Bill Text: MI SB0876 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crime victims; notices; early discharge from probation under the William Van Regenmorter crime victim's rights act; modify notification procedures. Amends secs. 18b, 45a & 77b of 1985 PA 87 (MCL 780.768b et seq.). TIE BAR WITH: SB 0873'16, SB 0874'16, SB 0875'16, SB 0877'16
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2016-04-12 - Referred To Committee On Judiciary [SB0876 Detail]
Download: Michigan-2015-SB0876-Introduced.html
SENATE BILL No. 876
April 12, 2016, Introduced by Senators O'BRIEN, JONES, SCHUITMAKER and HORN 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 18b, 45a, and 77b (MCL 780.768b, 780.795a, and
780.827b), as added by 2006 PA 461.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
18b. (1) If a defendant is sentenced to probation with a
condition
for the protection of the victim and if requested by the
victim,
the court shall notify the victim by mail if the court
orders
that the probation be terminated earlier than previously
ordered.Before ruling on a petition for early
termination of
probation, the court shall notify by mail a victim of the
defendant's course of conduct if the petition concerns any of the
following:
(a) A defendant whose probation includes a condition for the
protection of the victim.
(b) A defendant who has not fully paid an order of
restitution.
(c) A defendant who is the subject of a personal protection
order listing the victim as a protected party.
(2) The notice under subsection (1) shall be given 14 or more
days before a hearing on the petition and shall indicate that the
victim has a right to submit to the court a statement objecting to
the early discharge from probation, based on concern for personal
safety or concern about satisfaction of the restitution order.
(3) If a defendant is sentenced to probation and the probation
officer petitions the court to have the defendant discharged from
probation earlier than previously ordered, the court shall notify
the prosecuting attorney by mail at least 14 days before the
defendant is discharged.
Sec.
45a. (1) If a juvenile is sentenced to probation with a
condition
for the protection of the victim and if requested by the
victim,
the court shall notify the victim by mail if the court
orders
that the probation be terminated earlier than previously
ordered.Before ruling on a petition for early
termination of
probation, the court shall notify by mail a victim of the
juvenile's course of conduct if the petition concerns any of the
following:
(a) A juvenile whose probation includes a condition for the
protection of the victim.
(b) A juvenile who has not fully paid an order of restitution.
(c) A juvenile who is the subject of a personal protection
order listing the victim as a protected party.
(2) The notice under subsection (1) shall be given 14 or more
days before a hearing on the petition and shall indicate that the
victim has a right to submit to the court a statement objecting to
the early discharge from probation, based on concern for personal
safety or concern about satisfaction of the restitution order.
Sec.
77b. (1) If a defendant is sentenced to probation with a
condition
for the protection of the victim and if requested by the
victim,
the court shall notify the victim by mail if the court
orders
that the probation be terminated earlier than previously
ordered.Before ruling on a petition for early
termination of
probation, the court shall notify by mail or email a victim of the
defendant's course of conduct if the petition concerns any of the
following:
(a) A defendant whose probation includes a condition for the
protection of the victim.
(b) A defendant who has not fully paid an order of
restitution.
(c) A defendant who is the subject of a personal protection
order listing the victim as a protected party.
(2) The notice under subsection (1) shall be given 14 or more
days before a hearing on the petition and shall indicate that the
victim has a right to submit to the court a statement objecting to
the early discharge from probation, based on concern for personal
safety or concern about satisfaction of the restitution order.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 873.
(b) Senate Bill No. 874.
(c) Senate Bill No. 875.
(d) Senate Bill No.____ or House Bill No.____ (request no.
01052'15).
(e) Senate Bill No.____ or House Bill No.____ (request no.
01053'15).
(f) Senate Bill No. 877.
