September 26, 2018, Introduced by Rep. Vaupel and referred to the Committee on Law and Justice.
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 2018 PA 221.
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) of this act 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
and for the establishment and maintenance of crime survivor trauma
recovery centers as provided for in the crime survivor trauma
recovery center act. Funds used for the establishment and
maintenance of crime survivor trauma recovery centers under this
section shall be deposited into the crime survivor recovery center
grant fund created in section 6 of the Michigan crime survivor
recovery center act. 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, 2021, 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 and the crime survivor trauma recovery
centers established under the Michigan crime survivor trauma
recovery center act.
(4)
Beginning December 31, 2017 and annually after that date,
the
The department shall annually 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.
(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.