SENATE BILL NO. 1191


   June 4, 1998, Introduced by Senator SCHWARZ and referred to the
        Committee on Families, Mental Health and Human Services.



        A bill to amend 1985 PA 87, entitled

   "Crime victim's rights act,"

   by amending sections 2, 6, 13a, 20a, 31, 36, 41a, and 48 (MCL

   780.752, 780.756, 780.763a, 780.770a, 780.781, 780.786, 780.791a,

   and 780.798), sections 2, 6, and 36 as amended and sections 13a,

   20a, and 41a as added by 1993 PA 341, section 31 as amended by

   1996 PA 82, and section 48 as amended by 1996 PA 105.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  (1) As used in this article:

 2         (A) "COUNTY JUVENILE AGENCY" MEANS THAT TERM AS DEFINED IN

 3    SECTION 2 OF THE COUNTY JUVENILE AGENCY ACT.

 4         (B)  (a)  "Crime" means a violation of a penal
             law of this

 5    state for which the offender, upon conviction, may be punished by

 6    imprisonment for more than 1 year  ,  or an offense
             expressly

 7    designated by law  to be  AS a felony.


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 1         (C)  (b)  "Defendant" means a person charged
             with or

 2    convicted of  having committed  COMMITTING a crime
             against a

 3    victim.

 4         (D)  (c)  "Final disposition" means the
             ultimate termination

 5    of the criminal prosecution of a defendant including, but not

 6    limited to, dismissal, acquittal, or imposition of sentence by

 7    the court.

 8         (E)  (d)  "Juvenile" means a person within the
             jurisdiction

 9    of the circuit court under section 606 of the revised judicature

10    act of 1961,  Act No. 236 of the Public Acts of 1961, being
             sec-

11     tion 600.606 of the Michigan Compiled Laws, or within the
                       juris-

12     diction of the recorder's court of the city of Detroit under
                       sec-

13     tion 10a(1)(c) of Act No. 369 of the Public Acts of 1919,
                       being

14     section 725.10a of the Michigan Compiled Laws  1961
                       PA 236, MCL

15    600.606.

16         (F)  (e)  "Juvenile facility" means a county
             facility,

17    institution operated as an agency of the county or the 
             juvenile 

18    FAMILY division of  the probate  CIRCUIT court, or
              a state  AN

19    institution or agency described in the youth rehabilitation serv-

20    ices act,  Act No. 150 of the Public Acts of 1974, being
             sections

21     803.301 to 803.309 of the Michigan Compiled Laws 
                       1974 PA 150,

22    MCL 803.301 TO 803.309, to which a juvenile has been committed or

23    in which a juvenile is detained.

24         (G)  (f)  "Person" means an individual,
             organization, part-

25    nership, corporation, or governmental entity.

26         (H)  (g)  "Prisoner" means a person who has
             been convicted

27    and sentenced to imprisonment or placement in a juvenile facility



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 1    for having committed a crime or an act that would be a crime if

 2    committed by an adult against a victim.

 3         (I)  (h)  "Prosecuting attorney" means the
             prosecuting

 4    attorney for a county, an assistant prosecuting attorney for a

 5    county, the attorney general, the deputy attorney general, an

 6    assistant attorney general, or a special prosecuting attorney.

 7         (J)  (i)  "Victim", except as otherwise
             defined in this

 8    article, means any of the following:

 9         (i) An individual who suffers direct or threatened
             physical,

10    financial, or emotional harm as a result of the commission of a

11    crime, except as provided in subparagraph (ii), (iii),
             or (iv).

12         (ii) The following individuals other than the defendant
             if

13    the victim is deceased:

14         (A) The spouse of the deceased victim.

15         (B) A child of the deceased victim if the child is 18 years

16    of age or older and sub-subparagraph (A) does not apply.

17         (C) A parent of a deceased victim if sub-subparagraphs (A)

18    and (B) do not apply.

19         (D) The guardian or custodian of a child of a deceased

20    victim if the child is less than 18 years of age and

21    sub-subparagraphs (A) to (C) do not apply.

22         (E) A sibling of the deceased victim if sub-subparagraphs

23    (A) to (D) do not apply.

24         (F) A grandparent of the deceased victim if

25    sub-subparagraphs (A) to (E) do not apply.







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 1         (iii) A parent, guardian, or custodian of a victim who
             is

 2    less than 18 years of age if the parent, guardian, or custodian

 3    so chooses.

 4         (iv) A parent, guardian, or custodian of a victim who is

 5    mentally or emotionally unable to participate in the legal

 6    process.

 7         (2) If a victim as defined in subsection 
             (1)(i)(i) 

 8    (1)(J)(i) is physically or emotionally unable to exercise the

 9    privileges and rights under this article, the victim may desig-

10    nate his or her spouse,  or a  child 18 years of
             age or older,

11    parent, sibling, or grandparent  of the victim  to
             act in HIS OR

12    HER place  of the victim during the duration of 
             WHILE the physi-

13    cal or emotional disability CONTINUES.  The victim shall provide

14    the prosecuting attorney with the name of the person who is to

15    act in HIS OR HER place.  of the victim.  During
             the physical or

16    emotional disability, notices to be provided under this article

17    to the victim shall continue to be sent only to the victim.

18         Sec. 6.  (1) Not later than 7 days after the DEFENDANT'S

19    arraignment  of the defendant  for a crime, but not
             less than 24

20    hours before a preliminary examination, the prosecuting attorney

21    shall give to each victim a written notice in plain English of

22    each of the following:

23         (a) A brief statement of the procedural steps in the pro-

24    cessing of a criminal case.

25         (b) A specific list of the rights and procedures under this

26    article.





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 1         (c) Details and eligibility requirements under  Act No.
             223

 2     of the Public Acts of 1976, being sections 18.351 to 18.368
                       of

 3     the Michigan Compiled Laws  1976 PA 223, MCL 18.351
                       TO 18.368.

 4         (d) Suggested procedures if the victim is subjected to

 5    threats or intimidation.

 6         (e) The person to contact for further information.

 7         (2) If  requested by  the victim REQUESTS, the
             prosecuting

 8    attorney shall give  to  the victim notice of any
             scheduled court

 9    proceedings and  notice of  any changes in that
             schedule.

10         (3) Before finalizing any negotiation that may result in a

11    dismissal, plea or sentence bargain, or pretrial diversion, the

12    prosecuting attorney shall offer the victim the opportunity to

13    consult with the prosecuting attorney to obtain the VICTIM'S

14    views  of the victim  about the disposition of the
             prosecution

15    for the crime, including the victim's views about dismissal, plea

16    or sentence negotiations, and pretrial diversion programs.

17         (4) A victim who receives a notice under subsection (1) and

18    who chooses to receive any other notice or notices under this

19    article shall keep the following persons informed of the victim's

20    current address and telephone number:

21         (a) The prosecuting attorney, until final disposition or

22    completion of the appellate process, whichever occurs later.

23         (b) The department of corrections or the sheriff as

24     directed by  the prosecuting attorney DIRECTS if
             the defendant

25    is imprisoned.







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 1         (c) The  department of social services  FAMILY
             INDEPENDENCE

 2    AGENCY OR COUNTY JUVENILE AGENCY AS THE PROSECUTING ATTORNEY

 3    DIRECTS if the defendant is held in a juvenile facility.

 4         Sec. 13a.  When a defendant is sentenced to a term of

 5    imprisonment or ordered to be placed in a juvenile facility, the

 6    prosecuting attorney shall provide the victim with a form the

 7    victim may submit to receive the notices provided for under

 8    section 19 or 20a.  The form shall include the address of the

 9    department of corrections, the sheriff,  or the department
             of

10     social services  THE FAMILY INDEPENDENCE AGENCY, OR
                       THE COUNTY

11    JUVENILE AGENCY, as applicable, to which the form may be sent.

12         Sec. 20a.  (1) Upon A VICTIM'S written request,  of a
             victim

13     of a crime,  the  department of social
                       services  FAMILY INDEPEN-

14    DENCE AGENCY OR COUNTY JUVENILE AGENCY, AS APPLICABLE, shall make

15    a good faith effort to notify the victim before either of the

16    following occurs:

17         (a) A juvenile is dismissed from court jurisdiction or dis-

18    charged from  the department of social services jurisdiction
             

19    COMMITMENT TO THE FAMILY INDEPENDENCE AGENCY OR COUNTY JUVENILE

20    AGENCY.

21         (b) A juvenile is transferred from a secure juvenile facil-

22    ity to a nonsecure juvenile facility.

23         (2) If the  department of social services 
             FAMILY INDEPEN-

24    DENCE AGENCY OR COUNTY JUVENILE AGENCY is not successful in noti-

25    fying the victim before an event described in subsection 
             (1)(a)

26     or (b)  (1) occurs,  the department of
                       social services  IT shall

27    notify the victim as soon as possible after  the occurrence
             of



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 1    the  THAT event  described in subsection
             (1)(a) or (b)  OCCURS by

 2    any means reasonably calculated to give prompt actual notice.

 3         (3) Upon the victim's written request, the  department
             of

 4     social services  FAMILY INDEPENDENCE AGENCY OR
                       COUNTY JUVENILE

 5    AGENCY, AS APPLICABLE, shall give to the victim notice of a

 6    juvenile's escape.  A victim who requests notice of an escape

 7    shall be given immediate notice of the escape by any means rea-

 8    sonably calculated to give prompt actual notice.  If the escape

 9    occurs before the juvenile is delivered to the  department
             of

10     social services  FAMILY INDEPENDENCE AGENCY OR
                       COUNTY JUVENILE

11    AGENCY, the agency in charge of the juvenile's detention shall

12    give notice of the escape to the  department of social
             services 

13    FAMILY INDEPENDENCE AGENCY OR COUNTY JUVENILE AGENCY, which shall

14    then give notice of the escape to the victim who requested

15    notice.

16         Sec. 31.  (1) As used in this article:

17         (A) "COUNTY JUVENILE AGENCY" MEANS THAT TERM AS DEFINED IN

18    SECTION 2 OF THE COUNTY JUVENILE AGENCY ACT.

19         (B)  (a)  "Court" means the juvenile division
             of the probate

20    court.

21         (C)  (b)  "Juvenile" means  a child
              AN INDIVIDUAL alleged

22    or found to be within the COURT'S jurisdiction  of the
             juvenile

23     division of the probate court pursuant to  UNDER
                       section 2(a)(1)

24    of chapter XIIA of  Act No. 288 of the Public Acts of 1939,
             being

25     section 712A.2 of the Michigan Compiled Laws  1939
                       PA 288, MCL

26    712A.2, for an offense.





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 1         (D)  (c)  "Juvenile facility" means a county
             facility, an

 2    institution operated as an agency of the county or the 
             juvenile

 3     division of the probate  court, or  a state
                        AN institution or

 4    agency described in the youth rehabilitation services act, 
             Act

 5     No. 150 of the Public Acts of 1974, being sections 803.301
                       to

 6     803.309 of the Michigan Compiled Laws  1974 PA 150,
                       MCL 803.301

 7    TO 803.309, to which a juvenile has been committed or in which a

 8    juvenile is detained.

 9         (E)  (d)  "Offense" means 1 or more of the
             following:

10         (i) A violation of a penal law of this state for which a

11    juvenile offender, if convicted as an adult, may be punished by

12    imprisonment for more than 1 year  ,  or an offense
             expressly

13    designated by law  to be  AS a felony.

14         (ii) A violation of section 81, 81a, 115, 136b(5), 145a,

15    234, 235, 335a, or 411h of the Michigan penal code,  Act No.
             328

16     of the Public Acts of 1931, being sections  1931 PA
                       328, MCL

17    750.81, 750.81a, 750.115, 750.136b, 750.145a, 750.234, 750.235,

18    750.335a, and 750.411h.  of the Michigan Compiled Laws.
             

19         (iii) A violation of section 617a of the Michigan
             vehicle

20    code,  Act No. 300 of the Public Acts of 1949, being section

21     257.617a of the Michigan Compiled Laws  1949 PA
                       300, MCL

22    257.617A, or a violation of section 625 of  Act No. 300 of
             the

23     Public Acts of 1949, being section 257.625 of the Michigan

24     Compiled Laws  THAT ACT, MCL 257.625, if the
                       violation involves

25    an accident resulting in damage to another individual's property

26    or physical injury or death to another individual.





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 1         (iv) Selling or furnishing alcoholic liquor to an
             individual

 2    less than 21 years of age in violation of section 33 of the

 3     Michigan liquor control act, Act No. 8 of the Extra Session
             of

 4     the Public Acts of 1933, being section 436.33 of the
                       Michigan

 5     Compiled Laws  FORMER 1933 (EX SESS) PA 8, OR
                       SECTION 701 OF THE

 6    MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1701,

 7    if the violation results in physical injury or death to any

 8    individual.

 9         (v) A violation of section  80176 of part 801
             (marine

10     safety)  80176(1) OR (3) of the natural resources
                       and environmen-

11    tal protection act,  Act No. 451 of the Public Acts of 1994,

12     being section 324.80176 of the Michigan Compiled Laws,
                       operating

13     a vessel while under the influence of or impaired by
                       intoxicating

14     liquor or a controlled substance, or with an unlawful blood
                       alco-

15     hol content  1994 PA 451, MCL 324.80176, if the
                       violation

16    involves an accident resulting in damage to another individual's

17    property or physical injury or death to any individual.

18         (vi) A violation of a local ordinance substantially
             corre-

19    sponding to a  violation  LAW enumerated in
             subparagraphs (i) to

20    (v).

21         (vii) A violation described in subparagraphs (i)
             to (vi)

22    that is subsequently reduced to a violation not included in sub-

23    paragraphs (i) to (vi).

24         (F)  (e)  "Person" means an individual,
             organization, part-

25    nership, corporation, or governmental entity.

26         (G)  (f)  "Prosecuting attorney" means the
             prosecuting

27    attorney for a county, an assistant prosecuting attorney for a



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 1    county, the attorney general, the deputy attorney general, an

 2    assistant attorney general, a special prosecuting attorney, or in

 3    connection with the prosecution of an ordinance violation, an

 4    attorney for the political subdivision that enacted the ordinance

 5    upon which the violation is based.

 6         (H)  (g)  "Victim", except as otherwise
             defined in this

 7    article, means any of the following:

 8         (i) A person who suffers direct or threatened physical,

 9    financial, or emotional harm as a result of the commission of an

10    offense, except as provided in subparagraph (ii),
             (iii), or

11    (iv).

12         (ii) The following individuals other than the juvenile

13     offender  if the victim is deceased:

14         (A) The spouse of the deceased victim.

15         (B) A child of the deceased victim if the child is 18 years

16    of age or older and sub-subparagraph (A) does not apply.

17         (C) A parent of a deceased victim if sub-subparagraphs (A)

18    and (B) do not apply.

19         (D) The guardian or custodian of a child of a deceased

20    victim if the child is less than 18 years of age and

21    sub-subparagraphs (A) to (C) do not apply.

22         (E) A sibling of the deceased victim if sub-subparagraphs

23    (A) to (D) do not apply.

24         (F) A grandparent of the deceased victim if

25    sub-subparagraphs (A) to (E) do not apply.







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 1         (iii) A parent, guardian, or custodian of a victim who
             is

 2    less than 18 years of age if the parent, guardian, or custodian

 3    so chooses.

 4         (iv) A parent, guardian, or custodian of a victim who is

 5    mentally or emotionally unable to participate in the legal

 6    process.

 7         (2) If a victim as defined in subsection 
             (1)(g)(i) 

 8    (1)(H)(i) is physically or emotionally unable to exercise the

 9    privileges and rights under this article, the victim may desig-

10    nate his or her spouse,  or a  child 18 years of
             age or older,

11    parent, sibling, or grandparent  of the victim  to
             act in HIS OR

12    HER place  of the victim during the duration of 
             WHILE the physi-

13    cal or emotional disability CONTINUES.  The victim shall provide

14    the prosecuting attorney with the name of the person who is to

15    act in HIS OR HER place.  of the victim.  During
             the physical or

16    emotional disability, notices to be provided under this article

17    to the victim shall continue to be sent only to the victim.

18         Sec. 36.  (1) Within 72 hours after the prosecuting attorney

19    files or submits a petition seeking to invoke the court's juris-

20    diction for  a juvenile  AN offense, the
             prosecuting attorney, or

21     ,  THE COURT pursuant to an agreement under
             section 48a,  the

22     court  shall give to each victim a written notice
                       in plain

23    English of each of the following:

24         (a) A brief statement of the procedural steps in the pro-

25    cessing of a juvenile offense case, including the fact that a

26    juvenile may be waived to the court of general criminal

27    jurisdiction.



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 1         (b) A specific list of the rights and procedures under this

 2    article.

 3         (c) Details and eligibility requirements under  Act No.
             223

 4     of the Public Acts of 1976, being sections 18.351 to 18.368
                       of

 5     the Michigan Compiled Laws  1976 PA 223, MCL 18.351
                       TO 18.368.

 6         (d) Suggested procedures if the victim is subjected to

 7    threats or intimidation.

 8         (e) The person to contact for further information.

 9         (2) If  requested by  the victim REQUESTS, the
             prosecuting

10    attorney, or  ,  THE COURT pursuant to an agreement
             under

11    section 48a,  the court  shall give  to
              the victim notice of any

12    scheduled court proceedings and  notice of  any
             changes in that

13    schedule.

14         (3) If the juvenile has not already entered a plea of admis-

15    sion or no contest to the original charge at the preliminary

16    hearing, the prosecuting attorney shall offer the victim the

17    opportunity to consult with the prosecuting attorney to obtain

18    the victim's views about the disposition of the offense, includ-

19    ing the victim's views about dismissal, waiver, and pretrial

20    diversion programs, before finalizing any agreement to reduce the

21    original charge.

22         (4) Before placing a juvenile in a pretrial diversion pro-

23    gram for committing a violation that if committed by an adult

24    would be a crime or a serious misdemeanor, the court shall

25     provide  GIVE the victim  with 
             an opportunity to be heard

26    regarding that placement.  The victim has the right to make a





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 1    statement at the hearing  ,  OR submit a written
             statement, or

 2    both.  As used in this subsection:

 3         (a) "Crime" means that term as defined in section 2.

 4         (b) "Serious misdemeanor" means that term as defined in sec-

 5    tion 61.

 6         (5)  The  A victim who receives a notice under

 7    subsection (1) and  who  chooses to receive any
             other notice  or

 8     notices  under this article shall keep the
                       following persons

 9    informed of the victim's current address and telephone number:

10         (a) The prosecuting attorney, or the court if  the
             prosecut-

11     ing attorney and the court have entered into  an
                       agreement under

12    section 48a EXISTS.

13         (b) If the juvenile is made a PUBLIC ward,  of the
             state,

14     the department of social services  THE FAMILY
                       INDEPENDENCE AGENCY

15    OR COUNTY JUVENILE AGENCY, AS APPLICABLE.

16         Sec. 41a.  When a juvenile is ordered to be placed in a

17    juvenile facility, the prosecuting attorney, or  , 
             THE COURT

18    pursuant to an agreement under section 48a,  the court,
              shall

19    provide the victim with a form the victim may submit to receive

20    the notices from the  department of social services
              FAMILY INDE-

21    PENDENCE AGENCY OR COUNTY JUVENILE AGENCY, AS APPLICABLE, pro-

22    vided for under section 48.  The form shall include the address

23    of the  department of social services  FAMILY
             INDEPENDENCE AGENCY

24    OR COUNTY JUVENILE AGENCY to which the form may be sent.

25         Sec. 48.  (1) Upon THE VICTIM'S written request, the court

26    or the  department of social services  FAMILY
             INDEPENDENCE AGENCY





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 1    OR COUNTY JUVENILE AGENCY, AS APPLICABLE, shall make a good faith

 2    effort to notify the victim before any of the following occurs:

 3         (a) The juvenile is dismissed from court jurisdiction or

 4    discharged from  the department of social services
             jurisdiction 

 5    COMMITMENT TO THE FAMILY INDEPENDENCE AGENCY OR COUNTY JUVENILE

 6    AGENCY.

 7         (b) The juvenile is transferred from a secure juvenile

 8    facility to a nonsecure juvenile facility.

 9         (c) The juvenile has his or her name legally changed while

10    under the COURT'S jurisdiction  of the probate court
              or within 2

11    years  of  AFTER discharge from the COURT'S
             jurisdiction.  of the

12     probate court. 

13         (2) If the court,  or department of social services
              FAMILY

14    INDEPENDENCE AGENCY, OR COUNTY JUVENILE AGENCY is not successful

15    in notifying the victim before an event described in

16    subsection (1)(a), (b), or (c) occurs,  the court or
             department

17     of social services  IT shall notify the victim as
                       soon as possi-

18    ble after  the occurrence of the  THAT event
              described in

19     subsection (1)(a), (b), or (c)  OCCURS.

20         (3) Upon the victim's written request, the  department
             of

21     social services  FAMILY INDEPENDENCE AGENCY, COUNTY
                       JUVENILE

22    AGENCY, or  the  court shall give to the victim
             notice of a

23    juvenile's escape from a secure detention or treatment facility.

24    A victim who requests notice of an escape shall be given immedi-

25    ate notice of the escape by any means reasonably calculated to

26    give prompt actual notice.





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 1         (4) Upon the victim's request, the prosecuting attorney

 2    shall give the victim notice of a review hearing conducted under

 3    section 18 of chapter XIIA of  Act No. 288 of the Public
             Acts of

 4     1939, being section 712A.18 of the Michigan Compiled Laws
                        1939

 5    PA 288, MCL 712A.18.  The victim has the right to make a state-

 6    ment at the hearing  ,  OR submit a written
             statement for use at

 7    the hearing, or both.

 8         Enacting section 1.  This amendatory act does not take

 9    effect unless all of the following bills of the 89th Legislature

10    are enacted into law:

11         (a) Senate Bill No. 1183.

12     

13         (b) Senate Bill No. 1184.

14     

15         (c) Senate Bill No. 1185.

16     

17         (d) Senate Bill No. 1186.

18     

19         (e) Senate Bill No. 1187.

20     

21         (f) Senate Bill No. 1196.

22     

23         (g) Senate Bill No. 1197.

24     
   








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