Bill Text: MI SB0877 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crime victims; notices; electronic notices and privacy of communication; provide for. Amends secs. 6, 7, 8, 36, 37, 38, 65, 66, 67 & 68 of 1985 PA 87 (MCL 780.756 et seq.). TIE BAR WITH: SB 0873'16, SB 0874'16, SB 0875'16, SB 0876'16
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2016-04-12 - Referred To Committee On Judiciary [SB0877 Detail]
Download: Michigan-2015-SB0877-Introduced.html
SENATE BILL No. 877
April 12, 2016, Introduced by Senators KNOLLENBERG, 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 6, 7, 8, 36, 37, 38, 65, 66, 67, and 68 (MCL
780.756, 780.757, 780.758, 780.786, 780.787, 780.788, 780.815,
780.816, 780.817, and 780.818), sections 6 and 65 as amended by
2005 PA 184, sections 8, 38, and 68 as amended by 2012 PA 457,
sections 36 and 66 as amended by 2000 PA 503, section 37 as added
by 1988 PA 22, and section 67 as added by 1988 PA 21.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Not later than 7 days after the defendant's
arraignment
for a crime, but and not less than 24 hours before the
date set under section 4 of chapter VI of the code of criminal
procedure, 1927 PA 175, MCL 766.4, for the earlier of a probable
cause conference or a preliminary examination, the prosecuting
attorney shall give to each victim a written notice in plain
English of each of the following:
(a) A brief statement of the procedural steps in the
processing of a criminal case.
(b) A specific list of the rights and procedures under this
article.
(c) A convenient means for the victim to notify the
prosecuting attorney that the victim chooses to exercise his or her
rights under this article.
(d) Details and eligibility requirements for compensation from
the crime victim services commission under 1976 PA 223, MCL 18.351
to 18.368.
(e) Suggested procedures if the victim is subjected to threats
or intimidation.
(f) The person to contact for further information.
(2) If the victim requests, the prosecuting attorney shall
give the victim notice of any scheduled court proceedings and any
changes in that schedule.
(3) Before finalizing any negotiation that may result in a
dismissal, plea or sentence bargain, or pretrial diversion, the
prosecuting attorney shall offer the victim the opportunity to
consult with the prosecuting attorney to obtain the victim's views
about the disposition of the prosecution for the crime, including
the victim's views about dismissal, plea or sentence negotiations,
and pretrial diversion programs.
(4) A victim who receives a notice under subsection (1) and
who chooses to receive any notice or exercise any right under this
article shall keep the following persons informed of the victim's
current address, electronic mail or texting address, and telephone
number:
(a) The prosecuting attorney, until final disposition or
completion of the appellate process, whichever occurs later.
(b) The department of corrections or the sheriff, as the
prosecuting attorney directs, if the defendant is imprisoned.
(c) The department of health and human services or county
juvenile agency, as the prosecuting attorney directs, if the
defendant is held in a juvenile facility.
(d) The hospital or facility, as the prosecuting attorney
directs, if the defendant is hospitalized in or admitted to a
hospital or a facility.
Sec. 7. The court shall provide a waiting area for the victim
separate from the defendant, defendant's relatives, defendant's
supporters, and defense witnesses if such an area is available and
the use of the area is practical. If a separate waiting area is not
available or practical, the court shall provide other safeguards to
minimize the victim's contact with defendant, defendant's
relatives, defendant's supporters, and defense witnesses during
court proceedings.
Sec. 8. (1) Based upon the victim's reasonable apprehension of
acts or threats of physical violence or intimidation by the
defendant or at defendant's direction against the victim or the
victim's immediate family, the prosecuting attorney may move that
the victim or any other witness not be compelled to testify at
pretrial proceedings or at trial for purposes of identifying the
victim as to the victim's address, place of employment, or other
personal identification without the victim's consent. A hearing on
the motion shall be in camera.
(2)
The name, work address, and address of the a victim
shall
not
be in the court file or ordinary court documents are
confidential and shall not be open to public inspection unless
contained
in a transcript of the trial or it is used to identify
the
place of the crime. The work telephone number, and home
telephone number, cellular telephone number, and electronic mail or
texting
address of the a victim
shall not be in the court file or
ordinary
court documents are
confidential and shall not be open to
public inspection except as contained in a transcript of the trial.
(3) Under section 24 of article I of the state constitution of
1963, guaranteeing to crime victims the right to be treated with
respect for their dignity and privacy, all of the following
information and visual representations of a victim are exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246:
(a) The name, home address, home telephone number, cellular
telephone number, electronic mail or texting address, work address,
and
work telephone number of the victim. unless the However, an
address may be disclosed if it is used to identify the place of the
crime.
(b) A picture, photograph, drawing, or other visual
representation, including any film, videotape, or digitally stored
image of the victim.
(c) The following information concerning a victim of child
abuse, criminal sexual conduct, assault with intent to commit
criminal sexual conduct, or a similar crime who was less than 18
years of age when the crime was committed:
(i) The victim's name and address.
(ii) The name and address of an immediate family member or
relative of the victim, who has the same surname as the victim,
other than the name and address of the accused.
(iii) Any other information that would tend to reveal the
identity of the victim, including a reference to the victim's
familial or other relationship to the accused.
(4) Subsection (3) does not preclude the release of
information to a victim advocacy organization or agency for the
purpose of providing victim services.
Sec. 36. (1) The court shall accept a petition submitted by a
prosecuting attorney that seeks to invoke the court's jurisdiction
for a juvenile offense, unless the court finds on the record that
the petitioner's allegations are insufficient to support a claim of
jurisdiction under section 2(a)(1) of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.2.
(2) Within 72 hours after the prosecuting attorney files or
submits a petition seeking to invoke the court's jurisdiction for
an offense, the prosecuting attorney, or the court pursuant to an
agreement under section 48a, shall give to each victim a written
notice in plain English of each of the following:
(a) A brief statement of the procedural steps in processing a
juvenile case, including the fact that a juvenile may be tried in
the same manner as an adult in a designated case or waived to the
court of general criminal jurisdiction.
(b) A specific list of the rights and procedures under this
article.
(c) A convenient means for the victim to notify the
prosecuting attorney that the victim chooses to exercise his or her
rights under this article.
(d) Details and eligibility requirements for compensation from
the crime victim services commission under 1976 PA 223, MCL 18.351
to 18.368.
(e) Suggested procedures if the victim is subjected to threats
or intimidation.
(f) The person to contact for further information.
(3) If the victim requests, the prosecuting attorney, or the
court pursuant to an agreement under section 48a, shall give the
victim notice of any scheduled court proceedings and any changes in
that schedule.
(4) If the juvenile has not already entered a plea of
admission or no contest to the original charge at the preliminary
hearing, the prosecuting attorney shall offer the victim the
opportunity to consult with the prosecuting attorney to obtain the
victim's views about the disposition of the offense, including the
victim's views about dismissal, waiver, and pretrial diversion
programs, before finalizing any agreement to reduce the original
charge.
(5) A victim who receives a notice under subsection (1) and
chooses to receive any notice or exercise any right under this
article shall keep the following persons informed of the victim's
current address, electronic mail or texting address, and telephone
number:
(a) The prosecuting attorney, or the court if an agreement
under section 48a exists.
(b)
If the juvenile is made a public ward, the family
independence
agency department of health
and human services or
county juvenile agency, as applicable.
(c) If the juvenile is imprisoned, the department of
corrections or the sheriff as directed by the prosecuting attorney.
Sec. 37. The court shall provide a waiting area for the victim
separate from the juvenile, the juvenile's relatives, and the
juvenile's witnesses if such an area is available and the use of
the area is practical. If a separate waiting area is not available
or practical, the court shall provide other safeguards to minimize
the victim's contact with the juvenile, the juvenile's relatives,
the juvenile's supporters, and the juvenile's witnesses during
court proceedings.
Sec. 38. (1) Based upon the victim's reasonable apprehension
of acts or threats of physical violence or intimidation by the
juvenile or at the juvenile's direction against the victim or the
victim's immediate family, the prosecuting attorney may move or, in
the absence of a prosecuting attorney, the victim may request that
the victim or any other witness not be compelled to testify at any
court hearing for purposes of identifying the victim as to the
victim's address, place of employment, or other personal
identification without the victim's consent. A hearing on the
motion shall be in camera.
(2) The name, work address, and address of a victim are
confidential and shall not be open to the public unless they are
contained in a transcript of the trial or they are used to identify
the place of the offense. The work telephone number, the home
telephone number, the cellular telephone number, and the electronic
mail or texting address of a victim are confidential and shall not
be open to the public except as contained in a transcript of the
trial.
(3) (2)
Under section 24 of article I of
the state
constitution of 1963, guaranteeing to crime victims the right to be
treated with respect for their dignity and privacy, all of the
following information and visual representations of a victim are
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246:
(a) The name, home address, home telephone number, cellular
telephone number, electronic mail or texting address, work address,
and work telephone number of the victim.
(b) A picture, photograph, drawing, or other visual
representation, including any film, videotape, or digitally stored
image of the victim.
(c) The following information concerning a victim of child
abuse, criminal sexual conduct, assault with intent to commit
criminal
sexual conduct, or a similar crime offense who was less
than
18 years of age when the crime offense
was committed:
(i) The victim's name and address.
(ii) The name and address of an immediate family member or
relative of the victim, who has the same surname as the victim,
other than the name and address of the accused.
(iii) Any other information that would tend to reveal the
identity of the victim, including a reference to the victim's
familial or other relationship to the accused.
(4) (3)
Subsection (2) (3) does
not preclude the release of
information to a victim advocacy organization or agency for the
purpose of providing victim services.
Sec. 65. Not later than 72 hours after the arrest of the
defendant for a serious misdemeanor, the law enforcement agency
having responsibility for investigating the serious misdemeanor
shall give to the victim notice of the availability of pretrial
release for the defendant, the phone number of the sheriff, and
notice that the victim may contact the sheriff to determine whether
the defendant has been released from custody. The law enforcement
agency having responsibility for investigating the crime shall
promptly notify the victim of the arrest or pretrial release of the
defendant, or both, if the victim requests or has requested that
information. If the defendant is released from custody by the
sheriff, the sheriff shall notify the law enforcement agency having
responsibility for investigating the crime. Contact information
provided by a victim under this section is confidential and shall
not be open to public inspection and is exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
Sec. 66. (1) If a plea of guilty or nolo contendere is
accepted by the court at the time of the arraignment of the
defendant for a serious misdemeanor, the court shall notify the
prosecuting attorney of the plea and the date of sentencing within
48 hours after the arraignment. If no guilty or nolo contendere
plea is accepted at the arraignment and further proceedings will be
scheduled, the court shall so notify the prosecuting attorney
within 48 hours after the arraignment. A notice to the prosecuting
attorney under this subsection shall be on a separate form and
shall
include the name, address, and telephone number of the a
victim. The notice shall not be a matter of public record. Within
48 hours after receiving this notice, the prosecuting attorney
shall give to each victim a written notice in plain English of each
of the following:
(a) A brief statement of the procedural steps in the
processing of a misdemeanor case, including pretrial conferences.
(b) A specific list of the rights and procedures under this
article.
(c) A convenient means for the victim to notify the
prosecuting attorney that the victim chooses to exercise his or her
rights under this article.
(d) Details and eligibility requirements for compensation from
the crime victim services commission under 1976 PA 223, MCL 18.351
to 18.368.
(e) Suggested procedures if the victim is subjected to threats
or intimidation.
(f) The person to contact for further information.
(2)
If requested by the a victim, the prosecuting attorney
shall give to the victim notice of any scheduled court proceedings
and notice of any changes in that schedule.
(3) If the defendant has not already entered a plea of guilty
or nolo contendere at the arraignment, the prosecuting attorney
shall
offer the a victim the opportunity to consult with the
prosecuting attorney to obtain the views of the victim about the
disposition of the serious misdemeanor, including the victim's
views about dismissal, plea or sentence negotiations, and pretrial
diversion programs before finalizing any negotiation that may
result in a dismissal, plea or sentence bargain, or pretrial
diversion.
(4) If the case against the defendant is dismissed at any
time,
the prosecuting attorney shall notify the a victim of the
dismissal within 48 hours.
(5) A victim who receives a notice under subsection (1) or (2)
and who chooses to receive any notice or exercise any right under
this article shall keep the following persons informed of the
victim's current address, electronic mail or texting address, and
telephone number:
(a) The prosecuting attorney, until final disposition or
completion of the appellate process, whichever occurs later.
(b) The sheriff, if the defendant is imprisoned for more than
92 days.
Sec.
67. The court shall provide a waiting area for the a
victim separate from the defendant, defendant's relatives,
defendant's supporters, and defense witnesses if such an area is
available and the use of the area is practical. If a separate
waiting area is not available or practical, the court shall provide
other safeguards to minimize the victim's contact with defendant,
defendant's relatives, defendant's supporters, and defense
witnesses during court proceedings.
Sec. 68. (1) Based upon the victim's reasonable apprehension
of acts or threats of physical violence or intimidation by the
defendant
or at defendant's direction against the a victim or the a
victim's immediate family, the prosecuting attorney may move that
the victim or any other witness not be compelled to testify at
pretrial proceedings or at trial for purposes of identifying the
victim as to the victim's address, place of employment, or other
personal identification without the victim's consent. A hearing on
the motion shall be in camera.
(2) The name, work address, and address of a victim shall not
be in the court file or ordinary court documents unless they are
contained in a transcript of the trial or used to identify the
place of the crime. The work telephone number, the home telephone
number, the cellular telephone number, and the electronic mail or
texting address of a victim shall not be open to public inspection
except as contained in a transcript of the trial.
(3) (2)
Under section 24 of article I of
the state
constitution of 1963, guaranteeing to crime victims the right to be
treated with respect for their dignity and privacy, all of the
following information and visual representations of a victim are
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246:
(a) The name, home address, home telephone number, cellular
telephone number, electronic mail or texting address, work address,
and
work telephone number of the a
victim.
(b) A picture, photograph, drawing, or other visual
representation, including any film, videotape, or digitally stored
image of the victim.
(c) The following information concerning a victim of child
abuse, criminal sexual conduct, assault with intent to commit
criminal sexual conduct, or a similar crime who was less than 18
years of age when the crime was committed:
(i) The victim's name and address.
(ii) The name and address of an immediate family member or
relative of the victim, who has the same surname as the victim,
other than the name and address of the accused.
(iii) Any other information that would tend to reveal the
identity of the victim, including a reference to the victim's
familial or other relationship to the accused.
(4) (3)
Subsection (2) (3) does
not preclude the release of
information to a victim advocacy organization or agency for the
purpose of providing victim services.
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. 876.
(e) Senate Bill No. ____ or House Bill No. ____ (request no.
01052'15).
(f) Senate Bill No. ____ or House Bill No. ____ (request no.
01053'15).
