HB-5901, As Passed House, May 15, 2018
May 1, 2018, Introduced by Rep. Whiteford and referred to the Committee on Appropriations.
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 4 (MCL 780.904), as amended by 2017 PA 15.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The crime victim's rights fund is created as a
separate fund in the state treasury. The state treasurer shall
credit to the fund all amounts received under this act and as
provided by law. The state treasurer shall invest fund money in the
same manner as surplus funds are invested under section 3 of 1855
PA 105, MCL 21.143. Earnings from the fund must be credited to the
fund.
(2) The fund must be expended only as provided in this act.
Amounts in the fund in excess of the necessary revenue needed to
pay for crime victim's rights services as determined by the
commission under section 3(a) may be used for crime victim
compensation under 1976 PA 223, MCL 18.351 to 18.368, including
compensation to minor crime victims. Any additional excess revenue
that has not been used for crime victim compensation may be used to
provide for establishment and maintenance of a statewide trauma
system, including staff support associated with trauma and related
emergency medical services program activities. Not more than
$3,500,000.00 must be expended for this purpose from the fund in
any fiscal year. For the 2014-2015 fiscal year only, not more than
$4,800,000.00 must be expended for this purpose from the fund.
(3)
Beginning October 1, 2018, 2021,
the amount expended for
the statewide trauma system from the fund must not exceed 50% of
the maximum allowable under subsection (2), unless the amount
expended is reasonably proportional to crime victims' utilization
of the statewide trauma system.
(4) Beginning December 31, 2017 and annually after that date,
the department shall report all of the following regarding minor
crime victims who received crime victim compensation under this
section to the legislature:
(a) The number of minor crime victims who received
compensation.
(b) The age, gender, and geographic location of minor crime
victims who received compensation.
(c) Whether the compensation was used for counseling or other
services.
(d) If the compensation was used for counseling, whether the
minor crime victim received the counseling during a 1-time visit or
over the course of multiple visits.
(5) As used in this section, "minor crime victim" means a
crime victim who is less than 18 years of age.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.