Bill Text: MI HB4298 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Children; protection; electronic video recording of child interrogations in child protection cases; require. Amends 1975 PA 238 (MCL 722.621 - 722.638) by adding sec. 8f. TIE BAR WITH: HB 4299'17, HB 4300'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-02-27 - Referred To Committee On Judiciary [HB4298 Detail]
Download: Michigan-2017-HB4298-Engrossed.html
HB-4298, As Passed House, February 21, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 4298
A bill to amend 1975 PA 238, entitled
"Child protection law,"
(MCL 722.621 to 722.638) by adding section 8f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8f. (1) At the time a child is interviewed in an
accredited or an accreditable child assessment center under the
protocols established by the county as required under section 8(6),
the person conducting the interview shall make an electronic
recording of the interview in its entirety, absent good cause,
including, but not limited to, inoperability of the recording
equipment or other exigent circumstances. The recording of an
interview described in this subsection shall begin at the beginning
of that interview. The electronic recording shall not be turned off
until the interview is completed.
(2) A custodian of the videorecorded statement shall allow
access to and retain electronic recordings in the manner provided
for access to and retention of videorecorded statements under
section 2163a of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2163a.
(3) A failure to make an electronic recording of an interview
under this section, including failure to record the interview in
its entirety, does not prevent a forensic interviewer or other
witness present during the taking of the statement from testifying
in court as to the circumstances and content of the individual's
statement if the court determines that the testimony is otherwise
admissible.
(4) As used in this section:
(a) "Accredited or accreditable child assessment center" means
a facility or service provider that has received accreditation or
is eligible for accreditation from the national children's
alliance.
(b) "Custodian of the videorecorded statement" means that term
as defined in section 2163a of the revised judicature act of 1961,
1961 PA 236, MCL 600.2163a.
(c) "Electronic recording" means a videorecorded statement as
that term is defined in section 2163a of the revised judicature act
of 1961, 1961 PA 236, MCL 600.2163a.
Enacting section 1. This amendatory act takes effect 180 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) House Bill No. 4299.
(b) House Bill No. 4300.
