

     (2) In addition to any fine, cost, or assessment imposed under

subsection (1), the court may order the defendant to pay any

additional costs incurred in compelling the defendant's appearance.

     (3) Subsections (1) and (2) apply even if the defendant is

placed on probation, probation is revoked, or the defendant is

discharged from probation.

     (4) The court may require the defendant to pay any fine, cost,

or assessment ordered to be paid under this section by wage

assignment.

     (5) The court may provide for the amounts imposed under this

section to be collected at any time.

     (6) Except as otherwise provided by law, the court may apply

payments received on behalf of a defendant that exceed the total of

any fine, cost, fee, or other assessment imposed in the case to any

fine, cost, fee, or assessment that the same defendant owes in any

other case.

     (7) Beginning January 1, 2015, the court shall make available

to a defendant information about any fine, cost, or assessment

imposed under subsection (1), including information about any cost

imposed under subsection (1)(b)(iii). However, the information is not

required to include the calculation of the costs involved in a

particular case.

     (8) If the court imposes any cost under subsection (1)(b)(iii),

no later than March 31 of each year the clerk of the court shall

transmit a report to the state court administrative office in a

manner prescribed by the state court administrative office that

contains all of the following information for the previous calendar

year:

     (a) The name of the court.

     (b) The total number of cases in which costs under subsection

(1)(b)(iii) were imposed by that court.

     (c) The total amount of costs that were imposed by that court

under subsection (1)(b)(iii).

     (d) The total amount of costs imposed under subsection

(1)(b)(iii) that were collected by that court.

     (9) No later than July 1 of each year, the state court

administrative office shall compile all data submitted under

subsection (8) during the preceding calendar year and submit a

written report to the governor, the secretary of the senate, and

the clerk of the house of representatives. The report described in

this subsection shall be made available to the public by the

secretary of the senate and the clerk of the house of

representatives.

     (10) A defendant shall not be imprisoned, jailed, or

incarcerated for the nonpayment of costs ordered under this section

unless the court determines that the defendant has the resources to

pay the ordered costs and has not made a good-faith effort to do

so.

     Enacting section 1. This amendatory act applies to all fines,

costs, and assessments ordered or assessed under section 1k of

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

769.1k, before June 18, 2014, and after the effective date of this

amendatory act.

     Enacting section 2. This amendatory act is a curative measure

that addresses the authority of courts to impose costs under

section 1k of chapter IX of the code of criminal procedure, 1927 PA

175, MCL 769.1k, before the issuance of the supreme court opinion

in People v Cunningham, ______Mich______(2014) (No. 147437 released

June 18, 2014).