Bill Text: MI HB4706 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Courts; other; indigent defense counsel fund; create. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 177. TIE BAR WITH: HB 4705'09

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-03-31 - Printed Bill Filed 03/27/2009 [HB4706 Detail]

Download: Michigan-2009-HB4706-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4706

 

March 26, 2009, Introduced by Reps. Cushingberry and Tlaib and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 177.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 177. (1) The indigent defense counsel fund is created

 

within the state treasury.

 

     (2) The state treasurer shall credit to the fund all bail bond

 

surcharges and indigent defense counsel fees received under section

 

6(4) of chapter V and section 3d of chapter XI of the code of

 

criminal procedure, 1927 PA 175, MCL 765.6 and 771.3d, and may

 

receive money or other assets from any source for deposit into the

 

fund. The state treasurer shall direct the investment of the fund.

 

The state treasurer shall credit to the fund interest and earnings

 

from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The state court administrative office shall expend the

 

full amount of the money in the fund each year, upon appropriation,

 

only for the following purposes:

 

     (a) Eighty percent of the amount in the fund shall be expended

 

for grants to counties to reimburse counties for the expense of

 

providing legal counsel to indigent criminal defendants. The amount

 

of the grants shall be based on the number of criminal cases in

 

each county.

 

     (b) Twenty percent of the amount in the fund shall be expended

 

for the office of the appellate defender, as provided in section 8

 

of the appellate defender act, 1978 PA 620, MCL 780.718.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4705(request no.

 

01438'09) of the 95th Legislature is enacted into law.