SENATE BILL No. 1263

 

 

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.