Bill Text: MI HB4636 | 2023-2024 | 102nd Legislature | Chaptered

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Bill Title: Juveniles: other; late fee for juveniles; eliminate. Amends sec. 4803 of 1961 PA 236 (MCL 600.4803). TIE BAR WITH: SB 0428'23, SB 0429'23, HB 4637'23

Spectrum: Partisan Bill (Democrat 29-0)

Status: (Passed) 2023-12-31 - Assigned Pa 292'23 [HB4636 Detail]

Download: Michigan-2023-HB4636-Chaptered.html

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Act No. 292

Public Acts of 2023

Approved by the Governor

December 12, 2023

Filed with the Secretary of State

December 13, 2023

EFFECTIVE DATE:  October 1, 2024

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. Dievendorf, Hope, Wilson, Tsernoglou, Paiz, Morse, Miller, Byrnes, Young, Pohutsky, Rheingans, Wegela, Hood, Grant, O’Neal, Breen, Price, Tyrone Carter, Brixie, Hoskins, Morgan, MacDonell, Brenda Carter, Edwards, Brabec, Arbit, Glanville, Scott and Aiyash

ENROLLED HOUSE BILL No. 4636

AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 4803 (MCL 600.4803), as amended by 1996 PA 374.

The People of the State of Michigan enact:

Sec. 4803. (1) Except as otherwise provided in subsection (3), a person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal to 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. Penalties, fees, and costs are due and owing at the time they are ordered unless the court directs otherwise. The court shall order a specific date on which the penalties, fees, and costs are due and owing. If the court authorizes delayed or installment payments of a penalty, fee, or costs, the court shall inform the person of the date on which, or time schedule under which, the penalty, fee, or costs, or portion of the penalty, fee, or costs, will be due and owing. A late penalty may be waived by the court upon the request of the person subject to the late penalty.

(2) Within 30 days after receiving a late penalty, the clerk of the court shall transmit the amount received to the treasurer or chief financial officer of the funding unit of the court, for deposit in the general fund of the funding unit.

(3) This section does not apply to a juvenile or a parent, guardian, or legal custodian of a juvenile within the jurisdiction of the court under section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.

(4) As used in this section, “funding unit” means 1 of the following as applicable:

(a) For the circuit court, each county in the circuit.

(b) For the recorder’s court of the city of Detroit, the county.

(c) For the district court, the district funding unit of the district, as defined in section 8104.

(d) For a municipal court, the political unit where the municipal court is located.

Enacting section 1. This amendatory act takes effect October 1, 2024.

 

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 428.

(b) Senate Bill No. 429.

(c) House Bill No. 4637.

 

Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor