2018 House Bill 5985 / Public Act 214

Revise Indigent Defense Commission details

Introduced in the House

May 15, 2018

Introduced by Rep. Rob VerHeulen (R-74)

To revise details of a state Indigent Defense Commission and process that were created by a <http://www.michiganvotes.org/2013-HB-4529">2013 law</a> that established statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, along with a partial state funding mechanism. Among other revisions the bill would authorize a separate class of “partially indigent” defendants who could be required to reimburse a portion of their defense costs, and would earmark 20 percent of the amount collected for indigent defense purposes.

Referred to the Committee on Appropriations

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

May 23, 2018

Substitute offered by Rep. Rob VerHeulen (R-74)

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Jon Hoadley (D-60)

To delete a provision requiring the commission to get approval from a state department before hiring a director.

The amendment passed by voice vote

Amendment offered by Rep. Jon Hoadley (D-60)

To require the commission to promulgate objective standards for courts to use in determining whether a defendant is partially indigent.

The amendment passed by voice vote

Amendment offered by Rep. Rob VerHeulen (R-74)

To leave determinations of whether a defendant is partially indigent in the hands of the local government that funds a trial court rather than the court.

The amendment passed by voice vote

Amendment offered by Rep. Rob VerHeulen (R-74)

To leave determinations of how much a partially indigent defendant should pay in the hands of the local government that funds a trial court rather than the court.

The amendment passed by voice vote

Passed in the House 94 to 15 (details)

To revise details of a state Indigent Defense Commission and process that were created by a <http://www.michiganvotes.org/2013-HB-4529">2013 law</a> that established statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, along with a partial state funding mechanism. Among other revisions the bill would authorize a separate class of “partially indigent” defendants who could be required to reimburse a portion of their defense costs, and would earmark 20 percent of the amount collected for indigent defense purposes. It would also index to inflation the share of these expenses that counties would have to pick up.

Received in the Senate

May 29, 2018

Referred to the Committee on Appropriations

June 12, 2018

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Passed in the Senate 27 to 9 (details)

To revise details of a state Indigent Defense Commission and process that were created by a <http: www.michiganvotes.org="" 2013-hb-4529"="">2013 law that established statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, along with a partial state funding mechanism. Among other revisions the bill would authorize a separate class of “partially indigent” defendants who could be required to reimburse a portion of their defense costs, and would earmark 20 percent of the amount collected for indigent defense purposes. It would also index to inflation the share of these expenses that counties would have to pick up</http:>.

Received in the House

June 12, 2018

Passed in the House 97 to 12 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Rick Snyder

June 25, 2018