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SENATE BILL NO. 1089
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 880d, 8727, and 8827 (MCL 600.880d, 600.8727,
and 600.8827), section 880d as added by 1993 PA 189, section 8727
as amended by 2003 PA 95, and section 8827 as amended by 2020 PA
387, and by adding sections 1495, 1496, and 1497; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 880d. A judge of probate shall order that the payment of 1
any fee required under this chapter be waived or suspended, in 2
whole or in part, upon a showing by affidavit on a determination of 3
July 02, 2026, Introduced by Senators CHANG, CAVANAGH, DAMOOSE and SHINK and
referred to Committee on Civil Rights, Judiciary, and Public Safety.
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indigency. or inability to pay.The court shall determine indigency 1
in accordance with the process provided in section 1495. 2
Sec. 1495. (1) Before the imposition of any fine, cost, or 3
other assessment under section 8727 or 8827, section 1k of chapter 4
IX of the code of criminal procedure, 1927 PA 175, MCL 769.1k, or 5
section 907 of the Michigan vehicle code, 1949 PA 300, MCL 257.907, 6
the court must conduct an assessment of indigency using a 3-pronged 7
examination. An individual must be determined to be indigent if the 8
individual meets any of the following criteria: 9
(a) The individual is enrolled in public assistance, 10
including, but not limited to, food assistance; temporary 11
assistance for needy families; Medicaid; disability insurance; 12
women, infants, and children benefits; federal supplemental 13
security income; family independence program; or public housing. 14
(b) The individual's income is at or below the very low income 15
threshold for the county in which the individual resides according 16
to the United States Department of Housing and Urban Development 17
Income Eligibility Calculator. 18
(c) The individual demonstrates financial hardship under an 19
individualized judicial review test, including, but not limited to, 20
consideration of 1 or more of the following: 21
(i) Household size. 22
(ii) Income source and amount. 23
(iii) Other relevant financial circumstances, medical expenses 24
or procedures, emergencies, or other existing debts. 25
(2) For an assessment of indigency under subsection (1)(a) and 26
(b), the trial court may request documentary evidence to establish 27
that indigency criteria are met or may rely on self-attestation. An 28
individual must be advised before sentencing that the individual 29
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may provide the trial court with any evidence of limited financial 1
means or hardship. 2
(3) For an assessment of indigency under subsection (1)(c), 3
self-attestation of financial circumstances shall be presumed 4
sufficient proof. The trial court may exercise its discretion to 5
require documentary proof of an individual's stated circumstance, 6
but if the trial court requires proof, the trial court must 7
document the court's reasoning for the requirement on the record. 8
(4) Current incarceration of an individual creates a 9
presumption of the individual's indigency under this section. 10
(5) Except as otherwise provided by law, the indigency 11
standards in this section must also apply when determining an 12
individual's indigency for waiver of civil filing fees and court 13
costs. 14
Sec. 1496. (1) At sentencing, the trial court shall calculate 15
the court assessments owed by the defendant. Assessments may 16
include restitution to victims, fines within statutory ranges, 17
court costs, fees authorized by law, and reimbursements including, 18
but not limited to, plaintiff costs. 19
(2) Without regard to indigency, restitution must be imposed 20
where appropriate for the offense, under all of the following: 21
(a) Section 543x of the Michigan penal code, 1931 PA 328, MCL 22
750.543x. 23
(b) Sections 1a(2), 3, and 34(6) of chapter IX of the code of 24
criminal procedure, 1927 PA 175, MCL 769.1a, 769.3, and 769.34. 25
(c) Section 3(1)(e) of chapter XI of the code of criminal 26
procedure, 1927 PA 175, MCL 771.3. 27
(d) Section 16(2) or 76(2) of the William Van Regenmorter 28
crime victim's rights act, 1985 PA 87, MCL 780.766 and 780.826. 29
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(e) Any other applicable law. 1
(3) Fines and assessments imposed under section 5 of 1989 PA 2
196, MCL 780.905, for the purpose of victim payments under the 3
William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 4
780.751 to 780.834, may be imposed at the discretion of the court. 5
In determining whether a fine, an assessment imposed under section 6
5 of 1989 PA 196, MCL 780.905, or both, are appropriate 7
accountability measures, the trial court may consider the 8
individual's indigency and follow guidance provided by the state 9
court administrative office under the direction of the supreme 10
court about alternative sentencing measures that may provide more 11
appropriate accountability for indigent individuals. 12
(4) On a finding of indigency, the court shall not impose 13
costs, fees, and reimbursements including, but not limited to, 14
plaintiff costs. 15
(5) The trial court shall make a finding of indigency on the 16
record. The court shall make all findings regarding the court 17
assessments imposed or not imposed on the record. 18
Sec. 1497. (1) An individual may motion the trial court for 19
redetermination of indigency if the individual's financial 20
circumstances change after the individual has been sentenced. On a 21
request for redetermination, the trial court shall conduct a new 22
indigency assessment in accordance with the process set out in 23
section 1496. The trial court shall consider any evidence of change 24
in financial means. 25
(2) If the trial court finds that the individual is indigent 26
on redetermination under subsection (1), all of the following 27
apply: 28
(a) The trial court shall waive previously imposed court costs 29
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and fees. 1
(b) The trial court may waive previously imposed fines at its 2
discretion. 3
(c) The trial court shall enter the waiver into the judicial 4
information services system, and any late fees that had been 5
imposed on that assessment must be waived. 6
(3) If the trial court waives a previously imposed assessment 7
under this section and the individual has already made payments 8
toward the assessment, the individual is not entitled to a 9
reimbursement of the payments. 10
Sec. 8727. (1) A municipal civil infraction is not a lesser 11
included offense of a criminal offense or an ordinance violation 12
that is not a civil infraction. 13
(2) If a defendant is determined to be responsible or 14
responsible "with explanation" for a municipal civil infraction, 15
the judge or district court magistrate may order the defendant to 16
pay a civil fine. , Beginning after the effective date of the 17
amendatory act that added section 1495, before ordering a defendant 18
to pay costs, assessments, damages, or expenses under this section, 19
the judge or district court magistrate shall conduct an indigency 20
assessment and make an indigency determination in accordance with 21
sections 1495 to 1497. If the judge or district court magistrate 22
finds that the defendant is indigent, the judge or district court 23
magistrate shall not order any costs, assessments, damages, or 24
expenses under this section. If the judge or district court 25
magistrate finds that the defendant is not indigent, the judge or 26
district court magistrate may order the defendant to pay costs as 27
provided in subsection (3), the justice system assessment as 28
provided in subsection (4), and, if applicable, damages and 29
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expenses as provided in section 8733(2). In the order of judgment, 1
the judge or district court magistrate may grant a defendant 2
permission to pay a civil fine, costs, assessment, and damages and 3
expenses within a specified period of time or in specified 4
installments. Otherwise, the civil fine, costs, assessment, and 5
damages and expenses are due immediately. 6
(3) If a defendant is ordered to pay a civil fine found not 7
indigent under subsection (2), the judge or district court 8
magistrate shall may summarily tax and determine the costs of the 9
action, which are not limited to the costs taxable in ordinary 10
civil actions and may include all expenses, direct and indirect, to 11
which the plaintiff has been put in connection with the municipal 12
civil infraction, up to the entry of judgment. Costs of not more 13
than $500.00 shall must be ordered. Until September 30, 2003, the 14
amount of costs ordered shall must be not less than $9.00. Except 15
as otherwise provided by law, costs shall be are payable to the 16
general fund of the plaintiff. 17
(4) Effective October 1, 2003, in addition to any fine or cost 18
ordered to be paid under subsection (2), the judge or district 19
court magistrate shall may order the a defendant who is not 20
indigent to pay a justice system assessment of $10.00. Upon On 21
payment of the assessment, the clerk of the court shall transmit 22
the assessment collected to the state treasurer for deposit in the 23
justice system fund created in section 181. 24
(5) In addition to ordering the defendant to pay a civil fine, 25
costs, a justice system assessment, and damages and expenses, the 26
judge or district court magistrate may issue a writ or order under 27
section 8302. 28
(6) A district court magistrate shall impose the sanctions 29
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permitted under subsections (2) and (5) only to the extent 1
expressly authorized by the chief judge or only judge of the 2
district court district. 3
(7) Each district of the district court and each municipal 4
court may establish a schedule of civil fines, costs, and 5
assessments to be imposed for municipal civil infractions that 6
occur within the district or city. If a schedule is established, it 7
shall must be prominently posted and readily available for public 8
inspection. A schedule need not include all municipal civil 9
infractions. A schedule may exclude cases on the basis of a 10
defendant's prior record of municipal civil infractions. If a 11
schedule is established, the schedule must make note of the 12
exception for indigent individuals and include the process for 13
determining indigency under sections 1495 to 1497. 14
(8) A default in the payment of a civil fine, costs, 15
assessment, or damages or expenses ordered under subsection (2), 16
(3), or (4) or an installment of the fine, costs, assessment, or 17
damages or expenses may be collected by a means authorized for the 18
enforcement of a judgment under chapter 40 or chapter 60. 19
(9) If a defendant fails to comply with an order or judgment 20
issued pursuant to under this section within the time prescribed by 21
the court, the court may proceed under section 8729, 8731 , or 22
8733, as applicable. 23
(10) A defendant who fails to answer a citation or notice to 24
appear in court for a municipal civil infraction is guilty of a 25
misdemeanor. 26
Sec. 8827. (1) A state civil infraction is not a lesser 27
included offense of a criminal offense. 28
(2) If a defendant is determined to be responsible or 29
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responsible "with explanation" for a state civil infraction, the 1
judge or district court magistrate may order the defendant to pay a 2
civil fine as provided by law. and Beginning after the effective 3
date of the amendatory act that added section 1495, before ordering 4
a defendant to pay costs, assessments, damages, or expenses under 5
this section, the judge or district court magistrate shall conduct 6
an indigency assessment and make an indigency determination in 7
accordance with sections 1495 to 1497. If the judge or district 8
court magistrate finds that the defendant is indigent, the judge or 9
district court magistrate shall not order any costs, assessments, 10
damages, or expenses under this section. If the judge or district 11
court magistrate finds that the defendant is not indigent, the 12
judge or district court magistrate may order the defendant to pay 13
costs as provided in subsection (3) and the justice system 14
assessment provided in subsection (4). In the order of judgment, 15
the judge or district court magistrate may grant a defendant 16
permission to pay a civil fine, costs, and assessment within a 17
specified period of time or in specified installments. Otherwise, 18
the civil fine, costs, and assessment are payable immediately. 19
(3) If a defendant is ordered to pay a civil fine found not 20
indigent under subsection (2), the judge or district court 21
magistrate shall may summarily tax and determine the costs of the 22
action, which are not limited to the costs taxable in ordinary 23
civil actions and may include all expenses, direct and indirect, to 24
which the plaintiff has been put in connection with the state civil 25
infraction, up to the entry of judgment. Costs of not more than 26
$500.00 must may be ordered. Until September 30, 2003, the amount 27
of costs ordered must be not less than $9.00. Costs in a state 28
civil infraction action in the district court must be distributed 29
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as provided in sections 8379 and 8381. Beginning October 1, 2003, 1
costs ordered in a state civil infraction action must be 2
distributed as provided in section 8379. Costs in a state civil 3
infraction action in a municipal court must be paid to the county. 4
(4) Effective October 1, 2003, in addition to any fine or cost 5
ordered to be paid under subsection (2) or (3), the judge or 6
district court magistrate shall may order the a defendant who is 7
not indigent to pay a justice system assessment of $10.00. Upon On 8
payment of the assessment, the clerk of the court shall transmit 9
the assessment collected to the state treasurer for deposit in the 10
justice system fund created in section 181. 11
(5) A district court magistrate shall impose the sanctions 12
permitted under subsection (2) only to the extent expressly 13
authorized by the chief judge or only judge of the district court 14
district. 15
(6) Each district of the district court and each municipal 16
court may establish a schedule of civil fines, costs, and 17
assessments to be imposed for state civil infractions that occur 18
within the district or city. If a schedule is established, it must 19
be prominently posted and readily available for public inspection. 20
A schedule need not include all violations that are designated by 21
law as state civil infractions. If a schedule is established, the 22
schedule must make note of the exception for indigent individuals 23
and include the process for determining indigency under sections 24
1495 to 1497. 25
(7) A default in the payment of a civil fine, costs, or 26
assessment ordered under subsection (2), (3), or (4) or an 27
installment of the fine, costs, or assessment may be collected by a 28
means authorized for the enforcement of a judgment under chapter 40 29
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or chapter 60. 1
(8) A defendant who fails to comply with an order or judgment 2
issued under this section is guilty of a misdemeanor. 3
Enacting section 1. Sections 8729 and 8829 of the revised 4
judicature act of 1961, 1961 PA 236, MCL 600.8729 and 600.8829, are 5
repealed. 6
Enacting section 2. This amendatory act does not take effect 7
unless Senate Bill No. 1090 of the 103rd Legislature is enacted 8
into law. 9