HB-4725, As Passed House, December 13, 2012HB-4725, As Passed Senate, December 13, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 4725

     A bill to amend 1985 PA 87, entitled

"William Van Regenmorter crime victim's rights act,"

by amending sections 8, 38, and 68 (MCL 780.758, 780.788, and

780.818), as amended by 2000 PA 503.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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 work address and address of the victim shall not be in

the court file or ordinary court documents unless contained in a

transcript of the trial or it is used to identify the place of the

crime. The work telephone number and telephone number of the victim

shall not be in the court file or ordinary court documents except

as contained in a transcript of the trial.

     (3) Pursuant to 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 home address, home telephone number, work address, and

work telephone number of the victim unless the address 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) shall does not preclude the release of

information to a victim advocacy organization or agency for the

purpose of providing victim services.

     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) Pursuant to 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 home address, home telephone number, 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 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.

     (3) Subsection (2) shall does not preclude the release of

information to a victim advocacy organization or agency for the

purpose of providing victim services.

     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 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) Pursuant to 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 home address, home telephone number, 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 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.

     (3) Subsection (2) shall does not preclude the release of

information to a victim advocacy organization or agency for the

purpose of providing victim services.