Bill Text: MI SB0750 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Crime victims; other; definition of a victim; include parents in certain circumstances. Amends sec. 61 of 1985 PA 87 (MCL 780.811).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-02-12 - Referred To Committee On Judiciary [SB0750 Detail]
Download: Michigan-2013-SB0750-Introduced.html
SENATE BILL No. 750
January 30, 2014, Introduced by Senator SCHUITMAKER 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 section 61 (MCL 780.811), as amended by 2009 PA 28.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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(6) 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 238, 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.
(b) "Crime victim services commission" means that term as
described in section 2 of 1976 PA 223, MCL 18.352.
(c) "Defendant" means a person charged with or convicted of
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) "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, 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.
(C) A parent of a deceased victim if sub-subparagraphs (A) and
(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.
(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.
(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)(h)(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.
(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.
(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.
Enacting section 1. This amendatory act takes effect July 1,
2014.
