Bill Text: MI HB4357 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Criminal procedure; bail; setting of bond related to spousal or child support arrearage; modify.

Spectrum: Moderate Partisan Bill (Democrat 18-5)

Status: (Introduced - Dead) 2019-03-14 - Bill Electronically Reproduced 03/13/2019 [HB4357 Detail]

Download: Michigan-2019-HB4357-Introduced.html

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HOUSE BILL No. 4357

 

 

March 13, 2019, Introduced by Reps. Brann, Rabhi, Haadsma, LaFave, Howell, Neeley, Garrett, Yancey, Peterson, Steven Johnson, VanSingel, Kennedy, Cynthia Johnson, Brenda Carter, Garza, Tyrone Carter, Lasinski, Pohutsky, Sabo, Sowerby, Hoadley, Hertel and LaGrand and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 165 (MCL 750.165), as amended by 2014 PA 377.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 165. (1) If the court orders an individual to pay support

 

for the individual's former or current spouse, or for a child of

 

the individual, and the individual does not pay the support in the

 

amount or at the time stated in the order, the individual is guilty

 

of a felony punishable by imprisonment for not more than 4 years or

 

by a fine of not more than $2,000.00, or both.

 

     (2) This section does not apply unless the court in which the

 

support order was issued had personal jurisdiction over the

 

individual ordered to pay support.

 

     (3) Unless the individual deposits a cash bond of not less

 

than $500.00 or 25% of the arrearage, whichever is greater, upon

 

arrest for a violation of this section, the individual shall remain

 

in custody until the arraignment. If the individual remains in

 

custody, the court shall address the amount of the cash bond at the

 

arraignment and at the preliminary examination and, except for good

 

cause shown on the record, shall order the bond to be continued at

 

not less than $500.00 or 25% of the arrearage, whichever is

 

greater. At the court's discretion, the court may set the cash bond

 

at an amount not more than 100% of the arrearage and add to that

 

amount the amount of the costs that the court may require under

 

section 31(3) of the support and parenting time enforcement act,

 

1982 PA 295, MCL 552.631. The court shall specify that the cash

 

bond amount be entered into the law enforcement information

 

network. If a bench warrant under section 31 of the support and

 

parenting time enforcement act, 1982 PA 295, MCL 552.631, is

 

outstanding for an individual when the individual is arrested for a

 

violation of this section, the court shall notify the court

 

handling the civil support case under the support and parenting

 

time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, that the

 

bench warrant may be recalled.

 

     (4) The court may suspend the sentence of an individual

 

convicted under this section if the individual files with the court

 

a bond in the amount and with the sureties the court requires. At a

 

minimum, the bond must be conditioned on the individual's

 

compliance with the support order. If the court suspends a sentence

 

under this subsection and the individual does not comply with the

support order or another condition on the bond, the court may order

 

the individual to appear and show cause why the court should not

 

impose the sentence and enforce the bond. After the hearing, the

 

court may enforce the bond or impose the sentence, or both, or may

 

permit the filing of a new bond and again suspend the sentence. The

 

court shall order a support amount enforced under this section to

 

be paid to the clerk or friend of the court or to the state

 

disbursement unit.

 

     (5) An order for restitution for a violation of this section

 

shall must not include a separate award for the unpaid amount in

 

arrearage under the support order. The restitution order shall must

 

reference the support order and direct the individual to pay the

 

unpaid amount in arrearage under the support order pursuant to the

 

support order. The court may impose such terms and conditions in

 

the restitution order as are appropriate to ensure compliance with

 

payment of the arrearage due under the support order. The court may

 

order additional restitution as provided under the William Van

 

Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to

 

780.834.

 

     (6) As used in this section, "state disbursement unit" or

 

"SDU" means the entity established in section 6 of the office of

 

child support act, 1971 PA 174, MCL 400.236.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.