Bill Text: MI HB5767 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Criminal procedure: evidence; admissibility of evidence of a defendant's past actions involving grooming of the alleged victim for the purpose of demonstrating lack of consent; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 27d to ch. VIII.
Spectrum: Partisan Bill (Democrat 36-0)
Status: (Introduced - Dead) 2022-02-22 - Bill Electronically Reproduced 02/17/2022 [HB5767 Detail]
Download: Michigan-2021-HB5767-Introduced.html
HOUSE BILL NO. 5767
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 27d to chapter VIII.
the people of the state of michigan enact:
Sec. 27d. (1) In a criminal action in which the defendant is accused of an offense involving a violation of chapter LXXVI of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520o, evidence of the defendant's past actions involving the grooming of the victim is admissible for the purpose of demonstrating that the victim did not consent to the sexual penetration or sexual contact.
(2) This section applies to prosecutions commenced on or after the effective date of the amendatory act that added this section.
(3) As used in this section:
(a) "Grooming" means a pattern of behavior by an individual with either authority or influence, through age or other means, who engaged in a course of behavior designed to normalize unwanted sexual advances or contact.
(b) "Sexual contact" means that term as defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750.520a.
(c) "Sexual penetration" means that term as defined in section 520a of the Michigan penal code, 1931 PA 328, MCL 750.520a.
