HOUSE BILL No. 6255 November 5, 1998, Introduced by Rep. Varga and referred to the Committee on Regulatory Affairs. A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 31 and 61 (MCL 780.781 and 780.811), as amended by 1996 PA 82. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 31. (1) As used in this article: 2 (a) "Court" means thejuvenileFAMILY division ofthe3probateCIRCUIT court. 4 (b) "Juvenile" means a child alleged or found to be within 5 the jurisdiction of thejuvenile division of the probatecourt 6 pursuant to section 2(a)(1) of chapter XIIA ofAct No. 288 of7the Public Acts of 1939, being section 712A.2 of the Michigan8Compiled Laws1939 PA 288, MCL 712A.2, for an offense. 9 (c) "Juvenile facility" means a county facility, an 10 institution operated as an agency of the county or the juvenile 06130'98 w LBO 2 1 division of the probate court, or a state institution or agency 2 described in the youth rehabilitation services act,Act No. 1503of the Public Acts of 1974, being sections 803.301 to 803.309 of4the Michigan Compiled Laws1974 PA 150, MCL 803.301 TO 803.309, 5 to which a juvenile has been committed or in which a juvenile is 6 detained. 7 (d) "Offense" means 1 or more of the following: 8 (i) A violation of a penal law of this state for which a 9 juvenile offender, if convicted as an adult, may be punished by 10 imprisonment for more than 1 year, or an offense expressly desig- 11 nated by law to be a felony. 12 (ii) A violation of section 81, 81a, 115, 136b(5), 145a, 13 234, 235, 335a, or 411h of the Michigan penal code,Act No. 32814of the Public Acts of 1931, being sections 750.81, 750.81a,15750.115, 750.136b, 750.145a, 750.234, 750.235, 750.335a, and16750.411h of the Michigan Compiled Laws1931 PA 328, MCL 750.81, 17 750.81A, 750.115, 750.136B, 750.145A, 750.234, 750.235, 750.335A, 18 AND 750.411H. 19 (iii) A violation of section 617a of the Michigan vehicle 20 code,Act No. 300 of the Public Acts of 1949, being section21257.617a of the Michigan Compiled Laws1949 PA 300, MCL 22 257.617A, or a violation of section 625 ofAct No. 300 of the23Public Acts of 1949, being section 257.625 of the Michigan24Compiled LawsTHE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 25 257.625, if the violation involves an accident resulting in 26 damage to another individual's property or physical injury or 27 death to another individual. 06130'98 w 3 1 (iv) Selling or furnishing alcoholic liquor to an individual 2 less than 21 years of age in violation of section33 of the3Michigan liquor control act, Act No. 8 of the Extra Session of4the Public Acts of 1933, being section 436.33 of the Michigan5Compiled Laws701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 6 1998 PA 58, MCL 436.1701, if the violation results in physical 7 injury or death to any individual. 8 (v) A violation of section 80176of part 801 (marine9safety)of the natural resources and environmental protection 10 act,Act No. 451 of the Public Acts of 1994, being section11324.80176 of the Michigan Compiled Laws1994 PA 451, MCL 12 324.80176, operating a vessel while under the influence of or 13 impaired by intoxicating liquor or a controlled substance, or 14 with an unlawful blood alcohol content, if the violation involves 15 an accident resulting in damage to another individual's property 16 or physical injury or death to any individual. 17 (vi) A violation of a local ordinance substantially corre- 18 sponding to a violation enumerated in subparagraphs (i) to (v). 19 (vii) A violation described in subparagraphs (i) to (vi) 20 that is subsequently reduced to a violation not included in sub- 21 paragraphs (i) to (vi). 22 (e) "Person" means an individual, organization, partnership, 23 corporation, or governmental entity. 24 (f) "Prosecuting attorney" means the prosecuting attorney 25 for a county, an assistant prosecuting attorney for a county, the 26 attorney general, the deputy attorney general, an assistant 27 attorney general, a special prosecuting attorney, or in 06130'98 w 4 1 connection with the prosecution of an ordinance violation, an 2 attorney for the political subdivision that enacted the ordinance 3 upon which the violation is based. 4 (g) "Victim", except as otherwise defined in this article, 5 means any of the following: 6 (i) A person who suffers direct or threatened physical, 7 financial, or emotional harm as a result of the commission of an 8 offense, except as provided in subparagraph (ii), (iii), or 9 (iv). 10 (ii) The following individuals other than the juvenile 11 offender if the victim is deceased: 12 (A) The spouse of the deceased victim. 13 (B) A child of the deceased victim if the child is 18 years 14 of age or older and sub-subparagraph (A) does not apply. 15 (C) A parent of a deceased victim if sub-subparagraphs (A) 16 and (B) do not apply. 17 (D) The guardian or custodian of a child of a deceased 18 victim if the child is less than 18 years of age and 19 sub-subparagraphs (A) to (C) do not apply. 20 (E) A sibling of the deceased victim if sub-subparagraphs 21 (A) to (D) do not apply. 22 (F) A grandparent of the deceased victim if 23 sub-subparagraphs (A) to (E) do not apply. 24 (iii) A parent, guardian, or custodian of a victim who is 25 less than 18 years of age if the parent, guardian, or custodian 26 so chooses. 06130'98 w 5 1 (iv) A parent, guardian, or custodian of a victim who is 2 mentally or emotionally unable to participate in the legal 3 process. 4 (2) If a victim as defined in subsection (1)(g)(i) is physi- 5 cally or emotionally unable to exercise the privileges and rights 6 under this article, the victim may designate his or her spouse or 7 a child 18 years of age or older, parent, sibling, or grandparent 8 of the victim to act in place of the victim during the duration 9 of the physical or emotional disability. The victim shall pro- 10 vide the prosecuting attorney with the name of the person who is 11 to act in place of the victim. During the physical or emotional 12 disability, notices to be provided under this article to the 13 victim shall continue to be sent only to the victim. 14 Sec. 61. (1) As used in this article: 15 (a) "Serious misdemeanor" means 1 or more of the following: 16 (i) A violation of section 81 of the Michigan penal code, 17Act No. 328 of the Public Acts of 1931, being section 750.81 of18the Michigan Compiled Laws1931 PA 328, MCL 750.81, assault and 19 battery. 20 (ii) A violation of section 81a ofAct No. 328 of the21Public Acts of 1931, being section 750.81a of the Michigan22Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81A, 23 assault; infliction of serious injury. 24 (iii) A violation of section 115 ofAct No. 328 of the25Public Acts of 1931, being section 750.115 of the Michigan26Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.115, 27 breaking and entering or illegal entry. 06130'98 w 6 1 (iv) A violation of section 136b(5) ofAct No. 328 of the2Public Acts of 1931, being section 750.136b of the Michigan3Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 4 750.136B, child abuse in the fourth degree. 5 (v) A violation of section 145a ofAct No. 328 of the6Public Acts of 1931, being section 750.145a of the Michigan7Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 8 750.145A, enticing a child for immoral purposes. 9 (vi) A violation of section 234 ofAct No. 328 of the10Public Acts of 1931, being section 750.234 of the Michigan11Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.234, 12 discharge of a firearm intentionally aimed at a person. 13 (vii) A violation of section 235 ofAct No. 328 of the14Public Acts of 1931, being section 750.235 of the Michigan15Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.235, 16 discharge of an intentionally aimed firearm resulting in injury. 17 (viii) A violation of section 335a ofAct No. 328 of the18Public Acts of 1931, being section 750.335a of the Michigan19Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 20 750.335A, indecent exposure. 21 (ix) A violation of section 617a of the Michigan vehicle 22 code,Act No. 300 of the Public Acts of 1949, being section23257.617a of the Michigan Compiled Laws1949 PA 300, MCL 24 257.617A, leaving the scene of a personal injury accident. 25 (x) A violation of section 625 ofAct No. 300 of the Public26Acts of 1949, being section 257.625 of the Michigan Compiled27LawsTHE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625, 06130'98 w 7 1 operating a vehicle while under the influence of or impaired by 2 intoxicating liquor or a controlled substance, or with an unlaw- 3 ful blood alcohol content, if the violation involves an accident 4 resulting in damage to another individual's property or physical 5 injury or death to another individual. 6 (xi) Selling or furnishing alcoholic liquor to an individual 7 less than 21 years of age in violation of section33 of the8Michigan liquor control act, Act No. 8 of the Extra Session of9the Public Acts of 1933, being section 436.33 of the Michigan10Compiled Laws701 OF THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 11 1998 PA 58, MCL 436.1701, if the violation results in physical 12 injury or death to any individual. 13 (xii) A violation of section 411h ofAct No. 328 of the14Public Acts of 1931, being section 750.411h of the Michigan15Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 16 750.411H, stalking. 17 (xiii) A violation of section 80176 ofpart 801 (marine18safety) ofthe natural resources and environmental protection 19 act,Act No. 451 of the Public Acts of 1994, being section20324.80176 of the Michigan Compiled Laws1994 PA 451, MCL 21 324.80176, operating a vessel while under the influence of or 22 impaired by intoxicating liquor or a controlled substance, or 23 with an unlawful blood alcohol content, if the violation involves 24 an accident resulting in damage to another individual's property 25 or physical injury or death to any individual. 06130'98 w 8 1 (xiv) A violation of a local ordinance substantially 2 corresponding to a violation enumerated in subparagraphs (i) to 3 (xiii). 4 (xv) A violation charged as a crime or serious misdemeanor 5 but subsequently reduced to or pleaded to as a misdemeanor. As 6 used in this subparagraph, "crime" means that term as defined in 7 section 2. 8 (b) "Defendant" means a person charged with or convicted of 9 having committed a serious misdemeanor against a victim. 10 (c) "Final disposition" means the ultimate termination of 11 the criminal prosecution of a defendant including, but not 12 limited to, dismissal, acquittal, or imposition of a sentence by 13 the court. 14 (d) "Person" means an individual, organization, partnership, 15 corporation, or governmental entity. 16 (e) "Prisoner" means a person who has been convicted and 17 sentenced to imprisonment for having committed a serious misde- 18 meanor against a victim. 19 (f) "Prosecuting attorney" means the prosecuting attorney 20 for a county, an assistant prosecuting attorney for a county, the 21 attorney general, the deputy attorney general, an assistant 22 attorney general, a special prosecuting attorney, or, in connec- 23 tion with the prosecution of an ordinance violation, an attorney 24 for the political subdivision that enacted the ordinance upon 25 which the violation is based. 26 (g) "Victim", except as otherwise defined in this article, 27 means any of the following: 06130'98 w 9 1 (i) An individual who suffers direct or threatened physical, 2 financial, or emotional harm as a result of the commission of a 3 serious misdemeanor, except as provided in subparagraph (ii), 4 (iii), or (iv). 5 (ii) The following individuals other than the defendant if 6 the victim is deceased: 7 (A) The spouse of the deceased victim. 8 (B) A child of the deceased victim if the child is 18 years 9 of age or older and sub-subparagraph (A) does not apply. 10 (C) A parent of a deceased victim if sub-subparagraphs (A) 11 and (B) do not apply. 12 (D) The guardian or custodian of a child of a deceased 13 victim if the child is less than 18 years of age and 14 sub-subparagraphs (A) to (C) do not apply. 15 (E) A sibling of the deceased victim if sub-subparagraphs 16 (A) to (D) do not apply. 17 (F) A grandparent of the deceased victim if 18 sub-subparagraphs (A) to (E) do not apply. 19 (iii) A parent, guardian, or custodian of a victim who is 20 less than 18 years of age if the parent, guardian, or custodian 21 so chooses. 22 (iv) A parent, guardian, or custodian of a victim who is so 23 mentally incapacitated that he or she cannot meaningfully under- 24 stand or participate in the legal process. 25 (2) If a victim as defined in subsection (1)(g)(i) is physi- 26 cally or emotionally unable to exercise the privileges and rights 27 under this article, the victim may designate his or her spouse or 06130'98 w 10 1 a child 18 years of age or older, parent, sibling, or grandparent 2 of the victim to act in place of the victim during the duration 3 of the physical or emotional disability. The victim shall pro- 4 vide the prosecuting attorney with the name of the person who is 5 to act in place of the victim. During the physical or emotional 6 disability, notices to be provided under this article to the 7 victim shall continue to be sent only to the victim. 8 (3) An individual who is charged with a serious misdemeanor 9 or a crime as defined in section 2 arising out of the same trans- 10 action from which the charge against the defendant arose is not 11 eligible to exercise the privileges and rights established for 12 victims under this article. 06130'98 w Final page. LBO