Bill Text: MI HB4738 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Criminal procedure: witnesses; confidentiality of certain information of a witness; require prosecuting attorney to maintain, and provide for disclosure in certain circumstances. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 40b to ch. VII.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Engrossed) 2023-10-25 - Referred To Committee On Civil Rights, Judiciary, And Public Safety [HB4738 Detail]
Download: Michigan-2023-HB4738-Engrossed.html
Substitute For
HOUSE BILL NO. 4738
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 40b to chapter VII.
the people of the state of michigan enact:
Sec. 40b. (1) Except as otherwise provided under this section, the prosecuting attorney shall keep personal information of a witness confidential unless the personal information is a part of the res gestae of the charged crime.
(2) Except as otherwise provided under this section, the prosecuting attorney shall redact personal information of a witness required to be kept confidential under subsection (1) from both of the following documents:
(a) Subject to subsections (3), (4), and (9), a document provided to the defendant's counsel or the defendant.
(b) Subject to subsection (5), a document that the prosecuting attorney submits as an ordinary court document or that will be entered into the court file.
(3) The prosecuting attorney is not required to redact the personal information of a witness under subsection (2)(a) if either of the following applies:
(a) The document was obtained from the defendant or defendant's counsel, or was obtained from the defendant's or defendant's counsel's possession.
(b) The personal information was obtained from the defendant or defendant's counsel, or was obtained from the defendant's or defendant's counsel's possession.
(4) The prosecuting attorney is not required to redact personal information of a witness as provided under subsection (2)(a) if, on a motion by the prosecutor, the court enters a protective order restricting the defendant and defendant's counsel from disclosing or using the document for any purpose other than the litigation of the case in which the document was provided to the defendant or defendant's counsel.
(5) The prosecuting attorney is not required to redact personal information of a witness as provided under subsection (2)(b) if, on a motion by the prosecutor, the court enters a protective order placing the document to be entered into the court record under seal and not accessible to the public.
(6) Subject to subsection (7), the defendant or defendant's counsel shall redact personal information of a witness from any document that the defendant or defendant's counsel submits as an ordinary court document or that will be entered into the court file.
(7) The defendant or defendant's counsel is not required to redact personal information of a witness as provided under subsection (6) if, on a motion by the defendant or defendant's counsel, the court enters a protective order placing the document to be entered into the court record under seal and not accessible to the public.
(8) This section does not alleviate the obligation otherwise required under law to make a witness available for interview by the other party.
(9) On motion by the defendant, and subject to subsection (12), the court may order the prosecuting attorney to provide personal information of a witness to the defendant's counsel or the defendant.
(10) A motion under subsection (9) must demonstrate that the requested personal information of a witness is reasonably necessary to provide an adequate defense.
(11) If the court grants a motion under subsection (9), the order must do all of the following:
(a) Limit the disclosure of the personal information of a witness to the extent the disclosure is reasonably necessary to provide an adequate defense.
(b) Except as provided in subdivision (c), require the personal information of a witness to remain in the exclusive custody of the defendant's counsel or the defendant if the defendant is not represented by counsel.
(c) Include conditions and terms for the defendant's counsel or, if the defendant is not represented by counsel, the defendant, to provide the personal information of a witness to the counsel's or the defendant's agent, employee, or expert witness if it is necessary for a limited purpose that is approved by the court.
(d) Prohibit the reproduction, copying, or dissemination of the personal information of a witness unless authorized in the order.
(12) This section does not authorize the disclosure of the confidential address of a program participant.
(13) This section does not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services.
(14) A person who is required to keep confidential or redact personal information of a witness under this section and who intentionally and willfully discloses that personal information in violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(15) As used in this section:
(a) "Confidential address" means that term as defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.
(b) "Internet identifier" means a designation used for self-identification or routing used in posting on the internet or in other internet communications.
(c) "Personal information" means the following information of an individual but does not include the location of a charged crime:
(i) Home address.
(ii) Telephone number and cellular telephone number.
(iii) Driver license number or official state personal identification card number.
(iv) Social Security number.
(v) Date of birth.
(vi) Place and address of employment.
(vii) Employee identification number.
(viii) Mother's maiden name.
(ix) Demand deposit account, savings account, or checking account number, or other financial identification information.
(x) Credit card number.
(xi) Email address.
(xii) Internet identifier.
(xiii) Home address, telephone number, and cellular telephone number of a family member.
(d) "Program participant" means that term as defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.
