April 19, 2005, Introduced by Reps. Sak, Wojno, Plakas, Lipsey and Gaffney and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 1f and 3 of chapter IX, section 3 of chapter
XI, section 8 of chapter XII, and section 22 of chapter XIV (MCL
769.1f, 769.3, 771.3, 772.8, and 774.22), section 1f of chapter IX
as amended by 2002 PA 120, section 3 of chapter IX as amended by
1998 PA 231, section 3 of chapter XI as amended by 2004 PA 330,
section 8 of chapter XII as amended by 1994 PA 71, and section 22
of chapter XIV as amended by 1980 PA 506.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec.
1f. (1) As part of the sentence for a conviction of any
of
the following offenses offense,
in addition to any other
penalty authorized by law, the court may order the person convicted
to reimburse the state or a local unit of government for expenses
incurred in relation to that incident including but not limited to
expenses for an emergency response and expenses for prosecuting the
person,
as provided in this section. :
(a)
A violation or attempted violation of section 625(1), (3),
(4),
(5), (6), or (7) or section 625m of the Michigan vehicle code,
1949
PA 300, MCL 257.625 and 257.625m, or of a local ordinance
substantially
corresponding to section 625(1), (3), or (6) or
section
625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625
and
257.625m.
(b)
Felonious driving, negligent homicide, manslaughter, or
murder,
or attempted felonious driving, negligent homicide,
manslaughter,
or murder, resulting from the operation of a motor
vehicle,
snowmobile, ORV, aircraft, vessel, or locomotive engine
while
the person was impaired by or under the influence of
intoxicating
liquor or a controlled substance, as defined in
section
7104 of the public health code, 1978 PA 368, MCL 333.7104,
or
a combination of intoxicating liquor and a controlled substance,
or
had an unlawful blood alcohol content.
(c)
A violation or attempted violation of section 82127 of the
natural
resources and environmental protection act, 1994 PA 451,
MCL
324.82127.
(d)
A violation or attempted violation of section 81134 or
81135
of the natural resources and environmental protection act,
1994
PA 451, MCL 324.81134 and 324.81135.
(e)
A violation or attempted violation of section 185 of the
aeronautics
code of the state of Michigan, 1945 PA 327, MCL
259.185.
(f)
A violation or attempted violation of section 80176(1),
(3),
(4), or (5) of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.80176, or a local ordinance
substantially
corresponding to section 80176(1) or (3) of the
natural
resources and environmental protection act, 1994 PA 451,
MCL
324.80176.
(g)
A violation or attempted violation of section 353 or 355
of
the railroad code of 1993, 1993 PA 354, MCL 462.353 and 462.355.
(h)
A violation or attempted violation of section 411a(2) of
the
Michigan penal code, 1931 PA 328, MCL 750.411a.
(i)
A finding of guilt for criminal contempt for a violation
of
a personal protection order issued under section 2950 or 2950a
of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2950
and
600.2950a, or for a violation of a foreign protection order
that
satisfies the conditions for validity provided in section
2950i
of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950i.
(2) The expenses for which reimbursement may be ordered under
this section include all of the following:
(a) The salaries or wages, including overtime pay, of law
enforcement personnel for time spent responding to the incident
from which the conviction arose, arresting the person convicted,
processing the person after the arrest, preparing reports on the
incident, investigating the incident, and collecting and analyzing
evidence, including, but not limited to, determining bodily alcohol
content and determining the presence of and identifying controlled
substances in the blood, breath, or urine.
(b) The salaries, wages, or other compensation, including
overtime pay, of fire department and emergency medical service
personnel, including volunteer fire fighters or volunteer emergency
medical service personnel, for time spent in responding to and
providing fire fighting, rescue, and emergency medical services in
relation to the incident from which the conviction arose.
(c) The cost of medical supplies lost or expended by fire
department and emergency medical service personnel, including
volunteer fire fighters or volunteer emergency medical service
personnel, in providing services in relation to the incident from
which the conviction arose.
(d) The salaries, wages, or other compensation, including, but
not limited to, overtime pay of prosecution personnel for time
spent investigating and prosecuting the crime or crimes resulting
in conviction.
(e) The cost of extraditing a person from another state to
this state including, but not limited to, all of the following:
(i) Transportation costs.
(ii) The salaries or wages of law enforcement and prosecution
personnel, including overtime pay, for processing the extradition
and returning the person to this state.
(3) If police, fire department, or emergency medical service
personnel from more than 1 unit of government incurred expenses as
described in subsection (2), the court may order the person
convicted to reimburse each unit of government for the expenses it
incurred.
(4) The amount ordered to be paid under this section shall be
paid to the clerk of the court, who shall transmit the appropriate
amount to the unit or units of government named in the order to
receive reimbursement. If not otherwise provided by the court under
this subsection, the reimbursement ordered under this section shall
be made immediately. However, the court may require that the person
make the reimbursement ordered under this section within a
specified period or in specified installments.
(5) The court shall not require a defendant to pay costs under
this section unless the defendant is or will be able to pay them
during the sentence term. In determining the amount and method of
payment of costs, the court shall take into account the defendant's
financial resources and the nature of the burden that payment of
costs will impose, with due regard to his or her other obligations.
(6) A defendant who is required to pay costs under this
section and who is not in willful default of the payment of the
costs may petition the sentencing judge or his or her successor at
any time for a remission of the payment of any unpaid portion of
those costs. If the court determines that payment of the amount due
will impose a manifest hardship on the defendant or his or her
immediate family, the court may remit all or part of the amount due
in costs or modify the method of payment.
(7)
(5) If the person convicted is placed on probation or
paroled, any reimbursement ordered under this section shall be a
condition of that probation or parole. The court may revoke
probation and the parole board may revoke parole if the person
fails to comply with the order and if the person has not made a
good faith effort to comply with the order. In determining whether
to revoke probation or parole, the court or parole board shall
consider the person's employment status, earning ability, number of
dependents, and financial resources, the willfulness of the
person's failure to pay, and any other special circumstances that
may have a bearing on the person's ability to pay.
(8) (6)
An order for reimbursement under
this section may
be enforced by the prosecuting attorney or the state or local unit
of government named in the order to receive the reimbursement in
the same manner as a judgment in a civil action.
(9) (7)
Notwithstanding any other
provision of this section,
a person shall not be imprisoned, jailed, or incarcerated for a
violation of parole or probation, or otherwise, for failure to make
a reimbursement as ordered under this section unless the court
determines that the person has the resources to pay the ordered
reimbursement and has not made a good faith effort to do so.
(10) (8)
A local unit of government may
elect to be
reimbursed for expenses under this section or a local ordinance, or
a combination of this section and a local ordinance. This
subsection does not allow a local unit of government to be fully
reimbursed more than once for any expense incurred by that local
unit of government.
(9)
As part of the sentence for a conviction of any violation
or
attempted violation of chapter XXXIII, section 327, 327a, 328,
or
436, or chapter LXXXIII-A of the Michigan penal code, 1931 PA
328,
MCL 750.200 to 750.212a, 750.327, 750.327a, 750.328, and
750.436,
and 750.543a to 750.543z, in addition to any other penalty
authorized
by law, the court shall order the person convicted to
reimburse
any government entity for expenses incurred in relation
to
that incident including, but not limited to, expenses for an
emergency
response and expenses for prosecuting the person, as
provided
in subsections (2) to (8). As used in this subsection,
"government
entity" means this state, a local unit of government,
or
the United States government.
(11) (10)
As used in this section:
(a)
"Aircraft" means that term as defined in section 4
2 of
the
aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.4
259.2.
(b) "Local unit of government" means any of the following:
(i) A city, village, township, or county.
(ii) A local or intermediate school district.
(iii) A public school academy.
(iv) A community college.
(c) "Motor vehicle" means that term as defined in section 33
of the Michigan vehicle code, 1949 PA 300, MCL 257.33.
(d) "ORV" means that term as defined in section 81101 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.81101.
(e) "Snowmobile" means that term as defined in section 82101
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.82101.
(f) "State" includes a state institution of higher education.
(g) "Vessel" means that term as defined in section 80104 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.80104.
Sec. 3. (1) If a person is convicted of an offense punishable
by a fine or imprisonment, or both, the court may impose a
conditional sentence and order the person to pay a fine, with or
without the costs of prosecution, and restitution as provided under
section 1a of this chapter or the crime victim's rights act, 1985
PA 87, MCL 780.751 to 780.834, within a limited time stated in the
sentence and, in default of payment, sentence the person as
provided by law.
(2) Except for a person who is convicted of criminal sexual
conduct in the first or third degree, the court may also place the
offender on probation with the condition that the offender pay a
fine, costs, damages, restitution, or any combination in
installments with any limited time and may, upon default in any of
those payments, impose sentence as provided by law.
(3) The court shall not require a defendant to pay costs under
this section unless the defendant is or will be able to pay them
during the conditional sentence. In determining the amount and
method of payment of costs, the court shall take into account the
defendant's financial resources and the nature of the burden that
payment of costs will impose, with due regard to his or her other
obligations.
(4) A defendant who is required to pay costs under this
section and who is not in willful default of the payment of the
costs may petition the sentencing judge or his or her successor at
any time for a remission of the payment of any unpaid portion of
those costs. If the court determines that payment of the amount due
will impose a manifest hardship on the defendant or his or her
immediate family, the court may remit all or part of the amount due
in costs or modify the method of payment.
(5) If a defendant is required to pay costs as part of a
conditional sentence, the court may require payment to be made
immediately or may provide for payment to be made within a
specified period of time or in specified installments.
CHAPTER XI
Sec. 3. (1) The sentence of probation shall include all of the
following conditions:
(a) During the term of his or her probation, the probationer
shall not violate any criminal law of this state, the United
States, or another state or any ordinance of any municipality in
this state or another state.
(b) During the term of his or her probation, the probationer
shall not leave the state without the consent of the court granting
his or her application for probation.
(c) The probationer shall report to the probation officer,
either in person or in writing, monthly or as often as the
probation officer requires. This subdivision does not apply to a
juvenile placed on probation and committed under section 1(3) or
(4) of chapter IX to an institution or agency described in the
youth rehabilitation services act, 1974 PA 150, MCL 803.301 to
803.309.
(d) If sentenced in circuit court, the probationer shall pay a
probation supervision fee as prescribed in section 3c of this
chapter.
(e) The probationer shall pay restitution to the victim of the
defendant's course of conduct giving rise to the conviction or to
the victim's estate as provided in chapter IX. An order for payment
of restitution may be modified and shall be enforced as provided in
chapter IX.
(f) The probationer shall pay an assessment ordered under
section 5 of 1989 PA 196, MCL 780.905.
(g) The probationer shall pay the minimum state cost
prescribed by section 1j of chapter IX.
(h) If the probationer is required to be registered under the
sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.732,
the probationer shall comply with that act.
(i) The probationer shall pay the costs of the prosecution
giving rise to the conviction. The court may allow the probationer
to pay those costs in installments as provided in the order.
(2) As a condition of probation, the court may require the
probationer to do 1 or more of the following:
(a) Be imprisoned in the county jail for not more than 12
months, at the time or intervals, which may be consecutive or
nonconsecutive, within the probation as the court determines.
However, the period of confinement shall not exceed the maximum
period of imprisonment provided for the offense charged if the
maximum period is less than 12 months. The court may permit day
parole as authorized under 1962 PA 60, MCL 801.251 to 801.258. The
court may permit a work or school release from jail. This
subdivision does not apply to a juvenile placed on probation and
committed under section 1(3) or (4) of chapter IX to an institution
or agency described in the youth rehabilitation services act, 1974
PA 150, MCL 803.301 to 803.309.
(b) Pay immediately or within the period of his or her
probation a fine imposed when placed on probation.
(c) Pay costs other than the costs of prosecution described in
subsection (1)(i) pursuant to subsection (5).
(d) Pay any assessment ordered by the court other than an
assessment described in subsection (1)(f).
(e) Engage in community service.
(f) Agree to pay by wage assignment any restitution,
assessment, fine, or cost imposed by the court.
(g) Participate in inpatient or outpatient drug treatment or,
beginning January 1, 2005, participate in a drug treatment court
under chapter 10A of the revised judicature act of 1961, 1961 PA
236, MCL 600.1060 to 600.1082.
(h) Participate in mental health treatment.
(i) Participate in mental health or substance abuse
counseling.
(j) Participate in a community corrections program.
(k) Be under house arrest.
(l) Be subject to electronic monitoring.
(m) Participate in a residential probation program.
(n) Satisfactorily complete a program of incarceration in a
special alternative incarceration unit as provided in section 3b of
this chapter.
(o) Be subject to conditions reasonably necessary for the
protection of 1 or more named persons.
(p) Reimburse the county for expenses incurred by the county
in connection with the conviction for which probation was ordered
as provided in the prisoner reimbursement to the county act, 1984
PA 118, MCL 801.81 to 801.93.
(q) Complete his or her high school education or obtain the
equivalency of a high school education in the form of a general
education development (GED) certificate.
(3) The court may impose other lawful conditions of probation
as the circumstances of the case require or warrant or as in its
judgment are proper.
(4) If an order or amended order of probation contains a
condition for the protection of 1 or more named persons as provided
in subsection (2)(o), the court or a law enforcement agency within
the court's jurisdiction shall enter the order or amended order
into the law enforcement information network. If the court rescinds
the order or amended order or the condition, the court shall remove
the order or amended order or the condition from the law
enforcement information network or notify that law enforcement
agency and the law enforcement agency shall remove the order or
amended order or the condition from the law enforcement information
network.
(5) If the court requires the probationer to pay costs under
subsection (2), the costs shall be limited to expenses specifically
incurred in prosecuting the defendant or providing legal assistance
to the defendant and supervision of the probationer.
(6) If the court imposes costs under subsection (2) as part of
a sentence of probation, all of the following apply:
(a) The court shall not require a probationer to pay costs
under subsection (2) unless the probationer is or will be able to
pay them during the term of probation. In determining the amount
and method of payment of costs under subsection (2), the court
shall take into account the probationer's financial resources and
the nature of the burden that payment of costs will impose, with
due regard to his or her other obligations.
(b) A probationer who is required to pay costs under
subsection (1)(g) or (2)(c) and who is not in willful default of
the payment of the costs may petition the sentencing judge or his
or her successor at any time for a remission of the payment of any
unpaid portion of those costs. If the court determines that payment
of the amount due will impose a manifest hardship on the
probationer or his or her immediate family, the court may remit all
or part of the amount due in costs or modify the method of payment.
(7) If a probationer is required to pay costs as part of a
sentence of probation, the court may require payment to be made
immediately or the court may provide for payment to be made within
a specified period of time or in specified installments.
(8) If a probationer is ordered to pay costs as part of a
sentence of probation, compliance with that order shall be a
condition of probation. The court may revoke probation if the
probationer fails to comply with the order and if the probationer
has not made a good faith effort to comply with the order. In
determining whether to revoke probation, the court shall consider
the probationer's employment status, earning ability, and financial
resources, the willfulness of the probationer's failure to pay, and
any other special circumstances that may have a bearing on the
probationer's ability to pay. The proceedings provided for in this
subsection are in addition to those provided in section 4 of this
chapter.
(9) If sentencing is deferred in the circuit court, the court
shall require the individual to pay a supervision fee in the same
manner as is prescribed for a delayed sentence under section 1(3)
of this chapter, shall require the individual to pay the minimum
state costs prescribed by section 1j of chapter IX, and may impose,
as applicable, the conditions of probation described in subsections
(1), (2), and (3).
(10) If sentencing is delayed or deferred in the district
court or in a municipal court, the court shall require the
individual to pay the minimum state costs prescribed by section 1j
of chapter IX and may impose, as applicable, the conditions of
probation described in subsections (1), (2), and (3).
CHAPTER XII
Sec. 8. (1) If an order respecting costs is not made by the
court, costs shall be allowed and paid in the same manner as costs
in a prosecution of a minor offense in the same court. If a person
is
required to give security to keep the peace, the court may
further
shall order that the costs
of prosecution or any part of
those costs be paid by that person.
(2) The person shall be committed until the costs are paid or
until the person is otherwise legally discharged. However, the
court shall not require a person to pay costs unless the person is
or will be able to pay them. In determining the amount and method
of payment of costs, the court shall take into account the person's
financial resources and the nature of the burden that payment of
costs will impose, with due regard to his or her other obligations.
(3) A person who is required to pay costs under this section
and who is not in willful default of the payment of the costs may
petition the sentencing judge or his or her successor at any time
for a remission of the payment of any unpaid portion of those
costs. If the court determines that payment of the amount due will
impose a manifest hardship on the person or his or her immediate
family, the court may remit all or part of the amount due in costs
or modify the method of payment.
(4) The court may require payment of costs to be made
immediately or may provide for payment to be made within a
specified period of time or in specified installments.
CHAPTER XIV
Sec. 22. (1) If the accused is tried and found guilty in a
municipal
court , either by the court or by a jury , or is
convicted
upon a plea of guilty or nolo
contendere, the court shall
render
enter a judgment and
sentence the accused , either by a
fine
, or imprisonment, or both. , as the case may
require. The
court
also may shall also order the accused to pay the costs of
prosecution and may order the accused to pay other reasonable costs
and
expenses, direct and indirect, as to which the public has
been
put to in connection with the offense, not to exceed $15.00
for the other costs and expenses in a criminal case. The punishment
provided for by the sentence shall not exceed the limit fixed by
law for the offense charged.
(2) The court shall not require a defendant to pay costs under
this section unless the defendant is or will be able to pay them
during the sentence term. In determining the amount and method of
payment of costs, the court shall take into account the defendant's
financial resources and the nature of the burden that payment of
costs will impose, with due regard to his or her other obligations.
(3) A defendant who is required to pay costs under this
section and who is not in willful default of the payment of the
costs may petition the sentencing judge or his or her successor at
any time for a remission of the payment of any unpaid portion of
those costs. If the court determines that payment of the amount due
will impose a manifest hardship on the defendant or his or her
immediate family, the court may remit all or part of the amount due
in costs or modify the method of payment.
(4) If a defendant is required to pay costs as part of the
sentence, the court may require payment to be made immediately or
may provide for payment to be made within a specified period of
time or in specified installments.