SENATE BILL NO. 885
February 12, 1998, Introduced by Senators GEAKE, NORTH,
GOUGEON, STEIL, HART and BENNETT and referred to the
Committee on Families, Mental Health and Human Services.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 75a (MCL 24.275a), as added by 1987 PA 46.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 75a. (1) As used in this section:
2 (a) "Developmental disability" means an impairment of
gen-
3 eral intellectual functioning or adaptive behavior which
meets
4 the following criteria: (i) It originated before
the person
5 became 18 years of age. (ii) It has continued since
its origina-
6 tion or can be expected to continue indefinitely.
(iii) It con-
7 stitutes a substantial burden to the impaired person's
ability to
8 perform normally in society. (iv) It is
attributable to mental
9 retardation, autism, or any other condition of a person
found
10 related to mental retardation because it produces a similar
11 impairment or requires treatment and services similar to
those
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1 required for a person who is mentally retarded.
THAT TERM AS
2 DEFINED IN SECTION 100A OF THE MENTAL HEALTH CODE, 1974 PA 258,
3 MCL 330.1100A.
4 (b) "Witness" means an alleged victim under subsection (2)
5 who is either of the following:
6 (i) A person under 15 16 years of
age.
7 (ii) A person 15 16 years of age or
older with a develop-
8 mental disability.
9 (2) This section only applies to a contested case
where IN
10 WHICH a witness testifies as an alleged victim of sexual, physi-
11 cal, or psychological abuse. "Psychological AS
USED IN THIS
12 SUBSECTION, "PSYCHOLOGICAL abuse" means an injury to a
child's
13 THE WITNESS'S mental condition or welfare that is not necessarily
14 permanent but results in substantial and protracted, visibly
15 demonstrable manifestations of mental distress.
16 (3) If pertinent, the witness shall be permitted the use of
17 dolls or mannequins, including, but not limited to, anatomically
18 correct dolls or mannequins, to assist the witness in testifying
19 on direct and cross-examination.
20 (4) A witness who is called upon to testify shall be permit-
21 ted to have a support person sit with, accompany, or be in close
22 proximity to the witness during his or her testimony. A notice
23 of intent to use a support person shall name the support person,
24 identify the relationship the support person has with the wit-
25 ness, and shall give notice to all parties to the
proceeding
26 that the witness may request that the named support person sit
27 with the witness when the witness is called upon to testify
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1 during any stage of the proceeding. The notice of intent to use
2 a named support person shall be served upon all parties to the
3 proceeding. The agency shall rule on any objection to the use of
4 a named support person prior to the date at which the witness
5 desires to use the support person.
6 (5) In a hearing under this section, all persons not neces-
7 sary to the proceeding shall be excluded during the witness's
8 testimony.
9 (6) This section is in addition to other protections or pro-
10 cedures afforded to a witness by law or court rule.
11 (7) This section applies to hearings beginning on or
after
12 January 1, 1988.
13 (8) This section shall take effect January 1, 1988.
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