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MI HB5443

MI HB5443
Criminal procedure: bail; setting of bond related to spousal or child support arrearage; modify. Amends sec. 165 of 1931 PA 328 (MCL 750.165). TIE BAR WITH: HB 5436'21


summary

Introduced
10/20/2021
In Committee
10/20/2021
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

101st Legislature

Bill Summary

Criminal procedure: bail; setting of bond related to spousal or child support arrearage; modify. Amends sec. 165 of 1931 PA 328 (MCL 750.165). TIE BAR WITH: HB 5436'21

AI Summary

This bill amends Section 165 of the Michigan Penal Code, which addresses individuals who fail to pay court-ordered spousal or child support. The key changes are: 1) The bill modifies the requirements for setting a cash bond upon arrest for failure to pay support. Instead of a mandatory minimum bond, the court must follow the process in the Code of Criminal Procedure to set an appropriate bond amount. 2) The bill removes the requirement for the court to continue the cash bond at a minimum of $500 or 25% of the arrearage, and instead allows the court discretion to set the bond up to 100% of the arrearage. 3) The bill specifies that a restitution order for failure to pay support must reference the original support order and direct the individual to pay the unpaid arrearage under that order, rather than awarding a separate amount. The bill also includes standard enacting clauses, stating that it takes effect 90 days after enactment and is tie-barred to another bill, meaning it cannot take effect unless that other bill is also enacted.

Committee Categories

Justice

Sponsors (11)

Last Action

Bill Electronically Reproduced 10/20/2021 (on 10/21/2021)

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