HOUSE BILL No. 6122

 

June 1, 2006, Introduced by Rep. Cushingberry and referred to the Committee on Judiciary.

 

      A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending sections 6 and 15 of chapter V (MCL 765.6 and

 

765.15), section 6 as amended by 2004 PA 167 and section 15 as

 

amended by 1993 PA 343, and by adding section 3d to chapter XI.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1                            CHAPTER V

 

 2        Sec. 6. (1) Except as otherwise provided by law, a person

 

 3  accused of a criminal offense is entitled to bail. The amount of

 

 4  bail shall not be excessive. The court in fixing the amount of

 

 5  the bail shall consider and make findings on the record as to

 

 6  each of the following:

 

 7        (a) The seriousness of the offense charged.

 


 1        (b) The protection of the public.

 

 2        (c) The previous criminal record and the dangerousness of

 

 3  the person accused.

 

 4        (d) The probability or improbability of the person accused

 

 5  appearing at the trial of the cause.

 

 6        (2) If the court fixes a bail amount under subsection (1)

 

 7  and allows for the posting of a 10% deposit bond, the person

 

 8  accused may post bail by a surety bond in an amount equal to 1/4

 

 9  of the full bail amount fixed under subsection (1) and executed

 

10  by a surety approved by the court.

 

11        (3) If a person is arrested for an ordinance violation or a

 

12  misdemeanor and if the defendant's operator's or chauffeur's

 

13  license is not expired, suspended, revoked, or cancelled, the

 

14  court may require the defendant, in place of other security for

 

15  the defendant's appearance in court for trial or sentencing or,

 

16  as a condition for release of the defendant on personal

 

17  recognizance, to surrender to the court his or her operator's or

 

18  chauffeur's license. The court shall issue to the defendant a

 

19  receipt for the license, as provided in section 311a of the

 

20  Michigan vehicle code, 1949 PA 300, MCL 257.311a. If the trial

 

21  date is set at the arraignment, the court shall specify on the

 

22  receipt the date on which the defendant is required to appear for

 

23  trial. If a trial date is not set at the arraignment, the court

 

24  shall specify on the receipt a date on which the receipt expires.

 

25  By written notice the court may extend the expiration date of the

 

26  receipt, as needed, to secure the defendant's appearance for

 

27  trial and sentencing. The written notice shall instruct the

 


 1  person to whom the receipt was issued to attach the notice to the

 

 2  receipt. Upon its attachment to the receipt, the written notice

 

 3  shall be considered a part of the receipt for purposes of

 

 4  determining the expiration date. At the conclusion of the trial

 

 5  or imposition of sentence, as applicable, the court shall return

 

 6  the license to the defendant unless other disposition of the

 

 7  license is authorized by law.

 

 8        (4) A surcharge of 5% of the amount fixed under subsection

 

 9  (1) shall be included in the amount of bail required of the

 

10  person. All surcharges collected under this subsection shall be

 

11  transmitted monthly by the clerk of the court to the state

 

12  treasurer for deposit in the indigent defense counsel fund

 

13  created in the state treasury under section 177 of the revised

 

14  judicature act of 1961, 1961 PA 236, MCL 600.177.

 

15        Sec. 15. (1) If bond or bail is forfeited, the court shall

 

16  enter an order upon its records directing the disposition of the

 

17  cash, check, or security within 45 days of the order. The

 

18  treasurer or clerk, upon presentation of a certified copy of  

 

19  such  the order, shall dispose of the cash, check, or security

 

20  pursuant to the order. The court shall set aside the forfeiture

 

21  and discharge the bail or bond, within 1 year from the time of

 

22  the forfeiture judgment, in accordance with subsection (2) if the

 

23  person who forfeited bond or bail is apprehended, the ends of

 

24  justice have not been thwarted, and the county has been repaid

 

25  its costs for apprehending the person.

 

26        (2) If bond or bail is discharged, the court shall enter an

 

27  order with a statement of the amount to be returned to the

 


 1  depositor. If the court ordered the defendant to pay a fine,

 

 2  costs, restitution, assessment, or other payment, the court shall

 

 3  order the fine, costs, restitution, assessment, or other payment

 

 4  collected out of cash bond or bail personally deposited by the

 

 5  defendant under this chapter, and the cash bond or bail used for

 

 6  that purpose shall be allocated as provided in section 22 of

 

 7  chapter XV. The court shall order that the surcharge imposed

 

 8  under section 6(4) of this chapter be collected and transmitted

 

 9  by the clerk of the court in the manner prescribed in that

 

10  section. Upon presentation of a certified copy of the order, the

 

11  treasurer or clerk having the cash, check, or security shall pay

 

12  or deliver it as provided in the order to the person named in the

 

13  order or to that person's order.

 

14        (3) If the cash, check, or security is in the hands of the

 

15  sheriff or any officer other than the treasurer or clerk, the

 

16  officer holding it shall dispose of the cash, check, or security

 

17  as the court orders upon presentation of a certified copy of the

 

18  court's order.

 

19                            CHAPTER XI

 

20        Sec. 3d. (1) The court shall include in each order of

 

21  probation for a defendant convicted of a crime that the clerk of

 

22  the court shall collect an indigent defense counsel fee of not

 

23  more than $135.00. The fee is payable when the probation order is

 

24  entered, but the fee may be paid in monthly installments if the

 

25  court approves installment payments for that probationer. In

 

26  determining the amount of the fee, the court shall consider the

 

27  probationer's projected income and financial resources. The court

 


 1  shall use the following table of projected monthly income in

 

 2  determining the amount of the fee to be ordered:

 

 

3  $       0-249.99         $ 5.00

4  $       250.00-499.99    $10.00

5  $       500.00-749.99    $25.00

6  $       750.00-999.99    $40.00

7  $       1,000.00 or more 5% of projected monthly

8                           income, but not more than $135.00

 

 

 9  The court may order a higher amount than indicated by the table,

 

10  up to the maximum of $135.00, if the court determines that the

 

11  probationer has sufficient assets or other financial resources to

 

12  warrant the higher amount. If the court orders a higher amount,

 

13  the amount and the reasons for ordering that amount shall be

 

14  stated in the court order. All fees submitted to the clerk of the

 

15  court under this section shall be transmitted monthly by the

 

16  clerk to the state treasurer for deposit in the indigent defense

 

17  counsel fund created in the state treasury under section 177 of

 

18  the revised judicature act of 1961, 1961 PA 236, MCL 600.177.

 

19        (2) If a person who is subject to an indigent defense

 

20  counsel fee is also subject to any combination of fines, costs,

 

21  restitution orders, assessments, or payments arising out of the

 

22  same criminal proceeding, the allocation of money collected for

 

23  those obligations shall be as otherwise provided in section 22 of

 

24  chapter XV.

 

25        (3) This section does not apply to a juvenile placed on

 

26  probation and committed under section 1(3) or (4) of chapter IX

 


 1  to an institution or agency described in the youth rehabilitation

 

 2  services act, 1974 PA 150, MCL 803.301 to 803.309.

 

 3        Enacting section 1. This amendatory act does not take effect

 

 4  unless Senate Bill No.____ or House Bill No. 6123(request no.

 

 5  02583'05 a) of the 93rd Legislature is enacted into law.