2023 Senate Bill 428 / Public Act 301

Juveniles: other; juvenile fines, fees, and costs; eliminate.

An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 2f, 18, 28, and 29 of chapter XIIA (MCL 712A.2f, 712A.18, 712A.28, and 712A.29), section 2f as added by 2016 PA 185, section 18 as amended by 2022 PA 209, section 28 as amended by 2020 PA 362, and section 29 as amended by 2003 PA 74, and by adding section 29a to chapter XIIA; and to repeal acts and parts of acts.

House Fiscal Agency Analysis

Senate Bill 428 amends Chapter XIIA of the Probate Code, commonly known as the juvenile code, to prohibit a court from ordering a juvenile within its jurisdiction under the juvenile code or the juvenile’s parent, guardian, or legal custodian to reimburse it for any fine, fees, or costs related to the juvenile’s court case. Beginning October 1, 2024, courts are prohibited from collecting the balance of any court-ordered fines, fees, or costs previously assessed to a juvenile under section 18m or 29 of the juvenile code, and the portion of the court order that imposed those fines, fees, and costs is vacated and unenforceable

Introduced in the Senate

June 28, 2023

Introduced by Sen. Stephanie Chang (D-3) and six co-sponsors

Co-sponsored by Sens. Sylvia Santana (D-2), Jeff Irwin (D-15), Rosemary Bayer (D-13), Sue Shink (D-14), Paul Wojno (D-10) and Erika Geiss (D-1)

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

Sept. 28, 2023

Reported with substitute S-1

Oct. 3, 2023

Referred to the Committee of the Whole

Oct. 11, 2023

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

Oct. 12, 2023

Substitute S-3 offered by Sen. Ruth Johnson (R-24)

The substitute was withdrawn

Amendment offered by Sen. Ruth Johnson (R-24)

1. Amend page 17, line 22, after “or” by striking out “refusal” and inserting “inability”.

The amendment passed by voice vote

Passed in the Senate 26 to 11 (details)

Received in the House

Oct. 12, 2023

Referred to the Committee on Criminal Justice

Oct. 24, 2023

Reported without amendment

Nov. 8, 2023

Passed in the House 56 to 53 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Dec. 13, 2023