2024 House Bill 5392 / Public Act 38

Criminal procedure: sentencing; sunset on certain costs that may be imposed upon criminal conviction; modify.

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 1k of chapter IX (MCL 769.1k), as amended by 2022 PA 199.

AI Analysis – Experimental

The legislation mandates the imposition of minimum state costs and allows for additional fines and costs related to court operations, with specific reporting requirements and protections against incarceration for nonpayment without a good-faith effort.

Introduced in the House

Jan. 10, 2024

Introduced by Rep. Sarah Lightner (R-45)

Referred to the Committee on Criminal Justice

March 5, 2024

Reported without amendment

Referred to the Committee on Judiciary

March 13, 2024

Reported with substitute H-1

Substitute H-1 concurred in by voice vote

Amendment offered by Rep. Andrew Fink (R-35)

1. Amend page 4, line 10, by striking out all of enacting section 1.

The amendment failed by voice vote

April 18, 2024

Passed in the House 99 to 6 (details)

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

The motion prevailed by voice vote

Received in the Senate

April 23, 2024

Referred to the Committee of the Whole

Reported without amendment

April 24, 2024

Substitute S-1 offered by Sen. Stephanie Chang (D-3)

The substitute passed by voice vote

Passed in the Senate 34 to 3 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Received in the House

April 24, 2024

Substitute S-1 concurred in 101 to 6 (details)

Signed by Gov. Gretchen Whitmer

April 30, 2024