Michigan House Bill HB5452

Michigan 2025-2026 Regular Session

• Introduced: 1/15/26
• Refer: 1/15/26

Caption

Criminal procedure: sentencing; sunset on certain costs that may be imposed upon criminal conviction; modify. Amends sec. 1k, ch. IX of 1927 PA 175 (MCL 769.1k).

Impact

A key feature of this bill is the provision that allows courts to impose costs related to the actual expenses incurred by the court, such as personnel salaries and operational costs, until December 31, 2026. Furthermore, the bill clarifies that defendants will be informed of the costs they incur and establishes reporting requirements for courts to compile data on these costs, which enhances transparency within the judicial process.

Summary

House Bill 5452 aims to amend the Code of Criminal Procedure in Michigan, specifically addressing the imposition of costs and fees upon defendants following a guilty plea or verdict. The bill dictates that at the time of sentencing, or when the judgment of guilt is deferred, certain minimum costs must be imposed by the court. This includes not only mandatory state costs but also a variety of discretionary fines and costs related to the court's operational expenses.

Contention

Though the bill aims to standardize the costs imposed upon defendants, potential points of contention may arise regarding the burden these costs may place on individuals, particularly those from disadvantaged backgrounds. Critics argue that imposing substantial court-related expenses could disproportionately affect lower-income defendants, leading to further financial strain and systemic inequities in the justice system. Additionally, the bill stipulates that incarceration for nonpayment of ordered costs is contingent on a court's finding that the defendant has the financial means to pay, which may also be subject to debate.

Notable_points

The bill also includes provisions that allow defendants to pay their costs through wage assignments and establishes mechanisms for collecting these imposed amounts. It highlights the court's obligation to provide comprehensive information to defendants regarding the financial obligations stemming from their convictions. Overall, House Bill 5452 reflects a tailored approach to managing court costs, but its implications for defendants' rights and responsibilities warrant a thorough examination as discussions progress.