September 20, 2012, Introduced by Rep. Lori and referred to the Committee on Judiciary.
A bill to create the Michigan crime stoppers act; to provide
for the designation of crime stoppers organizations within counties
for purposes of the act; to provide for the imposition and
expenditure of certain assessments; and to provide for certain
powers and duties of certain public and private officials and
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan crime stoppers act".
Sec. 2. The board of commissioners of a county may designate 1
entity that meets the requirements of section 3 to operate within
that county as the official crime stoppers organization for that
county. The entity is not required to be headquartered within that
county in order to be designated as the certified crime stoppers
organization for that county. More than 1 county board of
commissioners may designate a specific crime stoppers organization
as the crime stoppers organization for that respective county. If
the board of commissioners of a county designates or discontinues
the designation of an official crime stoppers organization for that
county, the board of commissioners shall promptly notify the
district court, circuit court, and each municipal court in that
county of that designation or discontinuation.
Sec. 3. (1) The county board of commissioners of a county may
designate an entity under section 2 to operate as the official
crime stoppers organization for that county only if all of the
following apply:
(a) The entity provides information received from informants
to police agencies within that county to identify and apprehend
individuals who have committed crimes against victims.
(b) The entity has a board of directors that meets at least
quarterly.
(c) The entity performs an independent annual audit that is
made available to the public.
(d) The entity does not use caller identification for any
telephone service on which information regarding criminal activity
is received.
(e) The entity protects the anonymity of informants who
provide information to the entity regarding criminal activity.
(f) The entity is a full member of crime stoppers of the
United States of America, inc.
(g) The entity is a Michigan corporation that is tax-exempt
under section 501(c)(3) of the United States internal revenue code.
(h) If the entity pays rewards for receiving information
regarding criminal activity, the entity has procedures for
determining the payment of those rewards and for protecting the
anonymity of the individuals who receive those awards.
(i) The entity maintains statistical data regarding all of the
following:
(i) If rewards are given, the number and the amounts of those
rewards.
(ii) The results obtained from information that was provided to
law enforcement agencies by the certified crime stoppers
organization, including the number and nature of anonymous tips
forwarded to law enforcement and any corresponding criminal charges
that were filed.
(j) The entity is engaged in activities directed at
identifying criminal suspects for the benefit of crime victims in a
manner that protects the dignity and privacy of crime victims,
including, but not limited to, providing a crime tips hotline and
offering rewards for information leading to the arrest and charging
of persons responsible for crimes.
(2) Information regarding any specific award paid by an entity
designated as an official crime stoppers organization under this
act is not subject to disclosure under the freedom of information
act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 4. (1) When an individual is charged with an offense that
is a felony or a misdemeanor, including an ordinance violation,
that is resolved by conviction, assignment of the defendant to
youthful trainee status, a delayed sentence, or a deferred entry of
judgment of guilt, or in another way that is not an acquittal or
unconditional dismissal, the court shall assess and the individual
shall pay an additional assessment as follows:
(a) If the offense is a misdemeanor, including an ordinance
violation, $5.00.
(b) If the offense is a felony, $10.00.
(2) The court shall order a defendant to pay only 1 assessment
under subsection (1) per criminal case. Payment of the assessment
shall be a condition of a probation order entered under chapter XI
of the code of criminal procedure, 1927 PA 175, MCL 771.1 to
771.14a, or a parole order under section 36 of the corrections code
of 1953, 1953 PA 232, MCL 791.236. If the defendant posted a cash
bond or bail deposit in connection with the case, the court shall
order the assessment collected out of that bond or deposit as
provided in section 15 of chapter V and section 22 of chapter XV of
the code of criminal procedure, 1927 PA 175, MCL 765.15 and 775.22,
or section 6 or 7 of 1966 PA 257, MCL 780.66 and 780.67. The
assessment under subsection (1) shall be in addition to any other
fine, penalty, cost, fee, or assessment otherwise required to be
imposed by the court. The court shall not suspend the payment of a
fee required under this section. The assessment under subsection
(1) is an assessment against convicted defendants authorized under
section 24 of article I of the state constitution of 1963.
(3) The clerk of the court shall collect all assessments under
this section. The clerk of the court may retain not more than 10%
of assessments collected under this section as an administrative
fee. The clerk of the court shall forward the balance of the
assessments collected under this section on a monthly basis to the
entity designated to be the official crime stoppers organization
for the county in which those violations were committed.
(4) If the court is notified by the board of commissioners of
a county that a different crime stoppers organization has been
designated as the official crime stoppers organization for that
county, the clerk of the court shall forward all assessments
collected on and after the date of notification to that other crime
stoppers organization. If the court is notified by the board of
commissioners of a county that the designation of an organization
as the official crime stoppers organization for a county has been
discontinued but no other organization has been named to succeed
that organization as the official crime stoppers organization for
the county, the court shall discontinue the collection of
assessments under this act until a successor organization is named,
but shall distribute the assessments already collected to the
previously designated organization.
Sec. 5. Assessments received by a crime stoppers organization
under this act shall be recorded and maintained separately from any
other funds received by that organization.
Sec. 6. Assessments received by a crime stoppers organization
under this act shall be used only for the following purposes for
the benefit of crime victims:
(a) To pay rewards to persons who provide information
regarding criminal activity to that crime stoppers organization.
(b) To operate telephone and other communications systems to
receive information from informants regarding criminal activity.
(c) Other purposes directly related to the operation of the
entity as a crime stoppers organization for the benefit of crime
victims.
Sec. 7. As used in this act, "convicted" means a determination
of guilt that is the result of a trial or the entry of a plea of
guilty or nolo contendere, regardless of whether adjudication is
withheld.