HOUSE BILL No. 4575


     April 8, 1997, Introduced by Reps. Hanley, Dobb, Schermesser, Harder, Callahan, Goschka, Cherry, Tesanovich, DeHart, Prusi, Kelly, Bogardus, Schauer, Mans, Parks, Willard, Brater and McBryde and referred to the Committee on Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 520n.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC.  520N.  (1) EXCEPT AS PROVIDED IN SUBSECTION (2), THE

 2    COURT MAY CONDUCT A HEARING UNDER THIS SECTION TO DETERMINE

 3    WHETHER THE VICTIM OF AN ALLEGED VIOLATION OF THIS CHAPTER WHO IS

 4    CALLED AS A WITNESS IN A CRIMINAL PROCEEDING REGARDING THAT

 5    ALLEGED VIOLATION SHOULD BE REQUIRED TO TESTIFY IN PERSON AT THE

 6    PROCEEDING OR SHOULD BE PERMITTED TO TESTIFY BY CLOSED CIRCUIT

 7    TELEVISION.

 8         (2) IF THE VICTIM IS 15 YEARS OF AGE OR LESS, THE COURT

 9    SHALL CONDUCT A HEARING UNDER THIS SECTION TO DETERMINE WHETHER

10    THAT VICTIM SHOULD BE REQUIRED TO TESTIFY IN PERSON AT THE




   00837'97                                                 TVD
                                              2

 1    PROCEEDING OR SHOULD BE PERMITTED TO TESTIFY BY CLOSED CIRCUIT

 2    TELEVISION.

 3         (3) A HEARING UNDER THIS SECTION SHALL BE CONDUCTED IN

 4    CAMERA.

 5         (4) IN REACHING ITS DECISION, THE COURT SHALL CONSIDER ALL

 6    OF THE FOLLOWING:

 7         (A) THE VICTIM'S AGE.

 8         (B) THE NATURE OF THE CRIME ALLEGED TO HAVE BEEN COMMITTED.

 9         (C) THE CIRCUMSTANCES SURROUNDING THE ALLEGED COMMISSION OF

10    THAT CRIME.

11         (D) THE PSYCHOLOGICAL IMPACT ON THE VICTIM OF EACH FORM OF

12    TESTIMONY.

13         (E) THE EFFECT THAT ALLOWING THE VICTIM TO TESTIFY BY CLOSED

14    CIRCUIT TELEVISION WILL HAVE ON THE ABILITY OF THE DEFENDANT TO

15    PRESENT HIS OR HER DEFENSE.

16         (F) OTHER FACTORS CONSIDERED RELEVANT BY THE COURT.

























   00837'97          Final page.                            TVD