HB 5452

HOUSE BILL NO. 5452
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1k of chapter IX (MCL 769.1k), as
amended by 2024 PA 38.
the people of the state of michigan enact:
CHAPTER IX
Sec. 1k. (1) If a defendant enters a plea of guilty or nolo
contendere or if the court determines after a hearing or trial that the
defendant is guilty, both of the following apply at the time of the sentencing
or at the time entry of judgment of guilt is deferred by statute or sentencing
is delayed by statute:
(a) The court shall
impose the minimum state costs as set forth in section 1j of this chapter.
(b) The court may
impose any or all of the following:
(i) Any fine authorized by the statute for a
violation of which the defendant entered a plea of guilty or nolo contendere or
the court determined that the defendant was guilty.
(ii) Any cost authorized by the statute for a
violation of which the defendant entered a plea of guilty or nolo contendere or
the court determined that the defendant was guilty.
(iii) Until December 31, 2026,2028, any cost reasonably related to the actual costs incurred by the trial court
without separately calculating those costs involved in the particular case,
including, but not limited to, the following:
(A) Salaries and
benefits for relevant court personnel.
(B) Goods and
services necessary for the operation of the court.
(C) Necessary
expenses for the operation and maintenance of court buildings and facilities.
(iv) The expenses of providing legal
assistance to the defendant.
(v) Any assessment authorized by law.
(vi) Reimbursement under section 1f of this
chapter.
(2) In addition to
any fine, cost, or assessment imposed under subsection (1), the court may order
the defendant to pay any additional costs incurred in compelling the
defendant's appearance.
(3) Subsections (1)
and (2) apply even if the defendant is placed on probation, probation is
revoked, or the defendant is discharged from probation.
(4) The court may
require the defendant to pay any fine, cost, or assessment ordered to be paid
under this section by wage assignment.
(5) The court may
provide for the amounts imposed under this section to be collected at any time.
(6) Except as
otherwise provided by law, the court may apply payments received on behalf of a
defendant that exceed the total of any fine, cost, fee, or other assessment
imposed in the case to any fine, cost, fee, or assessment that the same
defendant owes in any other case.
(7) The court shall
make available to a defendant information about any fine, cost, or assessment
imposed under subsection (1), including information about any cost imposed
under subsection (1)(b)(iii). However, the information is not required to include the
calculation of the costs involved in a particular case.
(8) If the court
imposes any cost under subsection (1)(b)(iii), no later than March 31 of each year the
clerk of the court shall transmit a report to the state court administrative
office in a manner prescribed by the state court administrative office that
contains all of the following information for the previous calendar year:
(a) The name of the
court.
(b) The total
number of cases in which costs under subsection (1)(b)(iii) were imposed by that court.
(c) The total
amount of costs that were imposed by that court under subsection (1)(b)(iii).
(d) The total
amount of costs imposed under subsection (1)(b)(iii) that were collected by that court.
(9) No later than
July 1 of each year, the state court administrative office shall compile all
data submitted under subsection (8) during the preceding calendar year and
submit a written report to the governor, the secretary of the senate, and the
clerk of the house of representatives. The report described in this subsection
must be made available to the public by the secretary of the senate and the
clerk of the house of representatives.
(10) A defendant
must not be imprisoned, jailed, or incarcerated for the nonpayment of costs
ordered under this section unless the court determines that the defendant has
the resources to pay the ordered costs and has not made a good-faith effort to
do so.