June 12, 2014, Introduced by Senators JOHNSON and JONES and referred to the Committee on Judiciary.
A bill to create a sexual assault victim's rights 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 rights act".
Sec. 2. As used in this act:
(a) "Forensic laboratory" means a forensic laboratory as that
term is defined in section 2 of the forensic laboratory funding
act, 1994 PA 35, MCL 12.202.
(b) "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) "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.
(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) "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 4.
Sec. 3. (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. 4. A sexual assault victim may designate another person
of his or her own choosing to receive information requested by the
sexual assault victim or any notice required under this act.
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.
(d) The right to be informed when the sexual assault evidence
kit was submitted to the forensic laboratory, when the evidence is
compared against any data bank, and of the results of the
comparison. 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
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 of 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.