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MI HB5933

Bill

Status

Introduced

9/22/2016

Primary Sponsor

Michael Webber

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Origin

House of Representatives

98th Legislature

AI Summary

HB 5933 Summary

  • Amends Michigan's Probate Code sections 29-31 governing juvenile restitution to align with crime victim's rights act changes and expand restitution scope to cover the juvenile's entire "course of conduct" rather than individual offenses.

  • Requires courts to order juveniles to make full restitution to victims for damages including property repair/replacement, medical and psychological treatment, lost income, funeral costs, and family care expenses resulting from the juvenile's course of conduct.

  • Allocates collected money from juveniles 50% to victim payments first, then remaining balance to fines, costs, and assessments; establishes priority order for non-victim payments based on offense type.

  • Adds enforcement mechanisms including wage assignment for employed juveniles after 2 missed payments, bi-annual case reviews, and requirements for probation officers to file violation reports when restitution is not paid as ordered.

  • Prohibits detention of juveniles solely for restitution nonpayment unless court finds they have resources to pay and failed to make good-faith effort; allows courts to order parents to pay outstanding restitution if juvenile cannot, subject to manifest hardship exceptions.

Legislative Description

Crime victims; restitution; probate code of 1939; update restitution to correspond with changes in restitution under the crime victim's rights act; provide for. Amends secs. 29, 30 & 31, ch. XIIA of 1939 PA 288 (MCL 712A.29 et seq.). TIE BAR WITH: HB 5932'16, HB 5932'16, SB 0873'16, SB 0873'16

Juveniles: other

Last Action

Bill Electronically Reproduced 09/22/2016

10/19/2016

Committee Referrals

Judiciary9/22/2016

Full Bill Text

No bill text available