CRIME RESTITUTION                                                          H.B. 4510 (S-1): FLOOR ANALYSIS

House Bill 4510 (Substitute S-1 as reported) Sponsor: Representative James Ryan House Committee: Judiciary and Civil Rights

First Senate Committee: Families, Mental Health and Human Services Second Senate Committee: Judiciary

CONTENT

The bill would amend the Code of Criminal Procedure to specify that, in provisions concerning restitution for an offense, the court would have to order restitution, for the costs of services provided, to persons or entities that had provided services to the victim as a result of the crime. Services subject to restitution under the bill would include, but not be limited to, shelter, food, clothing, and transportation. The bill also provides that an order of restitution could be enforced by any person or entity named in the order to receive restitution, in addition to the prosecuting attorney, victim, and victim’s estate as currently provided.

Currently, the Code provides that, if a victim or his or her estate consents, an order of restitution may require that the defendant make restitution in services in lieu of money or make restitution to a person designated by the victim or his or her estate, if that person provided services to the victim as a result of the offense. Under the bill, restitution could continue to be made for services in lieu of money, but the bill would delete the provision allowing restitution to a person designated by the victim or victim’s estate if that person provided services to the victim as a result of the crime.

The bill would take effect on May 1, 1996.

MCL 769.1a                                                                                     Legislative Analyst: P. Affholter

FISCAL IMPACT

It appears that the bill would have no significant fiscal impact on State or local government. The amendments would require an order of restitution for services provided to the victim to be designated to organizations or programs.

Date Completed: 2-5-96                                                                                Fiscal Analyst: C. Cole

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.