HB-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.