HOUSE BILL No. 6116 November 9, 2000, Introduced by Reps. Baird, DeHart, Garza, Minore, Schermesser, Dennis, Brater, Jamnick, Richner and Woodward and referred to the Committee on Criminal Law and Corrections. A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 15, 31, 43, 61, and 75 (MCL 780.752, 780.765, 780.781, 780.793, 780.811, and 780.825), sections 2 and 31 as amended by 1998 PA 523, section 43 as amended by 1993 PA 341, section 61 as amended by 1996 PA 82, and section 75 as added by 1988 PA 21. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2. (1) As used in this article: 2 (a) "County juvenile agency" means that term as defined in 3 section 2 of the county juvenile agency act, 1998 PA 518, 4 MCL 45.622. 5 (b) "Crime" means a violation of a penal law of this state 6 for which the offender, upon conviction, may be punished by 06732'00 DRM 2 1 imprisonment for more than 1 year or an offense expressly 2 designated by law as a felony. 3 (c) "Defendant" means a person charged with or convicted of 4 committing a crime against a victim. 5 (d) "Final disposition" means the ultimate termination of 6 the criminal prosecution of a defendant including, but not 7 limited to, dismissal, acquittal, or imposition of sentence by 8 the court. 9 (e) "Juvenile" means a person within the jurisdiction of the 10 circuit court under section 606 of the revised judicature act of 11 1961, 1961 PA 236, MCL 600.606. 12 (f) "Juvenile facility" means a county facility, institution 13 operated as an agency of the county or the family division of 14 circuit court, or an institution or agency described in the youth 15 rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, 16 to which a juvenile has been committed or in which a juvenile is 17 detained. 18 (G) "NEIGHBORHOOD ASSOCIATION" MEANS EITHER OF THE 19 FOLLOWING: 20 (i) A NEIGHBORHOOD ORGANIZATION AS THAT TERM IS DEFINED IN 21 SECTION 5 OF THE NEIGHBORHOOD ASSISTANCE AND PARTICIPATION ACT, 22 1980 PA 56, MCL 125.805. 23 (ii) A NONGOVERNMENTAL ASSOCIATION OR ORGANIZATION THAT 24 SERVES AN AREA WITH GEOGRAPHICALLY DEFINABLE BOUNDARIES AND THAT 25 HAS AS ITS PRIMARY PURPOSE THE REDUCTION OF CRIME IN THAT AREA. 26 (H)(g)"Person" means an individual, organization, 27 partnership, corporation, or governmental entity. 06732'00 3 1 (I)(h)"Prisoner" means a person who has been convicted 2 and sentenced to imprisonment or placement in a juvenile facility 3 for having committed a crime or an act that would be a crime if 4 committed by an adult against a victim. 5 (J)(i)"Prosecuting attorney" means the prosecuting 6 attorney for a county, an assistant prosecuting attorney for a 7 county, the attorney general, the deputy attorney general, an 8 assistant attorney general, or a special prosecuting attorney. 9 (K)(j)"Victim", except as otherwise defined in this 10 article, means any of the following: 11 (i) An individual who suffers direct or threatened physical, 12 financial, or emotional harm as a result of the commission of a 13 crime, except as provided in subparagraph (ii), (iii), or (iv). 14 (ii) The following individuals other than the defendant if 15 the victim is deceased: 16 (A) The spouse of the deceased victim. 17 (B) A child of the deceased victim if the child is 18 years 18 of age or older and sub-subparagraph (A) does not apply. 19 (C) A parent of a deceased victim if sub-subparagraphs (A) 20 and (B) do not apply. 21 (D) The guardian or custodian of a child of a deceased 22 victim if the child is less than 18 years of age and 23 sub-subparagraphs (A) to (C) do not apply. 24 (E) A sibling of the deceased victim if sub-subparagraphs 25 (A) to (D) do not apply. 26 (F) A grandparent of the deceased victim if 27 sub-subparagraphs (A) to (E) do not apply. 06732'00 4 1 (iii) A parent, guardian, or custodian of a victim who is 2 less than 18 years of age if the parent, guardian, or custodian 3 so chooses. 4 (iv) A parent, guardian, or custodian of a victim who is 5 mentally or emotionally unable to participate in the legal 6 process. 7 (2) If a victim as defined in subsection(1)(j)(i)8 (1)(K)(i) is physically or emotionally unable to exercise the 9 privileges and rights under this article, the victim may desig- 10 nate his or her spouse, child 18 years of age or older, parent, 11 sibling, or grandparent to act in his or her place while the 12 physical or emotional disability continues. The victim shall 13 provide the prosecuting attorney with the name of the person who 14 is to act in his or her place. During the physical or emotional 15 disability, notices to be provided under this article to the 16 victim shall continue to be sent only to the victim. 17 Sec. 15. (1) The victimshall haveHAS the right to 18 appear and make an oral impact statement at the sentencing of the 19 defendant. 20 (2) A NEIGHBORHOOD ASSOCIATION WHOSE BOUNDARIES INCLUDE THE 21 VICTIM'S RESIDENCE HAS THE RIGHT TO APPEAR AND MAKE AN ORAL 22 IMPACT STATEMENT AT THE SENTENCING OF THE DEFENDANT. ANY MEMBER 23 OF THE NEIGHBORHOOD ASSOCIATION MAY MAKE THE ORAL IMPACT STATE- 24 MENT ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION. 25 Sec. 31. (1) As used in this article: 06732'00 5 1 (a) "County juvenile agency" means that term as defined in 2 section 2 of the county juvenile agency act, 1998 PA 518, 3 MCL 45.622. 4 (b) "Court" means thejuvenileFAMILY division ofthe5probateCIRCUIT court. 6 (c) "Juvenile" means an individual alleged or found to be 7 within the court's jurisdiction under section 2(a)(1) of 8 chapter XIIA of THE PROBATE CODE OF 1939, 1939 PA 288, 9 MCL 712A.2, for an offense. 10 (d) "Juvenile facility" means a county facility, an institu- 11 tion operated as an agency of the county or the court, or an 12 institution or agency described in the youth rehabilitation serv- 13 ices act, 1974 PA 150, MCL 803.301 to 803.309, to which a juve- 14 nile has been committed or in which a juvenile is detained. 15 (E) "NEIGHBORHOOD ASSOCIATION" MEANS EITHER OF THE 16 FOLLOWING: 17 (i) A NEIGHBORHOOD ORGANIZATION AS THAT TERM IS DEFINED IN 18 SECTION 5 OF THE NEIGHBORHOOD ASSISTANCE AND PARTICIPATION ACT, 19 1980 PA 56, MCL 125.805. 20 (ii) A NONGOVERNMENTAL ASSOCIATION OR ORGANIZATION THAT 21 SERVES AN AREA WITH GEOGRAPHICALLY DEFINABLE BOUNDARIES AND THAT 22 HAS AS ITS PRIMARY PURPOSE THE REDUCTION OF CRIME IN THAT AREA. 23 (F)(e)"Offense" means 1 or more of the following: 24 (i) A violation of a penal law of this state for which a 25 juvenile offender, if convicted as an adult, may be punished by 26 imprisonment for more than 1 year or an offense expressly 27 designated by law as a felony. 06732'00 6 1 (ii) A violation of section 81, 81a, 115, 136b(5), 145a, 2 234, 235, 335a, or 411h of the Michigan penal code, 1931 PA 328, 3 MCL 750.81, 750.81a, 750.115, 750.136b, 750.145a, 750.234, 4 750.235, 750.335a, and 750.411h. 5 (iii) A violation of section 617a of the Michigan vehicle 6 code, 1949 PA 300, MCL 257.617a, or a violation of section 625 of 7 that act, MCL 257.625, if the violation involves an accident 8 resulting in damage to another individual's property or physical 9 injury or death to another individual. 10 (iv) Selling or furnishing alcoholic liquor to an individual 11 less than 21 years of age in violation of section 33 of the 12 former 1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor 13 control code of 1998, 1998 PA 58, MCL 436.1701, if the violation 14 results in physical injury or death to any individual. 15 (v) A violation of section 80176(1) or (3) of the natural 16 resources and environmental protection act, 1994 PA 451, 17 MCL 324.80176, if the violation involves an accident resulting in 18 damage to another individual's property or physical injury or 19 death to any individual. 20 (vi) A violation of a local ordinance substantially corre- 21 sponding to a law enumerated in subparagraphs (i) to (v). 22 (vii) A violation described in subparagraphs (i) to (vi) 23 that is subsequently reduced to a violation not included in sub- 24 paragraphs (i) to (vi). 25 (G)(f)"Person" means an individual, organization, part- 26 nership, corporation, or governmental entity. 06732'00 7 1 (H)(g)"Prosecuting attorney" means the prosecuting 2 attorney for a county, an assistant prosecuting attorney for a 3 county, the attorney general, the deputy attorney general, an 4 assistant attorney general, a special prosecuting attorney, or in 5 connection with the prosecution of an ordinance violation, an 6 attorney for the political subdivision that enacted the ordinance 7 upon which the violation is based. 8 (I)(h)"Victim", except as otherwise defined in this 9 article, means any of the following: 10 (i) A person who suffers direct or threatened physical, 11 financial, or emotional harm as a result of the commission of an 12 offense, except as provided in subparagraph (ii), (iii), or 13 (iv). 14 (ii) The following individuals other than the juvenile if 15 the victim is deceased: 16 (A) The spouse of the deceased victim. 17 (B) A child of the deceased victim if the child is 18 years 18 of age or older and sub-subparagraph (A) does not apply. 19 (C) A parent of a deceased victim if sub-subparagraphs (A) 20 and (B) do not apply. 21 (D) The guardian or custodian of a child of a deceased 22 victim if the child is less than 18 years of age and 23 sub-subparagraphs (A) to (C) do not apply. 24 (E) A sibling of the deceased victim if sub-subparagraphs 25 (A) to (D) do not apply. 26 (F) A grandparent of the deceased victim if 27 sub-subparagraphs (A) to (E) do not apply. 06732'00 8 1 (iii) A parent, guardian, or custodian of a victim who is 2 less than 18 years of age if the parent, guardian, or custodian 3 so chooses. 4 (iv) A parent, guardian, or custodian of a victim who is 5 mentally or emotionally unable to participate in the legal 6 process. 7 (2) If a victim as defined in subsection(1)(h)(i)8 (1)(I)(i) is physically or emotionally unable to exercise the 9 privileges and rights under this article, the victim may desig- 10 nate his or her spouse, child 18 years of age or older, parent, 11 sibling, or grandparent to act in his or her place while the 12 physical or emotional disability continues. The victim shall 13 provide the prosecuting attorney with the name of the person who 14 is to act in his or her place. During the physical or emotional 15 disability, notices to be provided under this article to the 16 victim shall continue to be sent only to the victim. 17 Sec. 43. (1) The victimshall haveHAS the right to 18 appear and make an oral impact statement at the disposition of 19 the juvenile. 20 (2) Upon request, the victim shall be notified by the prose- 21 cuting attorney or, pursuant to an agreement under section 48a, 22 the court of the disposition of the juvenile's offense not more 23 than 14 days after the disposition is made. 24 (3) A NEIGHBORHOOD ASSOCIATION WHOSE BOUNDARIES INCLUDE THE 25 VICTIM'S RESIDENCE HAS THE RIGHT TO APPEAR AND MAKE AN ORAL 26 IMPACT STATEMENT AT THE DISPOSITION OF THE JUVENILE. ANY MEMBER 06732'00 9 1 OF THE NEIGHBORHOOD ASSOCIATION MAY MAKE THE ORAL IMPACT 2 STATEMENT ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION. 3 Sec. 61. (1) As used in this article: 4 (a) "Serious misdemeanor" means 1 or more of the following: 5 (i) A violation of section 81 of the Michigan penal code, 6Act No. 328 of the Public Acts of 1931, being section 750.81 of7the Michigan Compiled Laws1931 PA 328, MCL 750.81, assault and 8 battery. 9 (ii) A violation of section 81a ofAct No. 328 of the10Public Acts of 1931, being section 750.81a of the Michigan11Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81A, 12 assault; infliction of serious injury. 13 (iii) A violation of section 115 ofAct No. 328 of the14Public Acts of 1931, being section 750.115 of the Michigan15Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.115, 16 breaking and entering or illegal entry. 17 (iv) A violation of section136b(5)136B(6) ofAct18No. 328 of the Public Acts of 1931, being section 750.136b of the19Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 20 MCL 750.136B, child abuse in the fourth degree. 21 (v) A violation of section 145a ofAct No. 328 of the22Public Acts of 1931, being section 750.145a of the Michigan23Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 24 MCL 750.145A, enticing a child for immoral purposes. 25 (vi) A violation of section 234 ofAct No. 328 of the26Public Acts of 1931, being section 750.234 of the Michigan06732'00 10 1Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.234, 2 discharge of a firearm intentionally aimed at a person. 3 (vii) A violation of section 235 ofAct No. 328 of the4Public Acts of 1931, being section 750.235 of the Michigan5Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.235, 6 discharge of an intentionally aimed firearm resulting in injury. 7 (viii) A violation of section 335a ofAct No. 328 of the8Public Acts of 1931, being section 750.335a of the Michigan9Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 10 MCL 750.335A, indecent exposure. 11 (ix) A violation of section 617a of the Michigan vehicle 12 code,Act No. 300 of the Public Acts of 1949, being section13257.617a of the Michigan Compiled Laws1949 PA 300, 14 MCL 257.617A, leaving the scene of a personal injury accident. 15 (x) A violation of section 625 ofAct No. 300 of the Public16Acts of 1949, being section 257.625 of the Michigan Compiled17LawsTHE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625, oper- 18 ating a vehicle while under the influence of or impaired by 19 intoxicating liquor or a controlled substance, or with an unlaw- 20 ful blood alcohol content, if the violation involves an accident 21 resulting in damage to another individual's property or physical 22 injury or death to another individual. 23 (xi) Selling or furnishing alcoholic liquor to an individual 24 less than 21 years of age in violation of section33701 of the 25 Michigan liquor controlact, Act No. 8 of the Extra Session of26the Public Acts of 1933, being section 436.33 of the Michigan06732'00 11 1Compiled LawsCODE OF 1998, 1998 PA 58, MCL 436.1701, if the 2 violation results in physical injury or death to any individual. 3 (xii) A violation of section 411h ofAct No. 328 of the4Public Acts of 1931, being section 750.411h of the Michigan5Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 6 MCL 750.411H, stalking. 7 (xiii) A violation of section80176 of part 801 (marine8safety)80176(1) OR (3) of the natural resources and environmen- 9 tal protection act,Act No. 451 of the Public Acts of 1994,10being section 324.80176 of the Michigan Compiled Laws1994 11 PA 451, MCL 324.80176, operating a vessel while under the influ- 12 ence of or impaired by intoxicating liquor or a controlled sub- 13 stance, or with an unlawful blood alcohol content, if the viola- 14 tion involves an accident resulting in damage to another 15 individual's property or physical injury or death to any 16 individual. 17 (xiv) A violation of a local ordinance substantially corre- 18 sponding to a violation enumerated in subparagraphs (i) to 19 (xiii). 20 (xv) A violation charged as a crime or serious misdemeanor 21 but subsequently reduced to or pleaded to as a misdemeanor. As 22 used in this subparagraph, "crime" means that term as defined in 23 section 2. 24 (b) "Defendant" means a person charged with or convicted of 25 having committed a serious misdemeanor against a victim. 26 (c) "Final disposition" means the ultimate termination of 27 the criminal prosecution of a defendant including, but not 06732'00 12 1 limited to, dismissal, acquittal, or imposition of a sentence by 2 the court. 3 (D) "NEIGHBORHOOD ASSOCIATION" MEANS EITHER OF THE 4 FOLLOWING: 5 (i) A NEIGHBORHOOD ORGANIZATION AS THAT TERM IS DEFINED IN 6 SECTION 5 OF THE NEIGHBORHOOD ASSISTANCE AND PARTICIPATION ACT, 7 1980 PA 56, MCL 125.805. 8 (ii) A NONGOVERNMENTAL ASSOCIATION OR ORGANIZATION THAT 9 SERVES AN AREA WITH GEOGRAPHICALLY DEFINABLE BOUNDARIES AND THAT 10 HAS AS ITS PRIMARY PURPOSE THE REDUCTION OF CRIME IN THAT AREA. 11 (E)(d)"Person" means an individual, organization, part- 12 nership, corporation, or governmental entity. 13 (F)(e)"Prisoner" means a person who has been convicted 14 and sentenced to imprisonment for having committed a serious mis- 15 demeanor against a victim. 16 (G)(f)"Prosecuting attorney" means the prosecuting 17 attorney for a county, an assistant prosecuting attorney for a 18 county, the attorney general, the deputy attorney general, an 19 assistant attorney general, a special prosecuting attorney, or, 20 in connection with the prosecution of an ordinance violation, an 21 attorney for the political subdivision that enacted the ordinance 22 upon which the violation is based. 23 (H)(g)"Victim", except as otherwise defined in this 24 article, means any of the following: 25 (i) An individual who suffers direct or threatened physical, 26 financial, or emotional harm as a result of the commission of a 06732'00 13 1 serious misdemeanor, except as provided in subparagraph (ii), 2 (iii), or (iv). 3 (ii) The following individuals other than the defendant if 4 the victim is deceased: 5 (A) The spouse of the deceased victim. 6 (B) A child of the deceased victim if the child is 18 years 7 of age or older and sub-subparagraph (A) does not apply. 8 (C) A parent of a deceased victim if sub-subparagraphs (A) 9 and (B) do not apply. 10 (D) The guardian or custodian of a child of a deceased 11 victim if the child is less than 18 years of age and 12 sub-subparagraphs (A) to (C) do not apply. 13 (E) A sibling of the deceased victim if sub-subparagraphs 14 (A) to (D) do not apply. 15 (F) A grandparent of the deceased victim if 16 sub-subparagraphs (A) to (E) do not apply. 17 (iii) A parent, guardian, or custodian of a victim who is 18 less than 18 years of age if the parent, guardian, or custodian 19 so chooses. 20 (iv) A parent, guardian, or custodian of a victim who is so 21 mentally incapacitated that he or she cannot meaningfully under- 22 stand or participate in the legal process. 23 (2) If a victim as defined in subsection(1)(g)(i)24 (1)(H)(i) is physically or emotionally unable to exercise the 25 privileges and rights under this article, the victim may desig- 26 nate his or her spouse, or a child 18 years of age or older, 27 parent, sibling, or grandparent of the victim to act in HIS OR 06732'00 14 1 HER placeof the victim during the duration ofWHILE the 2 physical or emotional disability CONTINUES. The victim shall pro- 3 vide the prosecuting attorney with the name of the person who is 4 to act in place of the victim. During the physical or emotional 5 disability, notices to be provided under this article to the 6 victim shall continue to be sent only to the victim. 7 (3) An individual who is charged with a serious misdemeanor, 8 or a crime as defined in section 2, arising out of the same 9 transaction from which the charge against the defendant arose is 10 not eligible to exercise the privileges and rights established 11 for victims under this article. 12 Sec. 75. (1) If no presentence report is prepared, the 13 court shall notify the prosecuting attorney of the date and time 14 of sentencing at least 10 days prior to the sentencing. The 15 victim shall have the right to submit a written impact statement 16 and shall have the right to appear and make an oral impact state- 17 ment at the sentencing of the defendant. The court shall con- 18 sider the victim's statement in imposing sentence on the 19 defendant. 20 (2) A NEIGHBORHOOD ASSOCIATION WHOSE BOUNDARIES INCLUDE THE 21 VICTIM'S RESIDENCE HAS THE RIGHT TO APPEAR AND MAKE AN ORAL 22 IMPACT STATEMENT AT THE SENTENCING OF THE DEFENDANT. ANY MEMBER 23 OF THE NEIGHBORHOOD ASSOCIATION MAY MAKE THE ORAL IMPACT STATE- 24 MENT ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION. 06732'00 Final page. DRM