HOUSE BILL NO. 5094

A bill to amend 1989 PA 196, entitled

"An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim's rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim's rights services; and to prescribe the powers and duties of certain state and local agencies and departments,"

by amending section 4 (MCL 780.904), as amended by 2018 PA 221.

the people of the state of michigan enact:

Sec. 4. (1) The crime victim's rights fund is created as a separate fund in the state treasury. The state treasurer shall credit to the fund all amounts received under this act and as provided by law. The state treasurer shall invest fund money in the same manner as surplus funds are invested under section 3 of 1855 PA 105, MCL 21.143. Earnings from the fund must be credited to the fund.

(2) The fund must be expended only as provided in this act. Amounts in the fund in excess of the necessary revenue needed to pay for crime victim's rights services as determined by the commission under section 3(a) may be used for crime victim compensation under 1976 PA 223, MCL 18.351 to 18.368, including compensation to minor crime victims. Any Subject to this section, additional excess revenue that has not been used for crime victim compensation may must be used to provide for establishment and maintenance of a statewide trauma system, including staff support associated with trauma and related emergency medical services program activities. Not more than $3,500,000.00 must may be expended for this purpose from the fund in any fiscal year. For the 2014-2015 fiscal year only, not more than $4,800,000.00 must be expended for this purpose from the fund.

(3) Beginning October 1, 2021, 2025, the amount expended for the statewide trauma system from the fund must not exceed 50% of the maximum allowable under subsection (2), unless the amount expended is reasonably proportional to crime victims' utilization of the statewide trauma system.

(4) Beginning December 31, 2017 and annually after that date, the department shall report all of the following regarding minor crime victims who received crime victim compensation under this section to the legislature:

(a) The number of minor crime victims who received compensation.

(b) The age, gender, and geographic location of minor crime victims who received compensation.

(c) Whether the compensation was used for counseling or other services.

(d) If the compensation was used for counseling, whether the minor crime victim received the counseling during a 1-time visit or over the course of multiple visits.

(5) As used in this section, "minor crime victim" means a crime victim who is less than 18 years of age.