Bill Text: MI HB6263 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: evidence; admissibility of certain hearsay testimony in certain human trafficking and prostitution prosecutions; provide for.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2020-09-29 - Bill Electronically Reproduced 09/24/2020 [HB6263 Detail]
Download: Michigan-2019-HB6263-Introduced.html
HOUSE BILL NO. 6263
September 24, 2020, Introduced by Reps.
Mueller, Calley, LaGrand, Whiteford, Afendoulis, Brann and Marino and
referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 27c of chapter VIII (MCL 768.27c), as added by 2006 PA 79.
the people of the state of michigan enact:
Sec. 27c. (1) Evidence of a statement by a declarant
is admissible if all of the following apply:
(a) The statement
purports to narrate, describe, or explain the infliction or threat of physical
injury upon the declarant.
(b) The action in which
the evidence is offered under this section is an offense involving domestic
violence, prostitution, or human
trafficking.
(c) The statement was
made at or near the time of the infliction or threat of physical injury.
Evidence of a statement made more than 5 years before the filing of the current
action or proceeding is inadmissible under this section.
(d) The statement was
made under circumstances that would indicate the statement's trustworthiness.
(e) The statement was
made to a law enforcement officer.
(2) For the purpose of
subsection (1)(d), circumstances relevant to the issue of trustworthiness
include, but are not limited to, all of the following:
(a) Whether the statement
was made in contemplation of pending or anticipated litigation in which the
declarant was interested.
(b) Whether the declarant
has a bias or motive for fabricating the statement, and the extent of any bias
or motive.
(c) Whether the statement
is corroborated by evidence other than statements that are admissible only
under this section.
(3) 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.
(4) Nothing in this
section shall be construed to abrogate any privilege conferred by law.
(5) As used in this
section:
(a) "Declarant"
means a person who makes a statement.
(b) "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.
(c) "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.
(d) "Human trafficking" means a violation of
chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to
750.762h.
(e) "Prostitution" means a violation of chapter
LXVII of the Michigan penal code, 1931 PA 328, MCL 750.448 to 750.462.
(6) This section applies to trials and evidentiary hearings
commenced or in progress on or after May 1, 2006.
