Bill Text: MI HB5407 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Crime victims; statements; presence of defendant during presentation of victim oral impact statements; require. Amends secs. 15, 43 & 75 of 1985 PA 87 (MCL 780.765 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-05-23 - Assigned Pa 153'18 With Immediate Effect [HB5407 Detail]
Download: Michigan-2017-HB5407-Engrossed.html
HB-5407, As Passed Senate, May 10, 2018
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5407
A bill to amend 1985 PA 87, entitled
"William Van Regenmorter crime victim's rights act,"
by amending sections 15, 43, and 75 (MCL 780.765, 780.793, and
780.825), as amended by 2000 PA 503.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) The victim has the right to appear and make an
oral impact statement at the sentencing of the defendant. If the
victim is physically or emotionally unable to make the oral impact
statement, the victim may designate any other person 18 years of
age or older who is neither the defendant nor incarcerated to make
the statement on his or her behalf. The other person need not be an
attorney.
(2) Unless the court has determined, in its discretion, that
the defendant is behaving in a disruptive manner or presents a
threat to the safety of any individuals present in the courtroom,
the defendant must be physically present in the courtroom at the
time a victim makes an oral impact statement under subsection (1).
In making its determination under this subsection, the court may
consider any relevant statement provided by the victim regarding
the defendant being physically present during that victim's oral
impact statement. This subsection applies to cases in which the
sentencing of the defendant occurs on or after the effective date
of the amendatory act that added this subsection.
(3) The 2018 amendatory act that amended this section and
sections 43 and 75 shall be known and may be cited as the "Rebekah
Bletsch law".
Sec. 43. (1) The victim has the right to appear and make an
oral impact statement at the juvenile's disposition or sentencing.
If the victim is physically or emotionally unable to make the oral
impact statement, the victim may designate any other person 18
years of age or older who is neither the defendant nor incarcerated
to make the statement on his or her behalf. The other person need
not be an attorney.
(2) Upon request, the victim shall be notified by the
prosecuting attorney, or, pursuant to an agreement under section
48a, the court of the disposition of the juvenile's offense not
more than 30 days after the disposition is made.
(3) Unless the court has determined, in its discretion, that
the juvenile is behaving in a disruptive manner or presents a
threat to the safety of any individuals present in the courtroom,
the juvenile must be physically present in the courtroom at the
time a victim makes an oral impact statement under subsection (1).
In making its determination under this subsection, the court may
consider any relevant statement provided by the victim regarding
the juvenile being physically present during that victim's oral
impact statement. This subsection applies to cases in which the
sentencing of the juvenile occurs on or after the effective date of
the amendatory act that added this subsection.
(4) The 2018 amendatory act that amended this section and
sections 15 and 75 shall be known and may be cited as the "Rebekah
Bletsch law".
Sec. 75. (1) If no presentence report is prepared, the court
shall notify the prosecuting attorney of the date and time of
sentencing at least 10 days prior to the sentencing. The victim has
the right to submit a written impact statement and has the right to
appear and make an oral impact statement at the sentencing of the
defendant. If the victim is physically or emotionally unable to
make the oral impact statement, the victim may designate any other
person 18 years of age or older who is neither the defendant nor
incarcerated to make the statement on his or her behalf. The other
person need not be an attorney. The court shall consider the
victim's statement in imposing sentence on the defendant.
(2) Unless the court has determined, in its discretion, that
the defendant is behaving in a disruptive manner or presents a
threat to the safety of any individuals present in the courtroom,
the defendant must be physically present in the courtroom at the
time a victim makes an oral impact statement under subsection (1).
In making its determination under this subsection, the court may
consider any relevant statement provided by the victim regarding
the defendant being physically present during that victim's oral
impact statement. This subsection applies to cases in which the
sentencing of the defendant occurs on or after the effective date
of the amendatory act that added this subsection.
(3) The 2018 amendatory act that amended this section and
sections 15 and 43 shall be known and may be cited as the "Rebekah
Bletsch law".
