Bill Text: MI HB5459 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Crime victims; other; allocation for statewide trauma system; modify limitation. Amends sec. 4 of 1989 PA 196 (MCL 780.904).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-31 - Bill Electronically Reproduced 01/30/2018 [HB5459 Detail]

Download: Michigan-2017-HB5459-Introduced.html

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HOUSE BILL No. 5459

 

 

January 30, 2018, Introduced by Reps. Yanez, Sabo, Chirkun, Green, Gay-Dagnogo, Cochran and Yaroch and referred to the Committee on Appropriations.

 

     A bill to amend 1989 PA 196, entitled

 

"An act to abolish the criminal assessments commission; to

prescribe certain duties of the crime victim services commission;

to create the crime victim's rights fund; to provide for

expenditures from the fund; to provide for assessments against

criminal defendants and certain juvenile offenders; to provide for

payment of crime victim's rights services; and to prescribe the

powers and duties of certain state and local agencies and

departments,"

 

by amending section 4 (MCL 780.904), as amended by 2017 PA 15.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) The crime victim's rights fund is created as a

 

separate fund in the state treasury. The state treasurer shall

 

credit to the fund all amounts received under this act and as

 

provided by law. The state treasurer shall invest fund money in the

 

same manner as surplus funds are invested under section 3 of 1855

 

PA 105, MCL 21.143. Earnings from the fund must be credited to the

fund.

 

     (2) The fund must be expended only as provided in this act.

 

Amounts in the fund in excess of the necessary revenue needed to

 

pay for crime victim's rights services as determined by the

 

commission under section 3(a) may be used for crime victim

 

compensation under 1976 PA 223, MCL 18.351 to 18.368, including

 

compensation to minor crime victims. Any additional excess revenue

 

that has not been used for crime victim compensation may be used to

 

provide for establishment and maintenance of a statewide trauma

 

system, including staff support associated with trauma and related

 

emergency medical services program activities. Not more than

 

$3,500,000.00 must be expended for this purpose from the fund in

 

any fiscal year. For the 2014-2015 fiscal year only, not more than

 

$4,800,000.00 must be expended for this purpose from the fund.

 

     (3) Beginning October 1, 2018, the amount expended for the

 

statewide trauma system from the fund must not exceed 50% of the

 

maximum allowable under subsection (2), unless the amount expended

 

is reasonably proportional to crime victims' utilization of the

 

statewide trauma system.

 

     (3) (4) Beginning December 31, 2017 and annually after that

 

date, the department shall report all of the following regarding

 

minor crime victims who received crime victim compensation under

 

this section to the legislature:

 

     (a) The number of minor crime victims who received

 

compensation.

 

     (b) The age, gender, and geographic location of minor crime

 

victims who received compensation.

     (c) Whether the compensation was used for counseling or other

 

services.

 

     (d) If the compensation was used for counseling, whether the

 

minor crime victim received the counseling during a 1-time visit or

 

over the course of multiple visits.

 

     (4) (5) As used in this section, "minor crime victim" means a

 

crime victim who is less than 18 years of age.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.