2014 House Bill 5785 / Public Act 352

Expand permissible criminal court cost levies

Introduced in the House

Sept. 9, 2014

Introduced by Rep. John Walsh (R-19)

To expand the costs that can be imposed on a individual convicted in a criminal case. Among other things the bill would authorize imposing an assessment covering a share of the “salaries and benefits of relevant court personnel,” a share of the “goods and services” necessary for the operation of the court, and a share of the costs for the “operation and maintenance of court buildings and facilities.” In addition, the bill would establish that a court has no duty to provide a “calculation of the costs involved in a particular case”.

Referred to the Committee on Judiciary

Sept. 11, 2014

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Sept. 17, 2014

Substitute offered by Rep. John Walsh (R-19)

The substitute passed by voice vote

Amendment offered by Rep. Paul Clemente (D-14)

To essentially sunset the authorization to impose costs defined by the bill as "reasonable" as of 27 months after the bill becomes law.

The amendment passed by voice vote

Amendment offered by Rep. John Walsh (R-19)

To require courts to start "separately calculating those costs involved in the particular case" no later than 27 months after the bill becomes law.

The amendment passed by voice vote

Amendment offered by Rep. Jeff Irwin (D-53)

To prohibit jailing a defendant who does not have the resources to pay the extra costs for failing to pay these costs.

The amendment passed by voice vote

Sept. 18, 2014

Passed in the House 95 to 14 (details)

To expand the costs that can be imposed on a individual convicted in a criminal case. The bill would authorize imposing assessments covering a share of court employee salaries and benefits, of "goods and services” used in operating the court, and of court building “operation and maintenance" costs. In addition, the bill would establish that a court has no duty to provide a “calculation of the costs involved in a particular case.” The bill reverses a state Supreme Court case that limited charges to those specifically allowed in a particular statute; its provisions would expire in 27 months, presumably to allow the legislature to rationalize these impositions for courts across the state.

Received in the Senate

Sept. 23, 2014

Referred to the Committee on Judiciary

Sept. 30, 2014

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Oct. 2, 2014

Passed in the Senate 37 to 0 (details)

To expand the costs that can be imposed on a individual convicted in a criminal case. The bill would authorize imposing assessments covering a share of court employee salaries and benefits, of "goods and services” used in operating the court, and of court building “operation and maintenance" costs. In addition, the bill would establish that a court has no duty to provide a “calculation of the costs involved in a particular case.” The bill reverses a state Supreme Court case that limited charges to those specifically allowed in a particular statute; its provisions would expire in 36 months, presumably to allow the legislature to rationalize these impositions for courts across the state.

Received in the House

Oct. 2, 2014

Passed in the House 95 to 12 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Rick Snyder

Oct. 15, 2014