HOUSE BILL No. 5417


     December 4, 1997, Introduced by Reps. Bogardus, Callahan, Brown, Schauer, Rison, Quarles, Hale, Goschka, Scott, Cherry and LaForge and referred to the Committee on Judiciary.


        A bill to amend 1985 PA 87, entitled

   "Crime victim's rights act,"

   (MCL 780.751 to 780.834) by adding sections 26, 53, and 85.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 26.  (1) A PERSON SHALL NOT RELEASE OR MAKE PUBLIC AN

 2    AUTOPSY PHOTOGRAPH OF A VICTIM UNLESS 1 OF THE FOLLOWING CONDI-

 3    TIONS IS MET:

 4         (A) THE VICTIM'S NEXT OF KIN SPECIFICALLY PROVIDES WRITTEN

 5    AUTHORIZATION FOR THE RELEASE OR PUBLICATION.

 6         (B) THE RELEASE OR PUBLICATION IS FOR A PURPOSE RELATED TO

 7    THE INVESTIGATION OR PROSECUTION OF A CRIMINAL CASE.

 8         (2) AS USED IN THIS SECTION ONLY, "VICTIM" INCLUDES A

 9    DEFENDANT OR CRIMINAL SUSPECT.






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 1         (3) A PERSON INJURED AS A RESULT OF A VIOLATION OF THIS ACT

 2    MAY BRING AN ACTION TO RECOVER $1,000.00 OR ACTUAL DAMAGES,

 3    WHICHEVER IS GREATER, PLUS COSTS AND REASONABLE ATTORNEY FEES.

 4         SEC. 53.  (1) A PERSON SHALL NOT RELEASE OR MAKE PUBLIC AN

 5    AUTOPSY PHOTOGRAPH OF A VICTIM UNLESS 1 OF THE FOLLOWING CONDI-

 6    TIONS IS MET:

 7         (A) THE VICTIM'S NEXT OF KIN SPECIFICALLY PROVIDES WRITTEN

 8    AUTHORIZATION FOR THE RELEASE OR PUBLICATION.

 9         (B) THE RELEASE OR PUBLICATION IS FOR A PURPOSE RELATED TO

10    THE INVESTIGATION OR PROSECUTION OF A CRIMINAL CASE.

11         (2) FOR PURPOSES OF THIS SECTION ONLY, "VICTIM" INCLUDES A

12    JUVENILE OFFENDER OR SUSPECTED JUVENILE OFFENDER.

13         (3) A PERSON INJURED AS A RESULT OF A VIOLATION OF THIS ACT

14    MAY BRING AN ACTION TO RECOVER $1,000.00 OR ACTUAL DAMAGES,

15    WHICHEVER IS GREATER, PLUS COSTS AND REASONABLE ATTORNEY FEES.

16         SEC. 85.  (1) A PERSON SHALL NOT RELEASE OR MAKE PUBLIC AN

17    AUTOPSY PHOTOGRAPH OF A VICTIM UNLESS 1 OF THE FOLLOWING CONDI-

18    TIONS IS MET:

19         (A) THE VICTIM'S NEXT OF KIN SPECIFICALLY PROVIDES WRITTEN

20    AUTHORIZATION FOR THE RELEASE OR PUBLICATION.

21         (B) THE RELEASE OR PUBLICATION IS FOR A PURPOSE RELATED TO

22    THE INVESTIGATION OR PROSECUTION OF A CRIMINAL CASE.

23         (2) FOR PURPOSES OF THIS SECTION ONLY, "VICTIM" INCLUDES AN

24    INDIVIDUAL WHO COMMITTED OR IS SUSPECTED OF HAVING COMMITTED A

25    SERIOUS MISDEMEANOR.







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 1         (3) A PERSON INJURED AS A RESULT OF A VIOLATION OF THIS ACT

 2    MAY BRING AN ACTION TO RECOVER $1,000.00 OR ACTUAL DAMAGES,

 3    WHICHEVER IS GREATER, PLUS COSTS AND REASONABLE ATTORNEY FEES.


















































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