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HB-5510, As Passed House, June 10, 2026
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HOUSE BILL NO. 5510
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1 of chapter XI (MCL 771.1), as amended by 2019
PA 165.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI 1
Sec. 1. (1) In all prosecutions for felonies, misdemeanors, or 2
ordinance violations other than murder, treason, criminal sexual 3
conduct in the first or third degree, armed robbery, or major 4
controlled substance offenses, if the defendant has been found 5
February 05, 2026, Introduced by Reps. St. Germaine, Mentzer, Edwards, McFall, Wozniak,
Greene, Rheingans, Xiong, Aragona, Beson, Robinson, Johnsen and Wilson and referred to
Committee on Judiciary.
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guilty upon on verdict or plea and the court determines that the 1
defendant is not likely again to engage in an offensive or criminal 2
course of conduct and that the public good does not require that 3
the defendant suffer the penalty imposed by law, the court may 4
place the defendant on probation under the charge and supervision 5
of a probation officer. 6
(2) In an action in which the court may place the defendant on 7
probation, the court may delay sentencing the defendant for not 8
more than 1 year to give the defendant an opportunity to prove to 9
the court his or her the defendant's eligibility for probation or 10
other leniency compatible with the ends of justice and the 11
defendant's rehabilitation, such as participation in a drug 12
treatment court under chapter 10A of the revised judicature act of 13
1961, 1961 PA 236, MCL 600.1060 to 600.1088, as follows: 14
(a) For not less than 1 year or more than 5 years for a 15
violation of section 165 of the Michigan penal code, 1931 PA 328, 16
MCL 750.165, for nonpayment of child support. 17
(b) For not more than 1 year for a misdemeanor or any other 18
felony. 19
(3) When sentencing is delayed, the court shall enter an order 20
stating the reason for the delay upon on the court's records. The 21
delay in passing sentence does not deprive the court of 22
jurisdiction to sentence the defendant at any time during the 23
period of delay. 24
(4) (3) Except as provided in subsection (5), (6), if a 25
defendant is before the circuit court and the court delays imposing 26
sentence under subsection (2), the court shall include in the 27
delayed sentence order that the department of corrections collect a 28
supervision fee of $30.00 multiplied by the number of months of 29
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delay ordered, but not more than 12 months for a misdemeanor or 1
felony other than a violation of section 165 of the Michigan penal 2
code, 1931 PA 328, MCL 750.165, for nonpayment of child support, or 3
60 months for a violation of section 165 of the Michigan penal 4
code, 1931 PA 328, MCL 750.165, for nonpayment of child support, if 5
the individual is placed on supervision without electronic 6
monitoring. If the individual is placed on supervision with an 7
electronic monitoring device under this subsection, the court shall 8
include in the delayed sentence order that the department of 9
corrections collect a supervision fee of $60.00 multiplied by the 10
number of months of supervision ordered under the delay of 11
sentence, but not more than 12 months for a misdemeanor or felony 12
other than a violation of section 165 of the Michigan penal code, 13
1931 PA 328, MCL 750.165, for nonpayment of child support or 60 14
months for a violation of section 165 of the Michigan penal code, 15
1931 PA 328, MCL 750.165, for nonpayment of child support. The fee 16
is payable when the delayed sentence order is entered, but the fee 17
may be paid in monthly installments if the court approves 18
installment payments for that defendant. The fee must be collected 19
as provided in section 25a of the corrections code of 1953, 1953 PA 20
232, MCL 791.225a. A person must not be subject to more than 1 21
supervision fee at the same time. If a supervision fee is ordered 22
for a person for any month or months during which that person 23
already is subject to a supervision fee, the court shall waive the 24
fee having the shorter remaining duration. 25
(5) (4) This section does not apply to a juvenile placed on 26
probation and committed under section 1(3) or (4) of chapter IX to 27
an institution or agency described in the youth rehabilitation 28
services act, 1974 PA 150, MCL 803.301 to 803.309. 29
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(6) (5) The court may waive the fee required to be collected 1
under this section if the court determines the supervised 2
individual is indigent. 3
(7) If a sentence is delayed under this section, the court may 4
delay entering the judgment of conviction as provided under section 5
1a of this chapter. 6
(8) (6) As used in this section, "electronic monitoring 7
device" includes any electronic device or instrument that is used 8
to track the location of an individual, enforce a curfew, or detect 9
the presence of alcohol in an individual's body. 10
Enacting section 1. This amendatory act takes effect 90 days 11
after the date it is enacted into law. 12
Enacting section 2. This amendatory act does not take effect 13
unless House Bill No. 5511 (request no. H06069'26) of the 103rd 14
Legislature is enacted into law. 15