Bill Text: MI HB4725 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Crime victims; rights; information concerning minors who have been victims of child abuse or sex crimes; exempt from disclosure under the crime victim's rights act. Amends secs. 8, 38 & 68 of 1985 PA 87 (MCL 780.758 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 457'12 With Immediate Effect 2012 Addenda [HB4725 Detail]
Download: Michigan-2011-HB4725-Chaptered.html
Act No. 457
Public Acts of 2012
Approved by the Governor
December 22, 2012
Filed with the Secretary of State
December 27, 2012
EFFECTIVE DATE: December 27, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Rep. McMillin
ENROLLED HOUSE BILL No. 4725
AN ACT to amend 1985 PA 87, entitled “An act to establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers’ agents toward victims; and to provide for penalties and remedies,” by amending sections 8, 38, and 68 (MCL 780.758, 780.788, and 780.818), as amended by 2000 PA 503.
The People of the State of Michigan enact:
Sec. 8. (1) Based upon the victim’s reasonable apprehension of acts or threats of physical violence or intimidation by the defendant or at defendant’s direction against the victim or the victim’s immediate family, the prosecuting attorney may move that the victim or any other witness not be compelled to testify at pretrial proceedings or at trial for purposes of identifying the victim as to the victim’s address, place of employment, or other personal identification without the victim’s consent. A hearing on the motion shall be in camera.
(2) The work address and address of the victim shall not be in the court file or ordinary court documents unless contained in a transcript of the trial or it is used to identify the place of the crime. The work telephone number and telephone number of the victim shall not be in the court file or ordinary court documents except as contained in a transcript of the trial.
(3) Under section 24 of article I of the state constitution of 1963, guaranteeing to crime victims the right to be treated with respect for their dignity and privacy, all of the following information and visual representations of a victim are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(a) The home address, home telephone number, work address, and work telephone number of the victim unless the address is used to identify the place of the crime.
(b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim.
(c) The following information concerning a victim of child abuse, criminal sexual conduct, assault with intent to commit criminal sexual conduct, or a similar crime who was less than 18 years of age when the crime was committed:
(i) The victim’s name and address.
(ii) The name and address of an immediate family member or relative of the victim, who has the same surname as the victim, other than the name and address of the accused.
(iii) Any other information that would tend to reveal the identity of the victim, including a reference to the victim’s familial or other relationship to the accused.
(4) Subsection (3) does not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services.
Sec. 38. (1) Based upon the victim’s reasonable apprehension of acts or threats of physical violence or intimidation by the juvenile or at the juvenile’s direction against the victim or the victim’s immediate family, the prosecuting attorney may move or, in the absence of a prosecuting attorney, the victim may request that the victim or any other witness not be compelled to testify at any court hearing for purposes of identifying the victim as to the victim’s address, place of employment, or other personal identification without the victim’s consent. A hearing on the motion shall be in camera.
(2) Under section 24 of article I of the state constitution of 1963, guaranteeing to crime victims the right to be treated with respect for their dignity and privacy, all of the following information and visual representations of a victim are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(a) The home address, home telephone number, work address, and work telephone number of the victim.
(b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim.
(c) The following information concerning a victim of child abuse, criminal sexual conduct, assault with intent to commit criminal sexual conduct, or a similar crime who was less than 18 years of age when the crime was committed:
(i) The victim’s name and address.
(ii) The name and address of an immediate family member or relative of the victim, who has the same surname as the victim, other than the name and address of the accused.
(iii) Any other information that would tend to reveal the identity of the victim, including a reference to the victim’s familial or other relationship to the accused.
(3) Subsection (2) does not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services.
Sec. 68. (1) Based upon the victim’s reasonable apprehension of acts or threats of physical violence or intimidation by the defendant or at defendant’s direction against the victim or the victim’s immediate family, the prosecuting attorney may move that the victim or any other witness not be compelled to testify at pretrial proceedings or at trial for purposes of identifying the victim as to the victim’s address, place of employment, or other personal identification without the victim’s consent. A hearing on the motion shall be in camera.
(2) Under section 24 of article I of the state constitution of 1963, guaranteeing to crime victims the right to be treated with respect for their dignity and privacy, all of the following information and visual representations of a victim are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(a) The home address, home telephone number, work address, and work telephone number of the victim.
(b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim.
(c) The following information concerning a victim of child abuse, criminal sexual conduct, assault with intent to commit criminal sexual conduct, or a similar crime who was less than 18 years of age when the crime was committed:
(i) The victim’s name and address.
(ii) The name and address of an immediate family member or relative of the victim, who has the same surname as the victim, other than the name and address of the accused.
(iii) Any other information that would tend to reveal the identity of the victim, including a reference to the victim’s familial or other relationship to the accused.
(3) Subsection (2) does not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
