SENATE BILL NO. 881


  February 12, 1998, Introduced by Senators GOUGEON, NORTH,
            STEIL, HART and BENNETT and referred to the Committee on
            Families, Mental Health and Human Services.
     


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9948) by adding section 2170.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 2170.  (1) A PROPOSED WITNESS'S TESTIMONY AS TO A

 2    STATEMENT MADE TO THE PROPOSED WITNESS BY A DECLARANT WHO EITHER

 3    IS DEVELOPMENTALLY DISABLED OR WAS UNDER 16 YEARS OF AGE AT THE

 4    TIME THE STATEMENT WAS MADE TO THE PROPOSED WITNESS IS ADMISSIBLE

 5    IF BOTH OF THE FOLLOWING ARE TRUE:

 6         (A) THE STATEMENT DESCRIBES AN ACT THAT IS 1 OR MORE OF THE

 7    FOLLOWING:

 8         (i) A VIOLATION OF SECTION 136B, 145C, 520B TO 520E, OR
             520G

 9    OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.136B, 750.145C,

10    750.520B TO 750.520E, AND 750.520G.




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 1         (ii) CHILD ABUSE OR CHILD NEGLECT AS DEFINED IN SECTION
             2 OF

 2    THE CHILD PROTECTION LAW, 1975 PA 238, MCL 722.622.

 3         (B) AT A HEARING BEFORE THE TRIAL, THE COURT FINDS BOTH OF

 4    THE FOLLOWING:

 5         (i) BASED ON THE TESTIMONY OF THE PROPOSED WITNESS, THE
             CIR-

 6    CUMSTANCES LEADING TO THE DECLARANT'S STATEMENT PROVIDE SUFFI-

 7    CIENT INDICATORS OF THE STATEMENT'S TRUSTWORTHINESS.

 8         (ii) THE STATEMENT IS NOT OTHERWISE ADMISSIBLE.

 9         (2) TESTIMONY IS ADMISSIBLE UNDER SUBSECTION (1) REGARDLESS

10    OF THE AVAILABILITY OF THE DECLARANT WHO MADE THE STATEMENT TO

11    THE PROPOSED WITNESS.

12         (3) A WITNESS'S TESTIMONY THAT IS ADMITTED UNDER SUBSECTION

13    (1) AS TO A DECLARANT'S STATEMENT IS SUBSTANTIVE EVIDENCE OF AN

14    ACT OR OMISSION THAT THE STATEMENT DESCRIBES.





























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