April 15, 2010, Introduced by Senators HUNTER, BASHAM, WHITMER, CLARKE, OLSHOVE, CLARK-COLEMAN, BIRKHOLZ, JACOBS, BARCIA, JANSEN, SCOTT, BRATER and CHERRY and referred to the Committee on Judiciary.
A bill to create the sexual assault victim's rights act; to
require the prompt collection and processing of sexual assault
evidence; to provide for certain victim's rights in sexual assault
cases; to require certain notifications and reports; to require
certain duties of certain state and local officials and agencies;
to provide remedies; and to limit causes of action.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"sexual assault victim's rights act".
Sec. 2. As used in this act:
(a) "Sexual assault case" means a criminal investigation or
criminal prosecution to which either of the following applies:
(i) An individual is reporting that he or she was a victim of a
sexual assault offense.
(ii) There is physical evidence that a sexual assault offense
was committed against any individual. As used in this subparagraph,
physical evidence includes photographic evidence.
(iii) There is eyewitness evidence that a sexual assault offense
was committed against any individual.
(b) "Sexual assault evidence kit" means that term as defined
in section 21527 of the public health code, 1978 PA 368, MCL
333.21527.
(c) "Sexual assault offense" means a violation or attempted
violation of sections 520b to 520g of the Michigan penal code, 1931
PA 328, MCL 750.520b to 750.520g.
(d) "Victim" means an individual subjected to a sexual assault
offense and, for the purposes of making communications and
receiving notices under this act, his or her designee appointed
under section 7.
Sec. 3. The law enforcement agency with the primary
responsibility for investigating a sexual assault case shall
collect and analyze, or cause to be collected and analyzed, all
evidence in that sexual assault case in a timely manner in order to
assure the longest possible limitation period for a criminal action
under section 24 of chapter VII of the code of criminal procedure,
1927 PA 175, MCL 767.24.
Sec. 4. (1) Upon the request of a victim of a sexual assault
offense, the law enforcement agency with the primary responsibility
for investigating that sexual assault case shall inform the victim
of the status of the processing of all evidence collected in that
case. The law enforcement agency may require that the victim's
request under this section be in writing.
(2) The law enforcement agency may respond to a victim's
request under this section with a written communication, or by
electronic mail, if an electronic mail address is available. This
subsection does not require the law enforcement agency to
communicate with the victim regarding the status of the processing
of crime scene evidence absent a specific request from the victim
to do so.
Sec. 5. Sexual assault victims have the following rights under
this act:
(a) The right to be informed of whether a DNA profile of an
assailant was obtained from the processing of evidence in the
sexual assault case.
(b) The right to be informed of whether a DNA profile of an
assailant has been entered into any data bank designed or intended
to be used for the retention or comparison of case evidence.
(c) The right to be informed of whether there is a match
between the DNA profile of an assailant obtained in the sexual
assault case to any DNA profile contained in any data bank designed
or intended to be used for the retention or comparison of case
evidence. This subdivision does not apply if disclosure would
impede or compromise an ongoing investigation.
Sec. 6. (1) The law enforcement agency with the primary
responsibility for investigating a sexual assault case shall
promptly analyze evidence obtained in a sexual assault case or
cause that evidence to be analyzed. However, if the evidence is not
or will not be analyzed within 6 months after it is collected, the
law enforcement agency shall inform the victim of that fact in
writing promptly after the law enforcement agency is made aware of
the delay.
(2) If a law enforcement agency intends to destroy or
otherwise dispose of any evidence in a sexual assault case before
the expiration of the limitation period applicable under section 24
of chapter VII of the code of criminal procedure, 1927 PA 175, MCL
767.24, the law enforcement agency with the primary responsibility
for investigating the case shall notify the victim of that
intention in writing at least 60 days before the evidence is
destroyed or otherwise disposed of.
Sec. 7. A sexual assault victim may designate another person
of his or her own choosing to receive any notice required under
this act.
Sec. 8. (1) The law enforcement agency with the primary
responsibility for investigating a sexual assault case shall
provide information to a victim under this act in a timely manner
and, upon request of the victim, advise the victim of any
significant changes in the information of which the law enforcement
agency is aware.
(2) To receive notice under this section, the victim shall
keep the law enforcement agency informed of the name, address,
telephone number, and electronic mail address of the person to whom
the information should be provided, and any changes of the name,
address, telephone number, and electronic mail address, if an
electronic mail address is available.
(3) A person accused or convicted of a crime against the
victim has no standing to object to any failure to comply with this
section. The failure to provide a right or notice to a sexual
assault victim under this section shall not be used to have the
conviction or sentence set aside.
Sec. 9. (1) Each law enforcement agency in this state that is
responsible for taking or processing sexual assault evidence shall
annually report to the attorney general, in the manner determined
by the attorney general, the total number of sexual assault
evidence kits in its possession that it has not tested or analyzed.
The law enforcement agency shall include in its report the number
of untested or unanalyzed sexual assault evidence kits in its
possession by year, covering at least the previous 5 years.
(2) Each law enforcement agency in this state shall annually
report to the attorney general, in the manner determined by the
attorney general, the total number of sexual assault offenses
reported in its jurisdiction.
(3) Each law enforcement agency in a county shall provide a
copy of the reports required under subsections (1) and (2) to the
prosecuting attorney of that county.
Sec. 10. The sole civil or criminal remedy available to a
sexual assault victim for a law enforcement agency's failure to
fulfill its responsibilities under this act is to file a writ of
mandamus to require compliance with this act.