Bill Text: MI HB4488 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Crime victims: rights; certain supports for certain victims; expand, and require the domestic and sexual violence prevention and treatment board to perform certain duties. Amends title of 2008 PA 546 (MCL 400.1531 - 400.1535) & adds secs. 2a & 2b.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced) 2023-05-02 - Bill Electronically Reproduced 04/27/2023 [HB4488 Detail]
Download: Michigan-2023-HB4488-Introduced.html
HOUSE BILL NO. 4488
A bill to amend 2008 PA 546, entitled
"Sexual assault victims' medical forensic intervention and treatment act,"
(MCL 400.1531 to 400.1535) by amending the title and by adding sections 2a and 2b.
the people of the state of michigan enact:
An act to create the sexual assault victims' medical forensic intervention and treatment fund; to provide for assessments against certain criminal defendants and certain juvenile offenders; to provide for expenditures from the fund; to provide for establishment of and funding establish, and to provide funding for and access to medical forensic intervention, and treatment programs, and certain supports for victims and survivors of criminal sexual conduct; and to prescribe the powers and duties of certain state and local governmental officers and agencies.
Sec. 2a. (1) Except as provided in subsection (4), a sexual assault survivor has a right to have a support person selected by the survivor and an attorney retained by the survivor present during an interview conducted in the course of an investigation of criminal sexual conduct.
(2) A sexual assault survivor has a right to consult with a sexual assault counselor and an attorney retained by the survivor during the administration of a sexual assault evidence kit. If the sexual assault counselor or attorney cannot be summoned in a timely manner, the sexual assault survivor must be notified of any ramifications to delaying the administration of the sexual assault evidence kit.
(3) A sexual assault survivor must be informed of the right to have a support person, attorney, and sexual assault counselor present under subsections (1) and (2). A sexual assault survivor is not required to participate in the criminal justice system or cooperate with law enforcement as a condition of exercising a right under subsection (1) or (2). Except as otherwise required by law, the presence of a support person does not waive a privilege to which a survivor is otherwise entitled.
(4) Unless the support person designated under subsection (1) is an attorney retained by the sexual assault survivor, subsection (1) does not apply if a law enforcement officer, prosecutor, or defense attorney conducting the interview determines in his or her good-faith professional judgment that the presence of a support person with a sexual assault survivor during an interview would be detrimental to the purpose of the interview.
(5) As used in this section, "sexual assault survivor" means an individual who is a survivor of criminal sexual conduct.
Sec. 2b. Not later than 18 months after the effective date of the amendatory act that added this section, the board shall do all of the following:
(a) Study nationally recognized best practices regarding the following topics:
(i) The number of current sexual assault counselors and utilization of those counselors.
(ii) The use of sexual assault counselors after a medical examination following a sexual assault or after the administration of a sexual assault evidence kit.
(b) Collect data from this state regarding all of the following:
(i) The reporting of sexual assaults.
(ii) Arrest and prosecution rates for criminal sexual conduct.
(iii) Sexual assault survivor access to sexual assault crisis centers and sexual assault counselors.
(iv) Any other information that the board considers important in creating the report described under subdivision (e).
(c) Collect information regarding the care and treatment of sexual assault survivors from stakeholders, practitioners, state and local law enforcement agencies, providers of victim services, forensic science practitioners, and health care providers.
(d) Consult with experts.
(e) Create a report that includes all of the following:
(i) A conclusion of whether there is a need for additional sexual assault counselors in this state and the information used for that conclusion.
(ii) If the board concludes there is a need for additional sexual assault counselors under subparagraph (i), a plan to provide a sufficient number of sexual assault counselors with sexual assault crisis centers to meet the needs of sexual assault survivors.
(iii) An estimate of the cost and any method of funding the plan under subparagraph (ii), if applicable.
