SENATE BILL NO. 852 January 27, 1998, Introduced by Senator VAN REGENMORTER and SHUGARS and referred to the Committee on Judiciary. A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending section 61 (MCL 780.811), as amended by 1996 PA 82. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 61. (1) As used in this article: 2 (a) "Serious misdemeanor" means 1 or more of the following: 3 (i) A violation of section 81 of the Michigan penal code, 4Act No. 328 of the Public Acts of 1931, being section 750.81 of5the Michigan Compiled Laws1931 PA 328, MCL 750.81, assault and 6 battery. 7 (ii) A violation of section 81a ofAct No. 328 of the8Public Acts of 1931, being section 750.81a of the Michigan9Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81A, 10 assault;WITH infliction of serious injury. 01560'97 a JOJ 2 1 (iii) A violation of section 115 ofAct No. 328 of the2Public Acts of 1931, being section 750.115 of the Michigan3Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.115, 4 breaking and entering or illegal entry. 5 (iv) A violation of section 136b(5) ofAct No. 328 of the6Public Acts of 1931, being section 750.136b of the Michigan7Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 8 750.136B, child abuse in the fourth degree. 9 (v) A violation of section 145a ofAct No. 328 of the10Public Acts of 1931, being section 750.145a of the Michigan11Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 12 750.145A, enticing a child for immoral purposes. 13 (vi) A violation of section 234 ofAct No. 328 of the14Public Acts of 1931, being section 750.234 of the Michigan15Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.234, 16 discharge of a firearm intentionally aimed at a person. 17 (vii) A violation of section 235 ofAct No. 328 of the18Public Acts of 1931, being section 750.235 of the Michigan19Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.235, 20 discharge of an intentionally aimed firearm resulting in injury. 21 (viii) A violation of section 335a ofAct No. 328 of the22Public Acts of 1931, being section 750.335a of the Michigan23Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 24 750.335A, indecent exposure. 25 (ix) A violation of section 617a of the Michigan vehicle 26 code,Act No. 300 of the Public Acts of 1949, being section01560'97 a 3 1257.617a of the Michigan Compiled Laws1949 PA 300, MCL 2 257.617A, leaving the scene of a personal injury accident. 3 (x) A violation of section 625 ofAct No. 300 of the Public4Acts of 1949, being section 257.625 of the Michigan Compiled5LawsTHE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625, oper- 6 ating a vehicle while under the influence of or impaired by 7 intoxicating liquor,ora controlled substance, A CHEMICAL 8 AGENT, OR ANY COMBINATION OF INTOXICATING LIQUOR, A CONTROLLED 9 SUBSTANCE, OR A CHEMICAL AGENT or with an unlawful blood alcohol 10 content, if the violation involves an accident resulting in 11 damage to another individual's property or physical injury or 12 death to another individual. 13 (xi) Selling or furnishing alcoholic liquor to an individual 14 less than 21 years of age in violation of section 33 of the 15 Michigan liquor control act,Act No. 8 of the Extra Session of16the Public Acts of 1933, being section 436.33 of the Michigan17Compiled Laws1933 (EX SESS) PA 8, MCL 436.33, if the violation 18 results in physical injury or death to any individual. 19 (xii) A violation of section 411h ofAct No. 328 of the20Public Acts of 1931, being section 750.411h of the Michigan21Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 22 750.411H, stalking. 23 (xiii) A violation of section 80176 ofpart 801 (marine24safety) ofthe natural resources and environmental protection 25 act,Act No. 451 of the Public Acts of 1994, being section26324.80176 of the Michigan Compiled Laws1994 PA 451, MCL 27 324.80176, operating a vessel while under the influence of or 01560'97 a 4 1 impaired by intoxicating liquor or a controlled substance,or 2 with an unlawful blood alcohol content, if the violation involves 3 an accident resulting in damage to another individual's property 4 or physical injury or death to any individual. 5 (xiv) A violation of a local ordinance substantially corre- 6 sponding to a violation enumerated in subparagraphs (i) to 7 (xiii). 8 (xv) A violation charged as a crime or serious misdemeanor 9 but subsequently reduced to or pleaded to as a misdemeanor. As 10 used in this subparagraph, "crime" means that term as defined in 11 section 2. 12 (b) "Defendant" means a person charged with or convicted of 13 having committed a serious misdemeanor against a victim. 14 (c) "Final disposition" means the ultimate termination of 15 the criminal prosecution of a defendant including, but not 16 limited to, dismissal, acquittal, or imposition of a sentence by 17 the court. 18 (d) "Person" means an individual, organization, partnership, 19 corporation, or governmental entity. 20 (e) "Prisoner" means a person who has been convicted and 21 sentenced to imprisonment for having committed a serious misde- 22 meanor against a victim. 23 (f) "Prosecuting attorney" means the prosecuting attorney 24 for a county, an assistant prosecuting attorney for a county, the 25 attorney general, the deputy attorney general, an assistant 26 attorney general, a special prosecuting attorney, or, in 27 connection with the prosecution of an ordinance violation, an 01560'97 a 5 1 attorney for the political subdivision that enacted the ordinance 2 upon which the violation is based. 3 (g)"Victim", exceptEXCEPT as otherwise defined in this 4 article, "VICTIM" means any of the following: 5 (i) An individual who suffers direct or threatened physical, 6 financial, or emotional harm as a result of the commission of a 7 serious misdemeanor, except as provided in subparagraph (ii), 8 (iii), or (iv). 9 (ii) The following individuals other than the defendant if 10 the victim is deceased: 11 (A) The spouse of the deceased victim. 12 (B) A child of the deceased victim if the child is 18 years 13 of age or older and sub-subparagraph (A) does not apply. 14 (C) A parent of a deceased victim if sub-subparagraphs (A) 15 and (B) do not apply. 16 (D) The guardian or custodian of a child of a deceased 17 victim if the child is less than 18 years of age and 18 sub-subparagraphs (A) to (C) do not apply. 19 (E) A sibling of the deceased victim if sub-subparagraphs 20 (A) to (D) do not apply. 21 (F) A grandparent of the deceased victim if 22 sub-subparagraphs (A) to (E) do not apply. 23 (iii) A parent, guardian, or custodian of a victim who is 24 less than 18 years of age if the parent, guardian, or custodian 25 so chooses. 01560'97 a 6 1 (iv) A parent, guardian, or custodian of a victim who is so 2 mentally incapacitated that he or she cannot meaningfully 3 understand or participate in the legal process. 4 (2) If a victim as defined in subsection (1)(g)(i) is physi- 5 cally or emotionally unable to exercise the privileges and rights 6 under this article, the victim may designate his or her spouse, 7or achild 18 years of age or older, parent, sibling, or grand- 8 parentof the victimto act in THE VICTIM'S placeof the9victimduring theduration of thephysical or emotional 10 disability. The victim shall provide the prosecuting attorney 11 with the name of the person who is to act in THE VICTIM'S place. 12of the victim.During the physical or emotional disability, 13 notices to be provided under this article to the victim shall 14 continue to be sent only to the victim. 15 (3) An individual who is charged with a serious misdemeanor 16 or a crime as defined in section 2 arising out of the same trans- 17 action from which the charge against the defendant arose is not 18 eligible to exercise the privileges and rights established for 19 victims under this article. 20 Enacting section 1. This amendatory act does not take 21 effect unless Senate Bill No. 853 22 of the 89th Legislature is enacted into 23 law. 01560'97 a Final page. JOJ