SB-0535, As Passed Senate, September 14, 2011
June 29, 2011, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1j of chapter IX (MCL 769.1j), as amended by
2008 PA 547.
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) $68.00, if the defendant is convicted of a felony.
(b) $53.00, if the defendant is convicted of a serious
misdemeanor or a specified misdemeanor.
(c) $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. a misdemeanor violation of
any of the following:
(i) Section 602a, 625(1) or (3), 626, or 904 of the Michigan
vehicle code, 1949 PA 300, MCL 257.602a, 257.625, 257.626, and
257.904.
(ii) Section 82127(1) or (3), 81134(1) or (2), 81135, or
80176(1) or (3) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82127, 324.81134, 324.81135,
and 324.80176.
(iii) Section 185 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185.
(iv) Part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461.
(v) Section 701 of the Michigan liquor control code of 1998,
1998 PA 58, MCL 436.1701.
(vi) Section 353 or 355 of the railroad code of 1993, 1993 PA
354, MCL 462.353 and 462.355.
(vii) Section 174, 218, 356, 356d, 359, 362, 362a, 377a, 380,
479a, 535, or 540e of the Michigan penal code, 1931 PA 328, MCL
750.174, 750.218, 750.356, 750.356d, 750.359, 750.362, 750.362a,
750.377a, 750.380, 750.479a, 750.535, and 750.540e.
(viii) A local ordinance substantially corresponding to a law
listed in subparagraphs (i) to (vii).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 536
of the 96th Legislature is enacted into law.