October 22, 2014, Introduced by Senators JOHNSON, ANANICH, YOUNG and ANDERSON and referred to the Committee on Judiciary.
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
2012 PA 331, and by adding section 1o to chapter IX.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 1f. (1) As part of the sentence for a conviction of any
of the following offenses, in addition to any other penalty
authorized by law, the court may order the person convicted to
reimburse the state or a local unit of government for expenses
incurred in relation to that incident including but not limited to
expenses for an emergency response and expenses for prosecuting the
person, as provided in this section:
(a) A violation or attempted violation of section 601d,
625(1), (3), (4), (5), (6), or (7), section 625m, or section 626(3)
or (4) of the Michigan vehicle code, 1949 PA 300, MCL 257.601d,
257.625, 257.625m, and 257.626, or of a local ordinance
substantially corresponding to section 601d(1), 625(1), (3), or (6)
or section 625m or 626 of the Michigan vehicle code, 1949 PA 300,
MCL 257.601d, 257.625, 257.625m, and 257.626.
(b) Felonious driving, negligent homicide, manslaughter, or
murder, or attempted felonious driving, negligent homicide,
manslaughter, or murder, resulting from the operation of a motor
vehicle, snowmobile, ORV, aircraft, vessel, or locomotive engine
while the person was impaired by or under the influence of
intoxicating liquor or a controlled substance, as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104,
or a combination of intoxicating liquor and a controlled substance,
or had an unlawful blood alcohol content.
(c) A violation or attempted violation of section 82127 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.82127.
(d) A violation or attempted violation of section 81134 or
81135 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.81134 and 324.81135.
(e) A violation or attempted violation of section 185 of the
aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.185.
(f) A violation or attempted violation of section 80176(1),
(3), (4), or (5) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.80176, or a local ordinance
substantially corresponding to section 80176(1) or (3) of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80176.
(g) A violation or attempted violation of section 353 of the
railroad code of 1993, 1993 PA 354, MCL 462.353.
(h) A violation or attempted violation of section 411a(1),
(2), or (4) of the Michigan penal code, 1931 PA 328, MCL 750.411a.
(i) A finding of guilt for criminal contempt for a violation
of a personal protection order issued under section 2950 or 2950a
of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950
and 600.2950a, or for a violation of a foreign protection order
that satisfies the conditions for validity provided in section
2950i of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950i.
(2) The expenses for which reimbursement may be ordered under
this section include all of the following:
(a) The salaries or wages, including overtime pay, of law
enforcement personnel for time spent responding to the incident
from which the conviction arose, arresting the person convicted,
processing the person after the arrest, preparing reports on the
incident, investigating the incident, and collecting and analyzing
evidence, including, but not limited to, determining bodily alcohol
content and determining the presence of and identifying controlled
substances in the blood, breath, or urine.
(b) The salaries, wages, or other compensation, including
overtime pay, of fire department and emergency medical service
personnel, including volunteer fire fighters or volunteer emergency
medical service personnel, for time spent in responding to and
providing fire fighting, rescue, and emergency medical services in
relation to the incident from which the conviction arose.
(c) The cost of medical supplies lost or expended by fire
department and emergency medical service personnel, including
volunteer fire fighters or volunteer emergency medical service
personnel, in providing services in relation to the incident from
which the conviction arose.
(d) The salaries, wages, or other compensation, including, but
not limited to, overtime pay of prosecution personnel for time
spent investigating and prosecuting the crime or crimes resulting
in conviction.
(e) The cost of extraditing a person from another state to
this state including, but not limited to, all of the following:
(i) Transportation costs.
(ii) The salaries or wages of law enforcement and prosecution
personnel, including overtime pay, for processing the extradition
and returning the person to this state.
(3) If police, fire department, or emergency medical service
personnel from more than 1 unit of government incurred expenses as
described in subsection (2), the court may order the person
convicted to reimburse each unit of government for the expenses it
incurred.
(4) The amount ordered to be paid under this section shall be
paid to the clerk of the court, who shall transmit the appropriate
amount to the unit or units of government named in the order to
receive
reimbursement. If not otherwise provided by the court under
this
subsection, the Any reimbursement ordered under this section
shall
be made immediately. However, the court may require that the
person
make the reimbursement ordered under this section within a
specified
period or in specified installments.in amounts and
intervals, and over the time period, as provided in section 1m of
this chapter.
(5)
If Subject to section 1m
of this chapter, if the person
convicted is placed on probation or paroled, any reimbursement
ordered under this section shall be a condition of that probation
or
parole. The As provided in
section 1o of this chapter, the court
may revoke probation and the parole board may revoke parole if the
person fails to comply with the order and if the person has not
made
a good faith effort to comply with the order. In determining
whether
to revoke probation or parole, the court or parole board
shall
consider the person's employment status, earning ability,
number
of dependents, and financial resources, the willfulness of
the
person's failure to pay, and any other special circumstances
that
may have a bearing on the person's ability to pay.
(6) An order for reimbursement under this section may be
enforced by the prosecuting attorney or the state or local unit of
government named in the order to receive the reimbursement in the
same manner as a judgment in a civil action.
(7) Notwithstanding any other provision of this section, a
person shall not be imprisoned, jailed, or incarcerated for a
violation of parole or probation, or otherwise, for failure to make
a reimbursement as ordered under this section unless the court
determines
that the person has the resources to pay the ordered
reimbursement
and has not made a good faith effort to do so.makes
the determination required under section 1o of this chapter.
(8) A local unit of government may elect to be reimbursed for
expenses under this section or a local ordinance, or a combination
of this section and a local ordinance. This subsection does not
allow a local unit of government to be fully reimbursed more than
once for any expense incurred by that local unit of government.
(9)
As Subject to section 1m
of this chapter, as part of the
sentence for a conviction of any violation or attempted violation
of chapter XXXIII, section 327, 327a, 328, or 436, or chapter
LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.200 to
750.212a, 750.327, 750.327a, 750.328, and 750.436, and 750.543a to
750.543z, in addition to any other penalty authorized by law, the
court shall order the person convicted to reimburse any government
entity for expenses incurred in relation to that incident
including, but not limited to, expenses for an emergency response
and expenses for prosecuting the person, as provided in subsections
(2) to (8). As used in this subsection, "government entity" means
this state, a local unit of government, or the United States
government.
(10) As used in this section:
(a) "Aircraft" means that term as defined in section 2 of the
aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.
(b) "Local unit of government" means any of the following:
(i) A city, village, township, or county.
(ii) A local or intermediate school district.
(iii) A public school academy.
(iv) A community college.
(c) "Motor vehicle" means that term as defined in section 33
of the Michigan vehicle code, 1949 PA 300, MCL 257.33.
(d) "ORV" means that term as defined in section 81101 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.81101.
(e) "Snowmobile" means that term as defined in section 82101
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.82101.
(f) "State" includes a state institution of higher education.
(g) "Vessel" means that term as defined in section 80104 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.80104.
Sec. 1o. (1) A court shall not enter a sentence or order
subjecting a defendant to imprisonment, jail, or incarceration for
the failure to pay any fine, cost, fee, or assessment ordered under
section 1m of this chapter, including, but not limited to, a
sentence that is part of a deferred judgment of guilt, a delayed
sentence, a sentence for contempt of court, or a sentence for a
violation of an order of probation, unless the court first
determines that the failure to pay was willful and that the
defendant had the ability to pay as ordered without substantial
financial hardship to the defendant or the defendant's dependents.
(2) In making the determination required under subsection (1),
the court shall consider the factors enumerated in and apply any
applicable presumptions under section 1m of this chapter.
(3) In lieu of entering a sentence or order as described in
subsection (1), the court may adjust the amount of any fines,
costs, fees, or assessments or the amount, intervals, and time
period of any installments ordered under section 1m of this
chapter, subject to section 1n of this chapter.
(4) Before entering a sentence or order as described in
subsection (1), the defendant must be given notice of the failure
to pay, the opportunity for a hearing, the opportunity to prepare a
defense, and the opportunity to testify, call witnesses, and
present evidence on his or her behalf.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. 1115.
(b) Senate Bill No. 1113.