Bill Text: MI SB0559 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Criminal procedure; sentencing; assessment fee when a police dog is used in the arrest of a convicted individual; provide for, and earmark for canine unit costs. Amends sec. 1f, ch. IX of 1927 PA 175 (MCL 769.1f).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2009-05-12 - Referred To Committee On Judiciary [SB0559 Detail]

Download: Michigan-2009-SB0559-Introduced.html

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SENATE BILL No. 559

 

 

May 12, 2009, Introduced by Senators GARCIA and CROPSEY and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 1f of chapter IX (MCL 769.1f), as amended by

 

2008 PA 466.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER IX

 

     Sec. 1f. (1) As part of the sentence for a conviction of any

 

of the following offenses, in addition to any other penalty

 

authorized by law, the court may order the person convicted to

 

reimburse the state or a local unit of government for expenses

 

incurred in relation to that incident including but not limited to

 

expenses for an emergency response and expenses for prosecuting the

 

person, as provided in this section:

 

     (a) A violation or attempted violation of section 601d,

 

625(1), (3), (4), (5), (6), or (7), section 625m, or, beginning

 

October 31, 2010, section 601d or section 626(3) or (4) of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.601d, 257.625,

 

257.625m, and 257.626, or of a local ordinance substantially

 

corresponding to section 601d(1), 625(1), (3), or (6) or section

 

625m or, beginning October 31, 2010, section 601d(1) or 626 of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.601d, 257.625,

 

257.625m, and 257.626.

 

     (b) Felonious driving, negligent homicide, manslaughter, or

 

murder, or attempted felonious driving, negligent homicide,

 

manslaughter, or murder, resulting from the operation of a motor

 

vehicle, snowmobile, ORV, aircraft, vessel, or locomotive engine

 

while the person was impaired by or under the influence of

 

intoxicating liquor or a controlled substance, as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7104,

 

or a combination of intoxicating liquor and a controlled substance,

 

or had an unlawful blood alcohol content.

 

     (c) A violation or attempted violation of section 82127 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.82127.

 

     (d) A violation or attempted violation of section 81134 or

 

81135 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.81134 and 324.81135.

 

     (e) A violation or attempted violation of section 185 of the

 

aeronautics code of the state of Michigan, 1945 PA 327, MCL

 

259.185.

 

     (f) A violation or attempted violation of section 80176(1),

 

(3), (4), or (5) of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.80176, or a local ordinance

 

substantially corresponding to section 80176(1) or (3) of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.80176.

 

     (g) A violation or attempted violation of section 353 or,

 

before October 31, 2010, section 355 of the railroad code of 1993,

 

1993 PA 354, MCL 462.353 and 462.355.

 

     (h) A violation or attempted violation of section 411a(2) of

 

the Michigan penal code, 1931 PA 328, MCL 750.411a.

 

     (i) A finding of guilt for criminal contempt for a violation

 

of a personal protection order issued under section 2950 or 2950a

 

of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950

 

and 600.2950a, or for a violation of a foreign protection order

 

that satisfies the conditions for validity provided in section

 

2950i of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.2950i.

 

     (2) The Except as otherwise provided under this section, the

 

expenses for which reimbursement may be ordered under this section

 

include all of the following:

 

     (a) The salaries or wages, including overtime pay, of law

 

enforcement personnel for time spent responding to the incident

 

from which the conviction arose, arresting the person convicted,

 

processing the person after the arrest, preparing reports on the

 

incident, investigating the incident, and collecting and analyzing

 

evidence, including, but not limited to, determining bodily alcohol

 

content and determining the presence of and identifying controlled

 

substances in the blood, breath, or urine.

 

     (b) The salaries, wages, or other compensation, including

 

overtime pay, of fire department and emergency medical service

 

personnel, including volunteer fire fighters or volunteer emergency

 

medical service personnel, for time spent in responding to and

 

providing fire fighting, rescue, and emergency medical services in

 

relation to the incident from which the conviction arose.

 

     (c) The cost of medical supplies lost or expended by fire

 

department and emergency medical service personnel, including

 

volunteer fire fighters or volunteer emergency medical service

 

personnel, in providing services in relation to the incident from

 

which the conviction arose.

 

     (d) The salaries, wages, or other compensation, including, but

 

not limited to, overtime pay of prosecution personnel for time

 

spent investigating and prosecuting the crime or crimes resulting

 

in conviction.

 

     (e) The cost of extraditing a person from another state to

 

this state including, but not limited to, all of the following:

 

     (i) Transportation costs.

 

     (ii) The salaries or wages of law enforcement and prosecution

 

personnel, including overtime pay, for processing the extradition

 

and returning the person to this state.

 

     (3) If police, fire department, or emergency medical service

 

personnel from more than 1 unit of government incurred expenses as

 

described in subsection (2), the court may order the person

 

convicted to reimburse each unit of government for the expenses it

 

incurred.

 

     (4) The amount ordered to be paid under this section shall be

 

paid to the clerk of the court, who shall transmit the appropriate

 

amount to the unit or units of government named in the order to

 

receive reimbursement. If not otherwise provided by the court under

 

this subsection, the reimbursement ordered under this section shall

 

be made immediately. However, the court may require that the person

 

make the reimbursement ordered under this section within a

 

specified period or in specified installments.

 

     (5) If the person convicted is placed on probation or paroled,

 

any reimbursement ordered under this section shall be a condition

 

of that probation or parole. The court may revoke probation and the

 

parole board may revoke parole if the person fails to comply with

 

the order and if the person has not made a good faith effort to

 

comply with the order. In determining whether to revoke probation

 

or parole, the court or parole board shall consider the person's

 

employment status, earning ability, number of dependents, and

 

financial resources, the willfulness of the person's failure to

 

pay, and any other special circumstances that may have a bearing on

 

the person's ability to pay.

 

     (6) An order for reimbursement under this section may be

 

enforced by the prosecuting attorney or the state or local unit of

 

government named in the order to receive the reimbursement in the

 

same manner as a judgment in a civil action.

 

     (7) Notwithstanding any other provision of this section, a

 

person shall not be imprisoned, jailed, or incarcerated for a

 

violation of parole or probation, or otherwise, for failure to make

 

a reimbursement as ordered under this section unless the court

 

determines that the person has the resources to pay the ordered

 

reimbursement and has not made a good faith effort to do so.

 

     (8) A local unit of government may elect to be reimbursed for

 

expenses under this section or a local ordinance, or a combination

 

of this section and a local ordinance. This subsection does not

 

allow a local unit of government to be fully reimbursed more than

 

once for any expense incurred by that local unit of government.

 

     (9) As part of the sentence for a conviction of any violation

 

or attempted violation of chapter XXXIII, section 327, 327a, 328,

 

or 436, or chapter LXXXIII-A of the Michigan penal code, 1931 PA

 

328, MCL 750.200 to 750.212a, 750.327, 750.327a, 750.328, and

 

750.436, and 750.543a to 750.543z, in addition to any other penalty

 

authorized by law, the court shall order the person convicted to

 

reimburse any government entity for expenses incurred in relation

 

to that incident including, but not limited to, expenses for an

 

emergency response and expenses for prosecuting the person, as

 

provided in subsections (2) to (8). As used in this subsection,

 

"government entity" means this state, a local unit of government,

 

or the United States government.

 

     (10) As part of the sentence for a conviction of any crime in

 

which a canine unit was used to assist in the arrest of the person

 

convicted, the court may order the person convicted to reimburse

 

the law enforcement agency for canine unit costs.

 

     (11) (10) As used in this section:

 

     (a) "Aircraft" means that term as defined in section 4 2 of

 

the aeronautics code of the state of Michigan, 1945 PA 327, MCL

 

259.4 259.2.

 

     (b) "Canine unit" means 1 or more dogs used by a law

 

enforcement agency to assist a law enforcement officer in the

 

investigation of crime.

 

     (c) "Canine unit costs" means costs incurred by a law

 

enforcement agency associated with a case, including, but not

 

limited to, deploying, transporting, feeding, sheltering, and

 

providing veterinary care for the dogs of a canine unit.

 

     (d) "Law enforcement officer" means that term as defined in

 

section 2 of the commission on law enforcement standards act, 1965

 

PA 203, MCL 28.602.

 

     (e) (b) "Local unit of government" means any of the following:

 

     (i) A city, village, township, or county.

 

     (ii) A local or intermediate school district.

 

     (iii) A public school academy.

 

     (iv) A community college.

 

     (f) (c) "Motor vehicle" means that term as defined in section

 

33 of the Michigan vehicle code, 1949 PA 300, MCL 257.33.

 

     (g) (d) "ORV" means that term as defined in section 81101 of

 

the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.81101.

 

     (h) (e) "Snowmobile" means that term as defined in section

 

82101 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.82101.

 

     (i) (f) "State" includes, but is not limited to, a state

 

institution of higher education.

 

     (j) (g) "Vessel" means that term as defined in section 80104

 

of the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.80104.