Bill Text: MI SB0817 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: trial; qualifications of expert witnesses in human trafficking cases; modify. Amends sec. 462g of 1931 PA 328 (MCL 750.462g).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-04 - Referred To Committee On Judiciary And Public Safety [SB0817 Detail]
Download: Michigan-2019-SB0817-Introduced.html
SENATE BILL NO. 817
March 04, 2020, Introduced by Senators
VANDERWALL, WOJNO, CHANG, MACGREGOR, BULLOCK, MACDONALD, SANTANA, POLEHANKI
and JOHNSON and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 462g (MCL 750.462g), as amended by 2017 PA 53.
the people of the state of michigan enact:
Sec. 462g. (1) The testimony of a victim is not
required in a prosecution under this chapter. However, if a victim testifies,
that testimony need not be corroborated.
(2) Expert testimony as to the
behavioral patterns of human trafficking victims and the manner in which a
human trafficking victim's behavior may deviate from societal expectations is
admissible as evidence in court in a prosecution under this chapter if the
expert testimony is otherwise admissible under the rules of evidence and laws
of this state.In a prosecution
under this chapter, a witness may be qualified by the court as an expert if the
witness has specialized knowledge beyond that possessed by the average
layperson based on the witness' experience with, or specialized training or
education in, criminal justice, behavioral sciences, or victim services issues
related to human trafficking that will assist the trier of fact in
understanding the dynamics of human trafficking, victim response to human
trafficking, and the impact of human trafficking on victims during and after
victimization.
(3) If qualified as an expert under subsection (2), a witness may testify to the facts of the matter and provide his or her opinion regarding specific types of victim responses and victim behaviors.
(4) The opinion of a witness who has been qualified under subsection (2) regarding the credibility of any other witness, including the victim, is not admissible.
(5) A witness who has been qualified under subsection (2) may be called to testify as an expert as provided in this section by either the prosecution or the defense.
