HOUSE BILL No. 5356


     February 15, 2000, Introduced by Reps. Schermesser, DeHart, Rivet, DeRossett, Bogardus, Bovin, Hale and Scott and referred
to the Committee on Criminal Law and Corrections.


        A bill to amend 1939 PA 288, entitled

   "Probate code of 1939,"

   (MCL 701.1 to 712A.32) by adding section 18l to chapter XII.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                 CHAPTER XII

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           SEC. 18l.  (1) IF A JUVENILE IS FOUND TO BE WITHIN THE

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      COURT'S JURISDICTION UNDER SECTION 2(A)(1) OF THIS CHAPTER FOR AN

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      OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD BE A VIOLATION OF

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      SECTION 411A(2) OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

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      750.411A, HAVING TO DO WITH A FALSE REPORT OF A CRIME RELATING TO

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      A BOMBING, BOTH OF THE FOLLOWING APPLY:

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           (A) THE COURT SHALL ORDER THAT THE JUVENILE BE EVALUATED TO

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      DETERMINE THE NEED FOR PSYCHIATRIC OR PSYCHOLOGICAL COUNSELING,

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      AND, IF DETERMINED APPROPRIATE BY THE COURT, TO RECEIVE

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      PSYCHIATRIC OR PSYCHOLOGICAL COUNSELING.


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           (B) THE COURT SHALL ORDER THE JUVENILE TO PAY TO THE LOCAL

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      UNIT OF GOVERNMENT THE COSTS OF RESPONDING TO THE FALSE REPORT

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      INCLUDING, BUT NOT LIMITED TO, USE OF POLICE OR FIRE EMERGENCY

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      RESPONSE VEHICLES AND PERSONNEL.

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           (2) IF THE COURT DETERMINES THAT THE JUVENILE IS OR WILL BE

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      UNABLE TO PAY ALL OF THE RESTITUTION ORDERED UNDER SUBSECTION

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      (1)(B), AFTER NOTICE TO THE JUVENILE'S PARENT OR PARENTS AND AN

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      OPPORTUNITY FOR THE PARENT OR PARENTS TO BE HEARD, THE COURT MAY

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      ORDER THE PARENT OR PARENTS HAVING SUPERVISORY RESPONSIBILITY FOR

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      THE JUVENILE AT THE TIME OF THE OFFENSE TO PAY ANY PORTION OF THE

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      RESTITUTION ORDERED THAT IS OUTSTANDING.  AN ORDER UNDER THIS

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      SUBSECTION DOES NOT RELIEVE THE JUVENILE OF HIS OR HER OBLIGATION

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      TO PAY RESTITUTION AS ORDERED, BUT THE AMOUNT OWED BY THE JUVE-

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      NILE SHALL BE OFFSET BY ANY AMOUNT PAID BY HIS OR HER PARENT.  AS

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      USED IN THIS SUBSECTION, "PARENT" DOES NOT INCLUDE A FOSTER

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      PARENT.  IF THE COURT ORDERS A PARENT TO PAY RESTITUTION UNDER

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      THIS SUBSECTION, THE COURT SHALL TAKE INTO ACCOUNT THE FINANCIAL

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      RESOURCES OF THE PARENT AND THE BURDEN THAT THE PAYMENT OF RESTI-

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      TUTION WILL IMPOSE, WITH DUE REGARD TO ANY OTHER MORAL OR LEGAL

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      FINANCIAL OBLIGATIONS THAT THE PARENT MAY HAVE AND SHALL PROVIDE

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      FOR PAYMENT TO BE MADE IN SPECIFIED INSTALLMENTS AND WITHIN A

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      SPECIFIED PERIOD OF TIME.  A PARENT WHO HAS BEEN ORDERED TO PAY

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      RESTITUTION UNDER THIS SUBSECTION MAY PETITION THE COURT FOR A

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      MODIFICATION OF THE AMOUNT OF RESTITUTION OWED BY THE PARENT OR

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      FOR A CANCELLATION OF ANY UNPAID PORTION OF THE PARENT'S

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      OBLIGATION.  THE COURT SHALL CANCEL ALL OR PART OF THE PARENT'S





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      OBLIGATION DUE IF THE COURT DETERMINES THAT PAYMENT OF THE AMOUNT

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      DUE WILL IMPOSE A MANIFEST HARDSHIP ON THE PARENT.

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           (3) THIS SECTION DOES NOT PRECLUDE THE COURT FROM ENTERING

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      ANY OTHER ORDER OF DISPOSITION ALLOWED UNDER THIS CHAPTER.
















































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