SB-1004, As Passed Senate, September 23, 2014

SUBSTITUTE FOR

SENATE BILL NO. 1004

     A bill to create a sexual assault victim's access to justice

act; to provide for certain victim's rights in sexual assault

cases; to require certain notifications; and to require certain

duties of certain state and local officials and agencies.

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 access to justice act".

     Sec. 2. As used in this act:

     (a) "Forensic laboratory" means a DNA laboratory that has

received formal recognition that it meets or exceeds a list of

standards, including the FBI director's quality assurance

standards, to perform specific tests, established by a nonprofit

professional association of persons actively involved in forensic

science that is nationally recognized within the forensic community

in accordance with the provisions of the federal DNA identification

act, 42 USC 14132, or subsequent laws.

     (b) "Investigating law enforcement agency" means the local,

county, or state law enforcement agency with the primary

responsibility for investigating an alleged sexual assault offense

case and includes the employees of that agency. Investigating law

enforcement agency includes a law enforcement agency of a community

college or university if that law enforcement agency of a community

college or university is responsible for collecting sexual assault

evidence.

     (c) "Law enforcement agency" means the local, county, or state

law enforcement agency and includes the employees of that agency.

Law enforcement agency includes a law enforcement agency of a

community college or university.

     (d) "Sexual assault evidence kit" means that term as defined

in section 21527 of the public health code, 1978 PA 368, MCL

333.21527.

     (e) "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.

     (f) "Sexual assault victim" means an individual subjected to a

sexual assault offense and, for the purposes of making

communications and receiving notices under this act, a person

designated by the sexual assault victim under section 4.

     Sec. 3. (1) Within 24 hours after the initial contact between

a sexual assault victim and the investigating law enforcement

agency, that investigating law enforcement agency shall give the

sexual assault victim a written copy of, or access to, the

following information:

     (a) Contact information for a local community-based sexual

assault services program, if available.

     (b) Notice that he or she can have a sexual assault evidence

kit administered and that he or she cannot be billed for this

examination as provided in section 5a of 1976 PA 223, MCL 18.355a.

     (c) Notice that he or she may choose to have a sexual assault

evidence kit administered without being required to participate in

the criminal justice system or cooperate with law enforcement as

provided in section 5a of 1976 PA 223, MCL 18.355a.

     (d) Notice of the right to request information under sections

5 and 6.

     (e) Notice of the right to request a personal protection order

as provided in section 2950 or 2950a of the revised judicature act

of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a.

     (2) The information and notice provided under subsection (1)

shall also include the notice required under the William Van

Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to

780.834.

     (3) The Michigan domestic and sexual violence prevention and

treatment board, in consultation with law enforcement, shall

develop a sample notice card for sexual assault victims. The card

shall be made available electronically to Michigan law enforcement

agencies no later than June 30, 2015.

     (4) Beginning not later than September 30, 2015, law

enforcement agencies shall provide sexual assault victims with the

information required in subsection (1).

     Sec. 4. (1) When a sexual assault victim requests information

from an investigating law enforcement agency under section 5 or 6,

the law enforcement agency shall respond by telephone, in writing

mailed to the sexual assault victim, or by electronic mail, as

specified by the sexual assault victim. If the victim does not

specify, the law enforcement agency may respond using any of the

methods described in this subsection. If new or updated information

becomes available after a response is given to a sexual assault

victim's request, the law enforcement agency may, but is not

required to, provide the new or updated information to the sexual

assault victim in the absence of a new request from him or her.

     (2) This section does not require the law enforcement agency

to communicate with the sexual assault victim regarding information

if he or she does not specifically make a request to the law

enforcement agency.

     (3) A sexual assault victim may designate an alternative

person to receive the information requested by the sexual assault

victim, and the law enforcement agency shall then direct any

information to that designated person.

     (4) To receive information under this section, the sexual

assault victim shall provide the law enforcement agency with the

name, address, telephone number, and electronic mail address of the

person to whom the information should be provided.

     (5) The law enforcement agency may require a sexual assault

victim's request for information under this section to be in

writing. If a sexual assault victim has submitted a written request

for information, subsequent requests for updated information are

not required to be in writing.

     Sec. 5. Upon request by a sexual assault victim to the

investigating law enforcement agency, the sexual assault victim

shall be provided with the following information if available and

if the disclosure does not impede or compromise an ongoing

investigation:

     (a) The contact information for the officer investigating the

case.

     (b) The current status of the case.

     (c) Whether the case has been submitted to the office of the

prosecuting attorney for review.

     (d) If the case has been closed and the documented reason for

closure.

     Sec. 6. (1) Upon request by a sexual assault victim to the

investigating law enforcement agency for information about DNA

testing results, the sexual assault victim shall be provided with

the following information if available and if the disclosure does

not impede or compromise an ongoing investigation:

     (a) When the sexual assault evidence kit was submitted to the

forensic laboratory.

     (b) Whether a DNA profile of a suspect was obtained from the

processing of evidence in the sexual assault case.

     (c) Whether a DNA profile of a suspect has been entered into

any data bank designed or intended to be used for the retention or

comparison of case evidence.

     (d) Whether there is a match between the DNA profile of a

suspect 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.

     (2) If a sexual assault victim is provided with information

about forensic testing results, he or she shall also be provided

with a copy of, or access to, the information handout described in

subsection (3).

     (3) No later than September 30, 2015, the Michigan domestic

and sexual violence prevention and treatment board, in consultation

with the department of state police, shall develop an informational

handout for sexual assault victims that explains the meaning of

possible forensic testing results. The informational handout shall

be made available electronically to Michigan law enforcement

agencies.

     Sec. 7. This act does not create a cause of action for

monetary damages against the state, a county, a municipality, or

any of their agencies, instrumentalities, or employees.

     Enacting section 1. This act takes effect April 1, 2015.