HOUSE BILL No. 4765 May 15, 2001, Introduced by Reps. Scranton, Vander Veen and Godchaux and referred to the Committee on Criminal Justice. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding sections 27a and 27b to chapter VIII. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER VIII 2 SEC 27A. (1) EVIDENCE OF A STATEMENT BY A DECLARANT IS NOT 3 MADE INADMISSIBLE BY THE HEARSAY RULE IF ALL OF THE FOLLOWING 4 APPLY: 5 (A) THE STATEMENT PURPORTS TO NARRATE, DESCRIBE, OR EXPLAIN 6 THE INFLICTION OR THREAT OF PHYSICAL INJURY UPON THE DECLARANT. 7 (B) THE ACTION IN WHICH THE EVIDENCE IS OFFERED UNDER THIS 8 SECTION IS AN OFFENSE INVOLVING DOMESTIC VIOLENCE. 9 (C) THE STATEMENT WAS MADE AT OR NEAR THE TIME OF THE 10 INFLICTION OR THREAT OF PHYSICAL INJURY. EVIDENCE OF A STATEMENT 03739'01 TVD 2 1 MADE MORE THAN 5 YEARS BEFORE THE FILING OF THE CURRENT ACTION OR 2 PROCEEDING IS INADMISSIBLE UNDER THIS SECTION. 3 (D) THE STATEMENT WAS MADE UNDER CIRCUMSTANCES THAT WOULD 4 INDICATE THE STATEMENT'S TRUSTWORTHINESS. 5 (E) THE STATEMENT WAS MADE IN WRITING, WAS ELECTRONICALLY 6 RECORDED, OR WAS MADE TO A LAW ENFORCEMENT OFFICIAL. 7 (2) FOR THE PURPOSE OF SUBSECTION (1)(D), CIRCUMSTANCES REL- 8 EVANT TO THE ISSUE OF TRUSTWORTHINESS INCLUDE, BUT ARE NOT 9 LIMITED TO, ALL OF THE FOLLOWING: 10 (A) WHETHER THE STATEMENT WAS MADE IN CONTEMPLATION OF PEND- 11 ING OR ANTICIPATED LITIGATION IN WHICH THE DECLARANT WAS 12 INTERESTED. 13 (B) WHETHER THE DECLARANT HAS A BIAS OR MOTIVE FOR FABRICAT- 14 ING THE STATEMENT, AND THE EXTENT OF ANY BIAS OR MOTIVE. 15 (C) WHETHER THE STATEMENT IS CORROBORATED BY EVIDENCE OTHER 16 THAN STATEMENTS THAT ARE ADMISSIBLE ONLY UNDER THIS SECTION. 17 (3) A STATEMENT IS ADMISSIBLE UNDER THIS SECTION ONLY IF THE 18 PROPONENT OF THE STATEMENT MAKES KNOWN TO THE ADVERSE PARTY THE 19 INTENTION TO OFFER THE STATEMENT AND THE PARTICULARS OF THE 20 STATEMENT SUFFICIENTLY IN ADVANCE OF THE PROCEEDINGS IN ORDER TO 21 PROVIDE THE ADVERSE PARTY WITH A FAIR OPPORTUNITY TO PREPARE TO 22 MEET THE STATEMENT. 23 (4) AS USED IN THIS SECTION: 24 (A) "DECLARANT" MEANS A PERSON WHO MAKES A STATEMENT. 25 (B) "FAMILY OR HOUSEHOLD MEMBER" MEANS 1 OF THE FOLLOWING: 26 (i) A SPOUSE OR FORMER SPOUSE. 03739'01 3 1 (ii) AN INDIVIDUAL WITH WHOM THE PERSON RESIDES OR HAS 2 RESIDED. 3 (iii) AN INDIVIDUAL WITH WHOM THE PERSON HAS A CHILD IN 4 COMMON. 5 (C) "OFFENSE INVOLVING DOMESTIC VIOLENCE" MEANS AN OCCUR- 6 RENCE OF 1 OR MORE OF THE FOLLOWING ACTS BY A PERSON THAT IS NOT 7 AN ACT OF SELF-DEFENSE: 8 (i) CAUSING OR ATTEMPTING TO CAUSE PHYSICAL OR MENTAL HARM 9 TO A FAMILY OR HOUSEHOLD MEMBER. 10 (ii) PLACING A FAMILY OR HOUSEHOLD MEMBER IN FEAR OF PHYSI- 11 CAL OR MENTAL HARM. 12 (iii) CAUSING OR ATTEMPTING TO CAUSE A FAMILY OR HOUSEHOLD 13 MEMBER TO ENGAGE IN INVOLUNTARY SEXUAL ACTIVITY BY FORCE, THREAT 14 OF FORCE, OR DURESS. 15 (iv) ENGAGING IN ACTIVITY TOWARD A FAMILY OR HOUSEHOLD 16 MEMBER THAT WOULD CAUSE A REASONABLE PERSON TO FEEL TERRORIZED, 17 FRIGHTENED, INTIMIDATED, THREATENED, HARASSED, OR MOLESTED. 18 SEC. 27B. (1) EXCEPT AS PROVIDED IN SUBSECTION (4), IN A 19 CRIMINAL ACTION IN WHICH THE DEFENDANT IS ACCUSED OF AN OFFENSE 20 INVOLVING DOMESTIC VIOLENCE, EVIDENCE OF THE DEFENDANT'S COMMIS- 21 SION OF OTHER DOMESTIC VIOLENCE IS NOT MADE INADMISSIBLE BY 22 MICHIGAN RULE OF EVIDENCE 404 REGARDING CHARACTER EVIDENCE OR 23 EVIDENCE OF OTHER CRIMES, WRONGS, OR ACTS, IF THE EVIDENCE IS NOT 24 EXCLUDED UNDER THE MICHIGAN RULE OF EVIDENCE 403 REGARDING THE 25 PROBATIVE VALUE OF THE EVIDENCE. 26 (2) IN AN ACTION IN WHICH EVIDENCE IS OFFERED UNDER THIS 27 SECTION, THE PROSECUTION SHALL DISCLOSE THE EVIDENCE TO THE 03739'01 4 1 DEFENDANT, INCLUDING A WITNESS STATEMENT OR A SUMMARY OF THE 2 SUBSTANCE OF TESTIMONY THAT IS EXPECTED TO BE OFFERED. 3 (3) THIS SECTION DOES NOT LIMIT OR PRECLUDE THE ADMITTING OR 4 CONSIDERING OF EVIDENCE UNDER ANY OTHER STATUTE, RULE OF EVI- 5 DENCE, OR CASE LAW. 6 (4) EVIDENCE OF AN ACT OCCURRING MORE THAN 10 YEARS BEFORE 7 THE CHARGED OFFENSE IS INADMISSIBLE UNDER THIS SECTION, UNLESS 8 THE COURT DETERMINES THAT ADMITTING THIS EVIDENCE IS IN THE 9 INTEREST OF JUSTICE. 10 (5) AS USED IN THIS SECTION: 11 (A) "FAMILY OR HOUSEHOLD MEMBER" MEANS 1 OF THE FOLLOWING: 12 (i) A SPOUSE OR FORMER SPOUSE. 13 (ii) AN INDIVIDUAL WITH WHOM THE PERSON RESIDES OR HAS 14 RESIDED. 15 (iii) AN INDIVIDUAL WITH WHOM THE PERSON HAS A CHILD IN 16 COMMON. 17 (B) "OFFENSE INVOLVING DOMESTIC VIOLENCE" MEANS AN OCCUR- 18 RENCE OF 1 OR MORE OF THE FOLLOWING ACTS BY A PERSON THAT IS NOT 19 AN ACT OF SELF-DEFENSE: 20 (i) CAUSING OR ATTEMPTING TO CAUSE PHYSICAL OR MENTAL HARM 21 TO A FAMILY OR HOUSEHOLD MEMBER. 22 (ii) PLACING A FAMILY OR HOUSEHOLD MEMBER IN FEAR OF PHYSI- 23 CAL OR MENTAL HARM. 24 (iii) CAUSING OR ATTEMPTING TO CAUSE A FAMILY OR HOUSEHOLD 25 MEMBER TO ENGAGE IN INVOLUNTARY SEXUAL ACTIVITY BY FORCE, THREAT 26 OF FORCE, OR DURESS. 03739'01 5 1 (iv) ENGAGING IN ACTIVITY TOWARD A FAMILY OR HOUSEHOLD 2 MEMBER THAT WOULD CAUSE A REASONABLE PERSON TO FEEL TERRORIZED, 3 FRIGHTENED, INTIMIDATED, THREATENED, HARASSED, OR MOLESTED. 03739'01 Final page. 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