HOUSE BILL No. 5771 March 5, 2002, Introduced by Reps. Wojno, Callahan, Rocca, Plakas, Mans, Gieleghem, Spade and Lemmons and referred to the Committee on Criminal Justice. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1f of chapter IX (MCL 769.1f), as amended by 2000 PA 372. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER IX 2 Sec. 1f. (1) As part of the sentence for a convictionof3 FOR anyof the following offensesCRIMINAL OFFENSE, in addition 4 to any other penalty authorized by law, the court may order the 5 person convicted to reimburse the state or a local unit of gov- 6 ernment for expenses incurred in relation to that incident 7 including but not limited to expenses for an emergency response 8 and expenses for prosecuting the person, as provided in this 9 section.:05605'01 TVD 2 1(a) A violation or attempted violation of section 625(1),2(3), (4), (5), (6), or (7) or section 625m of the Michigan3vehicle code, 1949 PA 300, MCL 257.625 and 257.625m, or of a4local ordinance substantially corresponding to section 625(1),5(3), or (6) or section 625m of the Michigan vehicle code, 19496PA 300, MCL 257.625 and 257.625m.7(b) Felonious driving, negligent homicide, manslaughter, or8murder, or attempted felonious driving, negligent homicide, man-9slaughter, or murder, resulting from the operation of a motor10vehicle, snowmobile, ORV, aircraft, vessel, or locomotive engine11while the person was impaired by or under the influence of intox-12icating liquor or a controlled substance, as defined in section137104 of the public health code, 1978 PA 368, MCL 333.7104, or a14combination of intoxicating liquor and a controlled substance, or15had an unlawful blood alcohol content.16(c) A violation or attempted violation of section 82127 of17the natural resources and environmental protection act, 199418PA 451, MCL 324.82127.19(d) A violation or attempted violation of section 81134 or2081135 of the natural resources and environmental protection act,211994 PA 451, MCL 324.81134 and 324.81135.22(e) A violation or attempted violation of section 185 of the23aeronautics code of the state of Michigan, 1945 PA 327,24MCL 259.185.25(f) A violation or attempted violation of section 80176(1),26(3), (4), or (5) of the natural resources and environmental27protection act, 1994 PA 451, MCL 324.80176, or a local ordinance05605'01 3 1substantially corresponding to section 80176(1) or (3) of the2natural resources and environmental protection act, 1994 PA 451,3MCL 324.80176.4(g) A violation or attempted violation of section 353 or 3555of the railroad code of 1993, 1993 PA 354, MCL 462.353 and6462.355.7(h) A violation or attempted violation of chapter XXXIII or8section 327, 327a, 328, or 411a(2) of the Michigan penal code,91931 PA 328, MCL 750.200 to 750.212a, 750.327, 750.327a, 750.328,10and 750.411a.11 (2) The expenses for which reimbursement may be ordered 12 under this section include all of the following: 13 (a) The salaries or wages, including overtime pay, of law 14 enforcement personnel for time spent responding to the incident 15 from which the conviction arose, arresting the person convicted, 16 processing the person after the arrest, preparing reports on the 17 incident, investigating the incident, and collecting and analyz- 18 ing evidence, including, but not limited to, determining bodily 19 alcohol content and determining the presence of and identifying 20 controlled substances in the blood, breath, or urine. 21 (b) The salaries, wages, or other compensation, including 22 overtime pay, of fire department and emergency medical service 23 personnel, including volunteer fire fighters or volunteer emer- 24 gency medical service personnel, for time spent in responding to 25 and providing fire fighting, rescue, and emergency medical serv- 26 ices in relation to the incident from which the conviction 27 arose. 05605'01 4 1 (c) The cost of medical supplies lost or expended by fire 2 department and emergency medical service personnel, including 3 volunteer fire fighters or volunteer emergency medical service 4 personnel, in providing services in relation to the incident from 5 which the conviction arose. 6 (d) The salaries, wages, or other compensation, including, 7 but not limited to, overtime pay of prosecution personnel for 8 time spent investigating and prosecuting the crime or crimes 9 resulting in conviction. 10 (3) If police, fire department, or emergency medical service 11 personnel from more than 1 unit of government incurred expenses 12 as described in subsection (2), the court may order the person 13 convicted to reimburse each unit of government for the expenses 14 it incurred. 15 (4) The amount ordered to be paid under this section shall 16 be paid to the clerk of the court, who shall transmit the appro- 17 priate amount to the unit or units of government named in the 18 order to receive reimbursement. If not otherwise provided by the 19 court under this subsection, the reimbursement ordered under this 20 section shall be made immediately. However, the court may 21 require that the person make the reimbursement ordered under this 22 section within a specified period or in specified installments. 23 (5) If the person convicted is placed on probation or 24 paroled, any reimbursement ordered under this section shall be a 25 condition of that probation or parole. The court may revoke pro- 26 bation and the parole board may revoke parole if the person fails 27 to comply with the order and if the person has not made a good 05605'01 5 1 faith effort to comply with the order. In determining whether to 2 revoke probation or parole, the court or parole board shall con- 3 sider the person's employment status, earning ability, number of 4 dependents, and financial resources, the willfulness of the 5 person's failure to pay, and any other special circumstances that 6 may have a bearing on the person's ability to pay. 7 (6) An order for reimbursement under this section may be 8 enforced by the prosecuting attorney or the state or local unit 9 of government named in the order to receive the reimbursement in 10 the same manner as a judgment in a civil action. 11 (7) Notwithstanding any other provision of this section, a 12 person shall not be imprisoned, jailed, or incarcerated for a 13 violation of parole or probation, or otherwise, for failure to 14 make a reimbursement as ordered under this section unless the 15 court determines that the person has the resources to pay the 16 ordered reimbursement and has not made a good faith effort to do 17 so. 18 (8) A local unit of government may elect to be reimbursed 19 for expenses under this section or a local ordinance, or a combi- 20 nation of this section and a local ordinance. This subsection 21 does not allow a local unit of government to be fully reimbursed 22 more than once for any expense incurred by that local unit of 23 government. 24 (9) As used in this section: 25(a) "Aircraft" means that term as defined in section 4 of26the aeronautics code of the state of Michigan, 1945 PA 327,27MCL 259.4.05605'01 6 1 (A)(b)"Local unit of government" means any of the 2 following: 3 (i) A city, village, township, or county. 4 (ii) A local or intermediate school district. 5 (iii) A public school academy. 6 (iv) A community college. 7(c) "Motor vehicle" means that term as defined in section833 of the Michigan vehicle code, 1949 PA 300, MCL 257.33.9(d) "ORV" means that term as defined in section 81101 of the10natural resources and environmental protection act, 1994 PA 451,11MCL 324.81101.12(e) "Snowmobile" means that term as defined in section 8210113of the natural resources and environmental protection act, 199414PA 451, MCL 324.82101.15 (B)(f)"State" includes a state institution of higher 16 education. 17(g) "Vessel" means that term as defined in section 80104 of18the natural resources and environmental protection act, 199419PA 451, MCL 324.80104.05605'01 Final page. 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