Bill Text: MI HB4214 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Criminal procedure: evidence; admissibility of certain hearsay testimony in certain human trafficking and prostitution prosecutions; provide for. Amends sec. 27c, ch. VIII of 1927 PA 175 (MCL 768.27c).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-02-16 - Bill Electronically Reproduced 02/11/2021 [HB4214 Detail]
Download: Michigan-2021-HB4214-Introduced.html
HOUSE BILL NO. 4214
February 11, 2021, Introduced by Reps. Mueller
and LaGrand and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 27c of chapter VIII (MCL 768.27c), as added by 2006 PA 79.
the people of the state of michigan enact:
Sec. 27c. (1)
Evidence of a statement by a declarant is admissible if all of the following
apply:
(a) The statement purports to narrate, describe, or explain
the infliction or threat of physical injury upon the declarant.
(b) The action in which the evidence is offered under this
section is an offense involving domestic violence,
prostitution, or human trafficking.
(c) The statement was made at or near the time of the
infliction or threat of physical injury. Evidence of a statement made more than
5 years before the filing of the current action or proceeding is inadmissible
under this section.
(d) The statement was made under circumstances that would indicate
the statement's trustworthiness.
(e) The statement was made to a law enforcement officer.
(2) For the purpose of subsection (1)(d), circumstances
relevant to the issue of trustworthiness include, but are not limited to, all
of the following:
(a) Whether the statement was made in contemplation of
pending or anticipated litigation in which the declarant was interested.
(b) Whether the declarant has a bias or motive for
fabricating the statement, and the extent of any bias or motive.
(c) Whether the statement is corroborated by evidence other
than statements that are admissible only under this section.
(3) If the prosecuting attorney intends to offer evidence
under this section, the prosecuting attorney shall disclose the evidence,
including the statements of witnesses or a summary of the substance of any
testimony that is expected to be offered, to the defendant not less than 15
days before the scheduled date of trial or at a later time as allowed by the
court for good cause shown.
(4) Nothing in this section shall be construed to abrogate
any privilege conferred by law.
(5) As used in this section:
(a) "Declarant" means a person who makes a
statement.
(b) "Domestic violence" or "offense involving
domestic violence" means an occurrence of 1 or more of the following acts
by a person that is not an act of self-defense:
(i) Causing or attempting
to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or
mental harm.
(iii) Causing or attempting to cause a family or household member
to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member
that would cause a reasonable person to feel terrorized, frightened,
intimidated, threatened, harassed, or molested.
(c) "Family or
household member" means any of the following:
(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a child
in common.
(iv) An individual with whom the person has or has had a dating
relationship. As used in this subparagraph, "dating relationship"
means frequent, intimate associations primarily characterized by the
expectation of affectional involvement. This term does not include a casual
relationship or an ordinary fraternization between 2 individuals in a business
or social context.
(d) "Human trafficking" means a violation of
chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to
750.762h.
(e) "Prostitution" means a violation of chapter
LXVII of the Michigan penal code, 1931 PA 328, MCL 750.448 to 750.462.
(6) This section applies
to trials and evidentiary hearings commenced or in progress on or after May 1,
2006.
