January 18, 2017, Introduced by Senators WARREN, PROOS, O'BRIEN, JONES, COLBECK, KNOLLENBERG, HORN, BOOHER, SCHUITMAKER, BRANDENBURG, HANSEN, KOWALL, GREGORY and JOHNSON and referred to the Committee on Michigan Competitiveness.
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 be credited to the
fund.
(2) The fund shall be expended only as provided in this act.
Amounts in the fund in excess of the necessary revenue 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. Any
additional excess revenue that has not been used for crime victim
compensation
may be used to as follows:
(a) 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 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 be expended for this purpose from
the fund.
(b) To be provided to children's advocacy centers to assist in
providing services to children who have experienced trauma or abuse
as a result of a criminal offense. Not more than $1,000,000.00
shall be expended for this purpose from the fund in any fiscal
year.
(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) As used in this section, "children's advocacy center"
means that term as defined in section 2 of the children's advocacy
act, 2008 PA 544, MCL 722.1042, that allows for a law enforcement
agency, a prosecuting attorney, or a child protective services
investigator to observe a forensic interview with a child who has
experienced trauma or abuse as a result of a criminal offense. A
children's advocacy center may also be a place where a child who
has experienced trauma or abuse as a result of a criminal offense
and the nonoffending caregiver may receive support, crisis
intervention, and ongoing therapy for the trauma or abuse.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.