Bill Text: MI HB5817 | 2015-2016 | 98th Legislature | Introduced

Michigan House Bill 5817 (Prior Session Legislation)

Introduced

Bill Title: Crime victims; rights; transfer of victim rights under the William Van Regenmorter crime victim's rights act; modify and revise definitions. Amends secs. 2, 2a, 31, 31a, 33a, 61, 61a & 61b of 1985 PA 87 (MCL 780.752 et seq.). TIE BAR WITH: SB 0873'16, SB 0873'16, SB 0874'16, SB 0874'16, SB 0875'16, SB 0875'16, SB 0876'16, SB 0876'16, SB 0877'16, SB 0877'16

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-09-08 - Bill Electronically Reproduced 09/07/2016 [HB5817 Detail]

Download: Michigan-2015-HB5817-Introduced.html

HOUSE BILL No. 5817

September 7, 2016, Introduced by Reps. Hughes and Iden and referred to the Committee on Judiciary.

A bill to amend 1985 PA 87, entitled

"William Van Regenmorter crime victim's rights act,"

by amending sections 2, 2a, 31, 31a, 33a, 61, 61a, and 61b (MCL

780.752, 780.752a, 780.781, 780.781a, 780.783a, 780.811, 780.811a,

and 780.811b), section 2 as amended by 2014 PA 133, sections 2a,

31a, and 61b as added by 2006 PA 461, section 31 as amended by 2014

PA 134, section 33a as added by 1993 PA 341, section 61 as amended

by 2014 PA 130, and section 61a as amended by 2005 PA 184.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) Except as otherwise defined in this article, as

used in this article:

(a) "County juvenile agency" means that term as defined in

section 2 of the county juvenile agency act, 1998 PA 518, MCL

45.622.

(b) "Course of conduct" means all of the following:

(i) Each crime for which the individual is convicted.

(ii) Each criminal charge against the defendant that is

dismissed as part of a plea agreement.

(iii) Each crime for which the defendant could have been

charged by the prosecuting attorney but was not charged.

for which the offender, upon conviction, may be punished by

imprisonment for more than 1 year or an offense expressly

designated by law as a felony.

(d) ~~(c)~~ "Crime victim services commission" means that term as

described in section 2 of 1976 PA 223, MCL 18.352.

(e) ~~(d)~~ "Defendant" means a person charged with, convicted of,

or found not guilty by reason of insanity of committing a crime

against a victim.

(f) ~~(e)~~ "Facility", as used in sections 6, 13a, 19a, and 20

only, and not with reference to a juvenile facility, means that

term as defined in section 100b of the mental health code, 1974 PA

258, MCL 330.1100b.

(g) ~~(f)~~ "Final disposition" means the ultimate termination of

the criminal prosecution of a defendant including, but not limited

to, dismissal, acquittal, or imposition of sentence by the court.

(h) ~~(g)~~ "Juvenile" means a person within the jurisdiction of

the circuit court under section 606 of the revised judicature act

of 1961, 1961 PA 236, MCL 600.606.

(i) ~~(h)~~ "Juvenile facility" means a county facility,

institution operated as an agency of the county or the family

division of circuit court, or an institution or agency described in

the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to

803.309, to which a juvenile has been committed or in which a

juvenile is detained.

(j) ~~(i)~~ "Hospital" means that term as defined in section 100b

of the mental health code, 1974 PA 258, MCL 330.1100b.

(k) ~~(j)~~ "Person" means an individual, organization,

partnership, corporation, or governmental entity.

(l) ~~(k)~~ "Prisoner" means a person who has been convicted and

sentenced to imprisonment or placement in a juvenile facility for

having committed a crime or an act that would be a crime if

committed by an adult against a victim.

(m) (l) "Prosecuting attorney" means the prosecuting attorney

for a county, an assistant prosecuting attorney for a county, the

attorney general, the deputy attorney general, an assistant

attorney general, or a special prosecuting attorney.

(n) ~~(m)~~ "Victim" means any of the following:

(i) An individual who suffers direct or threatened physical,

financial, or emotional harm as a result of the ~~commission of a~~

~~crime,~~ defendant's course of conduct, except as provided in

subparagraph (ii), (iii), or (iv).

(ii) The following individuals other than the defendant if the

victim is deceased:

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of

age or older and sub-subparagraph (A) does not apply.

(B) do not apply.

(D) The guardian or custodian of a child of a deceased victim

if the child is less than 18 years of age and sub-subparagraphs (A)

to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A)

to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs

(A) to (E) do not apply.

(G) An aunt or uncle of the deceased victim if sub-

subparagraphs (A) to (F) do not apply.

(iii) A parent, guardian, or custodian of a victim who is less

than 18 years of age and who is neither the defendant nor

incarcerated, if the parent, guardian, or custodian so chooses. For

the purpose of making an impact statement only, a parent, guardian,

or custodian of a victim who is less than 18 years of age at the

time of the commission of the crime and who is neither the

defendant nor incarcerated, if the parent, guardian, or custodian

so chooses. When the victim reaches 18 years of age, he or she may

choose to exercise on his or her own all applicable victim

privileges and rights. The victim is responsible for notifying the

appropriate authority that he or she is now exercising those

privileges and rights.

(iv) A parent, guardian, or custodian of a victim who is

mentally or emotionally unable to participate in the legal process

if he or she is neither the defendant nor incarcerated.

(2) If a victim as defined in subsection ~~(1)(m)(~~i) (1)(n)(i)

is physically or emotionally unable to exercise the privileges and

rights under this article, the victim may designate his or her

spouse, child 18 years of age or older, parent, sibling,

grandparent, or any other person 18 years of age or older who is

neither the defendant nor incarcerated to act in his or her place

while the physical or emotional disability continues. The victim

shall provide the prosecuting attorney with the name of the person

who is to act in his or her place. During the physical or emotional

disability, notices to be provided under this article to the victim

shall continue to be sent only to the victim.

(3) If a victim as defined in subsection (1)(n)(ii) dies or is

no longer able to exercise the privileges and rights under this

article, the privileges and rights transfer to the next eligible

individual listed in that subparagraph. Any person to whom these

privileges and rights transfer is responsible for notifying the

appropriate authority that he or she is now exercising those

privileges and rights on behalf of a victim who is deceased or is

no longer able to exercise his or her privileges and rights under

this article.

(4) ~~(3)~~ An individual who is charged with a crime arising out

of the same transaction from which the charge against the defendant

arose is not eligible to exercise the privileges and rights

established for victims under this article.

(5) ~~(4)~~ An individual who is incarcerated is not eligible to

exercise the privileges and rights established for victims under

this article except that he or she may submit a written statement

to the court for consideration at sentencing.

Sec. 2a. The duty under this chapter and under section 24 of

article I of the state constitution of 1963 of a court, the

department of corrections, the department of health and human

services, a county sheriff, or a prosecuting attorney to provide a

notice to a victim also applies if the case against the defendant

is resolved by assignment of the defendant to trainee status, by a

delayed sentence or deferred judgment of guilt, or in another way

that is not an acquittal or unconditional dismissal. In performing

a duty under this chapter or under section 24 of article I of the

state constitution of 1963, the court, department of corrections,

department of health and human services, county sheriff, or

prosecuting attorney may furnish information or records to the

victim that would otherwise be closed to public inspection,

including information or records described in section 14 of chapter

II of the code of criminal procedure, 1927 PA 175, MCL 762.14.

Sec. 31. (1) Except as otherwise defined in this article, as

used in this article:

(a) "County juvenile agency" means that term as defined in

section 2 of the county juvenile agency act, 1998 PA 518, MCL

45.622.

(b) "Course of conduct" means all of the following:

(i) Each offense for which the juvenile is adjudicated.

(ii) Each offense charged against the juvenile that is

dismissed as part of a plea agreement.

(iii) Each offense for which the juvenile could have been

charged by the prosecuting attorney but was not charged.

(d) ~~(c)~~ "Crime victim services commission" means that term as

described in section 2 of 1976 PA 223, MCL 18.352.

(e) ~~(d)~~ "Designated case" means a case designated as a case in

which the juvenile is to be tried in the same manner as an adult

under section 2d of chapter XIIA of the probate code of 1939, 1939

PA 288, MCL 712A.2d.

(f) ~~(e)~~ "Juvenile" means an individual alleged or found to be

within the court's jurisdiction under section 2(a)(1) of chapter

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, for an

offense, including, but not limited to, an individual in a

designated case.

(g) ~~(f)~~ "Juvenile facility" means a county facility, an

institution operated as an agency of the county or the court, or an

institution or agency described in the youth rehabilitation

services act, 1974 PA 150, MCL 803.301 to 803.309, to which a

juvenile has been committed or in which a juvenile is detained.

(h) ~~(g)~~ "Offense" means 1 or more of the following:

(i) A violation of a penal law of this state for which a

juvenile offender, if convicted as an adult, may be punished by

imprisonment for more than 1 year or an offense expressly

designated by law as a felony.

(ii) A ~~violation of section 81 (assault and battery, including~~

~~domestic violence), 81a (assault; infliction of serious injury,~~

~~including aggravated domestic violence), 115 (breaking and entering~~

~~or illegal entry), 136b(7) (child abuse in the fourth degree), 145~~

~~(contributing to the neglect or delinquency of a minor), 145d~~

~~(using the internet or a computer to make a prohibited~~

~~communication), 233 (intentionally aiming a firearm without~~

~~malice), 234 (discharge of a firearm intentionally aimed at a~~

~~person), 235 (discharge of an intentionally aimed firearm resulting~~

~~in injury), 335a (indecent exposure), or 411h (stalking) of the~~

~~Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.115,~~

~~750.136b, 750.145, 750.145d, 750.233, 750.234, 750.235, 750.335a,~~

~~and 750.411h.~~serious misdemeanor as defined in section 61.

(iii) A violation of section 601b(2) (injuring a worker in a

work zone) or 617a (leaving the scene of a personal injury

accident) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b

and 257.617a, or a violation of section 625 (operating a vehicle

while under the influence of or impaired by intoxicating liquor or

a controlled substance, or with unlawful blood alcohol content) of

that act, MCL 257.625, if the violation involves an accident

resulting in damage to another individual's property or physical

injury or death to another individual.

(iv) Selling or furnishing alcoholic liquor to an individual

less than 21 years of age in violation of section 33 of the former

1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in

physical injury or death to any individual.

(v) A violation of section 80176(1) or (3) (operating a vessel

while under the influence of or impaired by intoxicating liquor or

a controlled substance, or with unlawful blood alcohol content) of

the natural resources and environmental protection act, 1994 PA

451, MCL 324.80176, if the violation involves an accident resulting

in damage to another individual's property or physical injury or

death to any individual.

(vi) A violation of a local ordinance substantially

corresponding to a law enumerated in subparagraphs (i) to (v).

(vii) A violation described in subparagraphs (i) to (vi) that

is subsequently reduced to a violation not included in

subparagraphs (i) to (vi).

(i) ~~(h)~~ "Person" means an individual, organization,

partnership, corporation, or governmental entity.

(j) ~~(i)~~ "Prosecuting attorney" means the prosecuting attorney

for a county, an assistant prosecuting attorney for a county, the

attorney general, the deputy attorney general, an assistant

attorney general, a special prosecuting attorney, or, in connection

with the prosecution of an ordinance violation, an attorney for the

political subdivision that enacted the ordinance upon which the

violation is based.

(k) ~~(j)~~ "Victim" means any of the following:

(i) ~~A person~~ An individual who suffers direct or threatened

physical, financial, or emotional harm as a result of the

~~commission of an offense,~~ juvenile's course of conduct, except as

provided in subparagraph (ii), (iii), or (iv).

(ii) The following individuals other than the juvenile if the

victim is deceased:

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of

age or older and sub-subparagraph (A) does not apply.

(B) do not apply.

(D) The guardian or custodian of a child of a deceased victim

if the child is less than 18 years of age and sub-subparagraphs (A)

to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A)

to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs

(A) to (E) do not apply.

(G) An uncle or aunt of the deceased victim if sub-

subparagraphs (A) to (F) do not apply.

(iii) A parent, guardian, or custodian of a victim who is less

than 18 years of age and who is neither the ~~defendant~~ juvenile

offender nor incarcerated, if the parent, guardian, or custodian so

chooses. For the purpose of making an impact statement only, a

parent, guardian, or custodian of a victim who is less than 18

years of age at the time of the commission of the ~~crime~~ offense and

who is neither the ~~defendant~~ juvenile offender nor incarcerated, if

the parent, guardian, or custodian so chooses. When the victim

reaches 18 years of age, he or she may choose to exercise on his or

her own all applicable victim privileges and rights. The victim is

responsible for notifying the appropriate authority that he or she

is now exercising those privileges and rights.

(iv) A parent, guardian, or custodian of a victim who is

mentally or emotionally unable to participate in the legal process

if he or she is neither the ~~defendant~~ juvenile offender nor

incarcerated.

(2) If a victim as defined in subsection ~~(1)(j)(~~i) (1)(k)(i)

is physically or emotionally unable to exercise the privileges and

rights under this article, the victim may designate his or her

spouse, child 18 years of age or older, parent, sibling,

grandparent, or any other person 18 years of age or older who is

neither the ~~defendant~~ juvenile offender nor incarcerated to act in

his or her place while the physical or emotional disability

continues. The victim shall provide the prosecuting attorney with

the name of the person who is to act in his or her place. During

the physical or emotional disability, notices to be provided under

this article to the victim shall continue to be sent only to the

victim.

(3) An individual who is charged with an offense arising out

of the same transaction from which the charge against the ~~defendant~~

juvenile arose is not eligible to exercise the privileges and

rights established for victims under this article.

Sec. 31a. The duty under this chapter and under section 24 of

article I of the state constitution of 1963 of a court, the

department of corrections, the department of health and human

services, a county sheriff, or a prosecuting attorney to provide a

notice to a victim also applies if the case against the ~~defendant~~

juvenile is resolved by assignment of the ~~defendant~~ juvenile to

trainee status, by a delayed sentence or deferred judgment of

guilt, or in another way that is not an acquittal or unconditional

dismissal. In performing a duty under this chapter or under section

24 of article I of the state constitution of 1963, the court,

department of corrections, department of health and human services,

county sheriff, or prosecuting attorney may furnish information or

records to the victim that would otherwise be closed to public

inspection, including information or records described in section

14 of chapter II of the code of criminal procedure, 1927 PA 175,

MCL 762.14.

Sec. 33a. The investigating agency or prosecuting attorney

that files a complaint or submits a petition seeking to invoke the

court's jurisdiction for a juvenile offense described in section

~~31(1)(d)(~~~~iii~~~~), (~~iv~~), or (~~v), 31(1)(h)(iii), (iv), or (v), or a

local ordinance substantially corresponding to a juvenile offense

described in section ~~31(1)(d)(~~~~iii~~~~), (~~iv~~), or (~~v), 31(1)(h)(iii),

(iv), or (v), shall place a statement on the complaint or petition

that the offense resulted in damage to another individual's

property or physical injury or death to another individual.

Sec. 61. (1) Except as otherwise defined in this article, as

used in this article:

~~(a) "Serious misdemeanor" means 1 or more of the following:~~

(i~~) A violation of section 81 of the Michigan penal code, 1931~~

~~PA 328, MCL 750.81, assault and battery, including domestic~~

~~violence.~~

(ii~~) A violation of section 81a of the Michigan penal code,~~

~~1931 PA 328, MCL 750.81a, assault; infliction of serious injury,~~

~~including aggravated domestic violence.~~

(~~iii~~~~) A violation of section 115 of the Michigan penal code,~~

~~1931 PA 328, MCL 750.115, breaking and entering or illegal entry.~~

(iv~~) A violation of section 136b(7) of the Michigan penal~~

~~code, 1931 PA 328, MCL 750.136b, child abuse in the fourth degree.~~

(v~~) A violation of section 145 of the Michigan penal code,~~

~~1931 PA 328, MCL 750.145, contributing to the neglect or~~

~~delinquency of a minor.~~

(vi~~) A misdemeanor violation of section 145d of the Michigan~~

~~penal code, 1931 PA 328, MCL 750.145d, using the internet or a~~

~~computer to make a prohibited communication.~~

(~~vii~~~~) A violation of section 233 of the Michigan penal code,~~

~~1931 PA 328, MCL 750.233, intentionally aiming a firearm without~~

~~malice.~~

(~~viii~~~~) A violation of section 234 of the Michigan penal code,~~

~~1931 PA 328, MCL 750.234, discharge of a firearm intentionally~~

~~aimed at a person.~~

(ix~~) A violation of section 235 of the Michigan penal code,~~

~~1931 PA 328, MCL 750.235, discharge of an intentionally aimed~~

~~firearm resulting in injury.~~

(x~~) A violation of section 335a of the Michigan penal code,~~

~~1931 PA 328, MCL 750.335a, indecent exposure.~~

(xi~~) A violation of section 411h of the Michigan penal code,~~

~~1931 PA 328, MCL 750.411h, stalking.~~

(~~xii~~~~) A violation of section 601b(2) of the Michigan vehicle~~

~~code, 1949 PA 300, MCL 257.601b, injuring a worker in a work zone.~~

(~~xiii~~~~) A violation of section 617a of the Michigan vehicle~~

~~code, 1949 PA 300, MCL 257.617a, leaving the scene of a personal~~

~~injury accident.~~

(~~xiv~~~~) A violation of section 625 of the Michigan vehicle code,~~

~~1949 PA 300, MCL 257.625, operating a vehicle while under the~~

~~influence of or impaired by intoxicating liquor or a controlled~~

~~substance, or with an unlawful blood alcohol content, if the~~

~~violation involves an accident resulting in damage to another~~

~~individual's property or physical injury or death to another~~

~~individual.~~

(xv~~) Selling or furnishing alcoholic liquor to an individual~~

~~less than 21 years of age in violation of section 701 of the~~

~~Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701, if~~

~~the violation results in physical injury or death to any~~

~~individual.~~

(~~xvi~~~~) A violation of section 80176(1) or (3) of the natural~~

~~resources and environmental protection act, 1994 PA 451, MCL~~

~~324.80176, operating a vessel while under the influence of or~~

~~impaired by intoxicating liquor or a controlled substance, or with~~

~~an unlawful blood alcohol content, if the violation involves an~~

~~accident resulting in damage to another individual's property or~~

~~physical injury or death to any individual.~~

(~~xvii~~~~) A violation of a local ordinance substantially~~

~~corresponding to a violation enumerated in subparagraphs (~~i~~) to~~

(~~xvi~~).

(~~xviii~~~~) A violation charged as a crime or serious misdemeanor~~

~~enumerated in subparagraphs (~~i~~) to (~~~~xvii~~~~) but subsequently reduced~~

~~to or pleaded to as a misdemeanor. As used in this subparagraph,~~

~~"crime" means that term as defined in section 2.~~

(a) "Course of conduct" means all of the following:

(i) Each crime for which the individual is convicted.

(ii) Each criminal charge against the defendant that is

dismissed as part of a plea agreement.

(iii) Each crime for which the defendant could have been

charged by the prosecuting attorney but was not charged.

(b) "Crime victim services commission" means that term as

described in section 2 of 1976 PA 223, MCL 18.352.

having committed a serious misdemeanor against a victim.

(d) "Final disposition" means the ultimate termination of the

criminal prosecution of a defendant including, but not limited to,

dismissal, acquittal, or imposition of a sentence by the court.

(e) "Person" means an individual, organization, partnership,

corporation, or governmental entity.

(f) "Prisoner" means a person who has been convicted and

sentenced to imprisonment for having committed a serious

misdemeanor against a victim.

(g) "Prosecuting attorney" means the prosecuting attorney for

a county, an assistant prosecuting attorney for a county, the

attorney general, the deputy attorney general, an assistant

attorney general, a special prosecuting attorney, or, in connection

with the prosecution of an ordinance violation, an attorney for the

political subdivision that enacted the ordinance upon which the

violation is based.

(h) "Serious misdemeanor" means 1 or more of the following:

(i) A violation of section 81 of the Michigan penal code, 1931

PA 328, MCL 750.81, assault and battery, including domestic

violence.

(ii) A violation of section 81a of the Michigan penal code,

1931 PA 328, MCL 750.81a, assault; infliction of serious injury,

including aggravated domestic violence.

(iii) A violation of section 81c(1) of the Michigan penal

code, MCL 750.81c, threats or assault against an employee of the

department of health and human services.

(iv) A violation of section 115 of the Michigan penal code,

1931 PA 328, MCL 750.115, breaking and entering or illegal entry.

(v) A violation of section 136b(7) of the Michigan penal code,

1931 PA 328, MCL 750.136b, child abuse in the fourth degree.

(vi) A violation of section 145 of the Michigan penal code,

1931 PA 328, MCL 750.145, contributing to the neglect or

delinquency of a minor.

(vii) A misdemeanor violation of section 145d of the Michigan

penal code, 1931 PA 328, MCL 750.145d, using the internet or a

computer to make a prohibited communication.

(viii) A misdemeanor violation of chapter XXXI of the Michigan

penal code, 1931 PA 328, MCL 750.174 to 750.182a, embezzlement.

(ix) A misdemeanor violation of chapter XXXVI of the Michigan

penal code, 1931 PA 328, MCL 750.218 to 750.221, false pretenses

with intent to defraud.

(x) A violation of section 233 of the Michigan penal code,

1931 PA 328, MCL 750.233, intentionally aiming a firearm without

malice.

(xi) A violation of section 234 of the Michigan penal code,

1931 PA 328, MCL 750.234, discharge of a firearm intentionally

aimed at a person.

(xii) A violation of section 235 of the Michigan penal code,

1931 PA 328, MCL 750.235, discharge of an intentionally aimed

firearm resulting in injury.

(xiii) A violation of section 335a of the Michigan penal code,

1931 PA 328, MCL 750.335a, indecent exposure.

(xiv) A misdemeanor violation of chapter LVI of the Michigan

penal code, 1931 PA 328, MCL 750.377a to 750.395, malicious and

willful mischief and destruction.

(xv) A misdemeanor violation of section 411h of the Michigan

penal code, 1931 PA 328, MCL 750.411h, stalking.

(xvi) A violation of section 601b(2) of the Michigan vehicle

code, 1949 PA 300, MCL 257.601b, injuring a worker in a work zone.

(xvii) A violation of section 601d of the Michigan vehicle

code, 1949 PA 300, MCL 257.601d, moving violation causing death or

serious injury.

(xviii) A violation of section 617a of the Michigan vehicle

code, 1949 PA 300, MCL 257.617a, leaving the scene of a personal

injury accident.

(xix) A violation of section 625 of the Michigan vehicle code,

1949 PA 300, MCL 257.625, operating a vehicle while under the

influence of or impaired by intoxicating liquor or a controlled

substance, or with an unlawful blood alcohol content, if the

violation involves an accident resulting in damage to another

individual's property or physical injury or death to another

individual.

(xx) Selling or furnishing alcoholic liquor to an individual

less than 21 years of age in violation of section 701 of the

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701, if

the violation results in physical injury or death to any

individual.

(xxi) A violation of section 80176(1) or (3) of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.80176, operating a vessel while under the influence of or

impaired by intoxicating liquor or a controlled substance, or with

an unlawful blood alcohol content, if the violation involves an

accident resulting in damage to another individual's property or

physical injury or death to any individual.

(xxii) A violation of a local ordinance substantially

corresponding to a violation enumerated in subparagraphs (i) to

(xxi).

(xxiii) A violation charged as a crime or serious misdemeanor

enumerated in subparagraphs (i) to (xxii) but subsequently reduced

to or pleaded to as a misdemeanor. As used in this subparagraph,

"crime" means that term as defined in section 2.

(i) ~~(h)~~ "Victim" means any of the following:

(i) An individual who suffers direct or threatened physical,

financial, or emotional harm as a result of the ~~commission of a~~

~~serious misdemeanor,~~ defendant's course of conduct, except as

provided in subparagraph (ii), (iii), or (iv).

(ii) The following individuals other than the defendant if the

victim is deceased:

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of

age or older and sub-subparagraph (A) does not apply.

(B) do not apply.

(D) The guardian or custodian of a child of a deceased victim

if the child is less than 18 years of age and sub-subparagraphs (A)

to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A)

to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs

(A) to (E) do not apply.

(G) An uncle or aunt of the deceased if sub-subparagraphs (A)

to (F) do not apply.

(iii) A parent, guardian, or custodian of a victim who is less

than 18 years of age and who is neither the defendant nor

incarcerated, if the parent, guardian, or custodian so chooses. For

the purpose of making an impact statement only, a parent, guardian,

or custodian of a victim who is less than 18 years of age at the

time of the commission of the crime and who is neither the

defendant nor incarcerated, if the parent, guardian, or custodian

so chooses. When the victim reaches 18 years of age, he or she may

choose to exercise on his or her own all applicable victim

privileges and rights. The victim is responsible for notifying the

appropriate authority that he or she is now exercising those

privileges and rights.

(iv) A parent, guardian, or custodian of a victim who is so

mentally incapacitated that he or she cannot meaningfully

understand or participate in the legal process if he or she is not

the defendant and is not incarcerated.

(2) If a victim as defined in subsection (1)(i)(ii) dies or is

no longer able to exercise the privileges and rights under this

article, the privileges and rights transfer to the next eligible

individual listed in that subparagraph. Any person to whom these

privileges and rights transfer is responsible for notifying the

appropriate authority that he or she is now exercising those

privileges and rights on behalf of a victim who is deceased or is

no longer able to exercise his or her privileges and rights under

this article.

(3) ~~(2)~~ If a victim as defined in subsection ~~(1)(h)(~~i)

(1)(i)(i) is physically or emotionally unable to exercise the

privileges and rights under this article, the victim may designate

his or her spouse, child 18 years of age or older, parent, sibling,

or grandparent or any other person 18 years of age or older who is

neither the defendant nor incarcerated to act in his or her place

while the physical or emotional disability continues. The victim

shall provide the prosecuting attorney with the name of the person

who is to act in place of the victim. During the physical or

emotional disability, notices to be provided under this article to

the victim shall continue to be sent only to the victim.

(4) ~~(3)~~ An individual who is charged with a serious

misdemeanor, a crime as defined in section 2, or an offense as

defined in section 31 arising out of the same transaction from

which the charge against the defendant arose is not eligible to

exercise the privileges and rights established for victims under

this article.

(5) ~~(4)~~ An individual who is incarcerated is not eligible to

exercise the privileges and rights established for victims under

this article except that he or she may submit a written statement

to the court for consideration at sentencing.

Sec. 61a. A law enforcement officer or prosecuting attorney

who files with the court a complaint, appearance ticket, traffic

citation, or other charging instrument regarding a serious

misdemeanor described in section ~~61(1)(a)(~~xv~~), (~~~~xvi~~~~), or (~~~~xvii~~),

61(1)(h)(xx), (xxi), or (xxii), or a local ordinance substantially

corresponding to a serious misdemeanor described in section

~~61(1)(a)(~~xv~~), (~~~~xvi~~~~), or (~~~~xvii~~), 61(1)(h)(xx), (xxi), or (xxii),

shall place a statement on the complaint, appearance ticket,

traffic citation, or other charging instrument that the offense

resulted in damage to another individual's property or physical

injury or death to another individual.

Sec. 61b. The duty under this chapter and under section 24 of