HB-5055, As Passed Senate, December 19, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5055

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 1j of chapter IX (MCL 769.1j), as added by 2003

PA 70.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IX

     Sec. 1j. (1) Beginning October 1, 2003, if the court orders a

person convicted of an offense to pay any combination of a fine,

costs, or applicable assessments, the court shall order that the

person pay costs of not less than the following amount, as

applicable:

     (a) $60.00 $68.00, if the defendant is convicted of a felony.

     (b) $45.00 $53.00, if the defendant is convicted of a serious

misdemeanor or a specified misdemeanor.

     (c) $40.00 $48.00, if the defendant is convicted of a

misdemeanor not described in subdivision (b).

     (2) Of the costs ordered to be paid by a person convicted of

an offense, the clerk shall pay to the justice system fund created

in section 181 of the revised judicature act of 1961, 1961 PA 236,

MCL 600.181, the applicable amount specified as a minimum cost

under subsection (1).

     (3) Payment of the minimum state cost is a condition of

probation under chapter XI of this act.

     (4) If a defendant who is ordered to pay a minimum state cost

under subsection (1) posts a cash bond or bail deposit in

connection with the case, the court shall order that the minimum

state cost be collected out of the bond or deposit as provided in

section 15 of chapter V of this act or section 6 or 7 of 1966 PA

257, MCL 780.66 and 780.67.

     (5) If a defendant who is ordered to pay a minimum state cost

under this section is subject to any combination of fines, costs,

restitution, assessments, or payments arising out of the same

criminal prosecution, money collected from that person for the

payment of fines, costs, restitution, assessments, or other

payments shall be allocated as provided in section 22 of chapter

XV. A fine imposed for a felony, misdemeanor, or ordinance

violation shall not be waived unless costs, other than the minimum

cost ordered under subsection (2), are waived.

     (6) On the last day of each month, the clerk of the court

shall transmit the minimum state cost or portions of minimum state

cost collected under this section to the department of treasury for

deposit in the justice system fund created in section 181 of the

revised judicature act of 1961, 1961 PA 236, MCL 600.181.

     (7) As used in this section:

     (a) "Felony" means a violation of a penal law of this state

for which the offender may be punished by imprisonment for more

than 1 year or an offense expressly designated by law to be a

felony.

     (b) "Minimum state cost" means the applicable minimum cost to

be ordered for a conviction under subsection (1).

     (c) "Serious misdemeanor" means that term as defined in

section 61 of the William Van Regenmorter crime victim's rights

act, 1985 PA 87, MCL 780.811.

     (d) "Specified misdemeanor" means that term as defined in

section 1 of 1989 PA 196, MCL 780.901.

     Enacting section 1. This amendatory act takes effect April 1,

2009.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) Senate Bill No. 1616.

     (b) Senate Bill No. 1617.

     (c) Senate Bill No. 1618.

     (d) House Bill No. 5054.