SB-0021, As Passed House, March 8, 2017

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 21

     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 2015 PA 9.

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 shall must be credited

to the fund.

     (2) The fund shall 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 shall 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 shall must be expended for this purpose from the

fund.

     (3) Beginning October 1, 2018, the amount expended for the

statewide trauma system from the fund shall 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.