SB-1616, As Passed House, December 19, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1616

     A bill to amend 1939 PA 288, entitled

"Probate code of 1939,"

by amending section 18m of chapter XIIA (MCL 712A.18m), as amended

by 2004 PA 102.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

                             CHAPTER XIIA

     Sec. 18m. (1) If a juvenile is within the court's jurisdiction

under section 2(a)(1) of this chapter, and is ordered to pay any

combination of fines, costs, restitution, assessments, or payments

arising out of the same juvenile proceeding, the court shall order

the juvenile to pay costs of not less than the following amount, as

applicable:

     (a) $60.00 $68.00, if the juvenile is found to be within the

court's jurisdiction for a felony.

     (b) $45.00 $53.00, if the juvenile is found to be within the

court's jurisdiction for a serious misdemeanor or a specified

misdemeanor.

     (c) $40.00 $48.00, if the juvenile is found to be within the

court's jurisdiction for a misdemeanor not described in subdivision

(b) or of an ordinance violation.

     (2) Of the costs ordered to be paid, the clerk of the court

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 in subsection (1).

     (3) If a juvenile 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

juvenile proceeding, money collected from that person for the

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

payments shall be allocated as provided in section 29 of this

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

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

state cost, are waived.

     (4) 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.

     (5) 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 under subsection (1).

     (c) "Ordinance violation" means that term as defined in

section 1 of chapter I of the code of criminal procedure, 1927 PA

175, MCL 761.1.

     (d) "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.

     (e) "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. 1617.

     (b) Senate Bill No. 1618.

     (c) House Bill No. 5054.

     (d) House Bill No. 5055.