Bill Text: MI HB5638 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure; trial; admissibility of other acts evidence; include human trafficking violations. Amends sec. 27b, ch. VIII of 1927 PA 175 (MCL 768.27b).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-17 - Bill Electronically Reproduced 03/17/2020 [HB5638 Detail]
Download: Michigan-2019-HB5638-Introduced.html
HOUSE BILL NO. 5638
March 12, 2020, Introduced by Reps. Lasinski,
Whiteford, Clemente, Hope, Anthony, Pohutsky, Glenn, Shannon, Hammoud,
Kahle, Afendoulis, Whitsett, Crawford, Alexander, Cambensy, Calley and
Jones and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 27b of chapter VIII (MCL 768.27b), as amended by 2018 PA 372.
the people of the state of michigan enact:
Sec. 27b. (1) Except as provided in subsection (4), in
a criminal action in which the defendant is accused of an offense involving
domestic violence, or sexual assault, or human trafficking, evidence of the
defendant's commission of other acts of domestic violence, or sexual
assault, or human trafficking
is admissible for any purpose for which it is relevant, if it is not otherwise
excluded under Michigan rule of evidence 403.
(2) If the prosecuting
attorney intends to offer evidence under this section, the prosecuting attorney
shall disclose the evidence, including the statements of witnesses or a summary
of the substance of any testimony that is expected to be offered, to the
defendant not less than 15 days before the scheduled date of trial or at a
later time as allowed by the court for good cause shown.
(3) This section does not
limit or preclude the admission or consideration of evidence under any other
statute, including, but not limited to, under section 27a, rule of evidence, or
case law.
(4) Evidence of an act
occurring more than 10 years before the charged offense is inadmissible under
this section unless the court determines that 1 or more of the following apply:
(a) The act was a sexual
assault that was reported to law enforcement within 5 years of the date of the
sexual assault.
(b) The act was a sexual
assault and a sexual assault evidence kit was collected.
(c) The act was a sexual
assault and the testing of evidence connected to the assault resulted in a DNA
identification profile that is associated with the defendant.
(d) Admitting the
evidence is in the interest of justice.
(5) The amendatory act that amended
this subsection does 2018 PA 372 did not alter or in any manner affect
the statutes of limitation for the offenses described in this section.
(6) As used in this
section:
(a) "Domestic
violence" or "offense involving domestic violence" means an
occurrence of 1 or more of the following acts by a person that is not an act of
self-defense:
(i) Causing or attempting to cause physical or mental harm to a
family or household member.
(ii) Placing a family
or household member in fear of physical or mental harm.
(iii) Causing or
attempting to cause a family or household member to engage in involuntary
sexual activity by force, threat of force, or duress.
(iv) Engaging in
activity toward a family or household member that would cause a reasonable
person to feel terrorized, frightened, intimidated, threatened, harassed, or
molested.
(b) "Family or household member" means any of the
following:
(i) A spouse or
former spouse.
(ii) An individual
with whom the person resides or has resided.
(iii) An individual
with whom the person has or has had a child in common.
(iv) An individual
with whom the person has or has had a dating relationship. As used in this
subparagraph, "dating relationship" means frequent, intimate
associations primarily characterized by the expectation of affectional
involvement. This term does not include a casual relationship or an ordinary
fraternization between 2 individuals in a business or social context.
(c) "Human trafficking" means a violation of
chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
(d) (c) "Sexual assault" means a listed offense
as that term is defined in section 2 of the sex offenders registration act,
1994 PA 295, MCL 28.722.
(7) This section applies to trials and evidentiary hearings
commenced or in progress on or after May 1, 2006.
