HB-6455, As Passed House, September 19, 2006

HOUSE BILL No. 6455

September 12, 2006, Introduced by Rep. Van Regenmorter and referred to the Committee on Judiciary.

A bill to amend 1985 PA 87, entitled

"William Van Regenmorter crime victim's rights act,"

by amending sections 13a, 16a, 17a, 31, 41a, 44a, 46b, 61, 76a,

78a, and 80a (MCL 780.763a, 780.766a, 780.767a, 780.781, 780.791a,

780.794a, 780.796b, 780.811, 780.826a, 780.828a, and 780.830a),

sections 13a, 16a, 31, 44a, 61, and 76a as amended and sections

17a, 46b, and 80a as added by 2005 PA 184 and sections 41a and 78a

as amended by 2000 PA 503, and by adding sections 2a, 18b, 31a,

45a, 61b, and 77b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2a. The duty under this chapter and under section 24 of

article I of the state constitution of 1963 of a court, the

department of corrections, the department of human services, a

county sheriff, or a prosecuting attorney to provide a notice to a

victim also applies if the case against the defendant is resolved

by assignment of the defendant to trainee status, by a delayed

sentence or deferred judgment of guilt, or in another way that is

not an acquittal or unconditional dismissal. In performing a duty

under this chapter or under section 24 of article I of the state

constitution of 1963, the court, department of corrections,

department of human services, county sheriff, or prosecuting

attorney may furnish information or records to the victim that

would otherwise be closed to public inspection, including

information or records described in section 14 of chapter II of the

code of criminal procedure, 1927 PA 175, MCL 762.14.

Sec. 13a. (1) When a defendant is sentenced to probation,

sentenced to a term of imprisonment, ordered to be placed in a

juvenile facility, or hospitalized in or admitted to a hospital or

a facility, the prosecuting attorney shall provide the victim with

a form the victim may submit to receive the notices provided for

under section 18b, 19, 19a, 20, or 20a. The form shall include the

address of the court, the department of corrections, the sheriff,

the department of human services, the county juvenile agency, or

the hospital or facility, as applicable, to which the form may be

sent.

(2) If the defendant is sentenced to probation, the department

of corrections or the sheriff, as applicable, shall notify the

victim if the probation is revoked and the defendant is sentenced

to the department of corrections or to jail for more than 90 days.

The notice shall include a form the victim may submit to the

department of corrections or the sheriff to receive notices under

section 19, 20, or 20a.

(3) If the department of corrections determines that a

defendant who was, in the defendant's judgment of sentence, not

prohibited from being or permitted to be placed in the special

alternative incarceration unit established under section 3 of the

special alternative incarceration act, 1988 PA 287, MCL 798.13,

meets the eligibility requirements of section 34a(2) and (3) of the

corrections code of 1953, 1953 PA 232, MCL 791.234a, the department

of corrections shall notify the victim, if the victim has submitted

a written request for notification under section 19, of the

proposed placement of the defendant in the special alternative

incarceration unit not later than 30 days before placement is

intended to occur. In making the decision on whether or not to

object to the placement of the defendant in a special alternative

incarceration unit as required by section 34a(4) of the corrections

code of 1953, 1953 PA 232, MCL 791.234a, the sentencing judge or

the judge's successor shall review an impact statement submitted by

the victim under section 14.

Sec. 16a. (1) If a person is subject to any combination of

fines, costs, restitution, assessments, probation or parole

supervision fees, or other payments arising out of the same

criminal proceeding, money collected from that person for the

payment of fines, costs, restitution, assessments, probation or

parole supervision fees, or other payments ordered to be paid in

that proceeding shall be allocated as provided in this section. If

a person is subject to fines, costs, restitution, assessments,

probation or parole supervision fees, or other payments in more

than 1 proceeding in a court and if a person making a payment on

the fines, costs, restitution, assessments, probation or parole

supervision fees, or other payments does not indicate the

proceeding for which the payment is made, the court shall first

apply the money paid to a proceeding in which there is unpaid

restitution to be allocated as provided in this section.

(2) Except as otherwise provided in this subsection, if a

person is subject to payment of victim payments and any combination

of other fines, costs, assessments, probation or parole supervision

fees, or other payments, 50% of each payment collected by the court

from that person shall be applied to payment of victim payments,

and the balance shall be applied to payment of fines, costs,

supervision fees, and other assessments or payments. If a person

making a payment indicates that the payment is to be applied to

victim payments, or if the payment is received as a result of a

wage assignment under section 16 or from the department of

corrections or sheriff under section 17a, the payment shall first

be applied to victim payments. If any fines, costs, supervision

fees, or other assessments or payments remain unpaid after all of

the victim payments have been paid, any additional money collected

shall be applied to payment of those fines, costs, supervision

fees, or other assessments or payments. If any victim payments

remain unpaid after all of the fines, costs, supervision fees, or

other assessments or payments have been paid, any additional money

collected shall be applied ~~toward~~ to payment of those victim

payments.

(3) In cases involving prosecutions for violations of state

law, money allocated under subsection (2) for payment of fines,

costs, probation and parole supervision fees, and assessments or

payments other than victim payments shall be applied in the

following order of priority:

(a) Payment of the minimum state cost prescribed by section 1j

of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.1j.

(b) Payment of other costs.

(d) Payment of probation or parole supervision fees.

(e) Payment of assessments and other payments, including

reimbursement to third parties who reimbursed a victim for his or

her loss.

(4) In cases involving prosecutions for violations of local

ordinances, money allocated under subsection (2) for payment of

fines, costs, and assessments or payments other than victim

payments shall be applied in the following order of priority:

(a) Payment of the minimum state cost prescribed by section 1j

of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.1j.

(b) Payment of fines and other costs.

(5) As used in this section, "victim payment" means

restitution ordered to be paid to the victim or the victim's

estate, but not to a person who reimbursed the victim for his or

her loss; or an assessment ordered under section 5 of 1989 PA 196,

MCL 780.905.

Sec. 17a. (1) If a defendant who has been sentenced to the

department of corrections is ordered to pay restitution under

section 16, and if the defendant receives more than $50.00 in a

month, the department of corrections shall deduct 50% of the amount

over $50.00 received by the defendant for payment of the

restitution. The department of corrections shall promptly send the

deducted money to the court or to the crime victim as provided in

the order of restitution when it accumulates to an amount that

exceeds $100.00, or when the defendant is paroled, transferred to

community programs, or discharged on the maximum sentence.

(2) If a defendant who has been sentenced to jail is ordered

to pay restitution under section 16, and if the defendant receives

more than $50.00 in a month, the sheriff ~~shall~~ may deduct 50% of

the amount over $50.00 received by the defendant for payment of the

restitution, and 5% of the amount over $50.00 received by the

defendant to be retained by the sheriff as an administrative fee.

The sheriff shall promptly send the ~~deducted~~ money deducted for

restitution to the court or to the crime victim as provided in the

order of restitution when it accumulates to an amount that exceeds

$100.00, or when the defendant is released to probation or

discharged on the maximum sentence.

(3) The department of corrections or sheriff, as applicable,

shall notify the defendant and the court in writing of all

deductions and payments made under this section. The requirements

of this section remain in effect until all of the restitution has

been paid. The department of corrections or sheriff shall not enter

into any agreement with a defendant that modifies the requirements

of this section. An agreement in violation of this subsection is

void.

Sec. 18b. If a defendant is sentenced to probation with a

condition for the protection of the victim and if requested by the

victim, the court shall notify the victim by mail if the court

orders that the probation be terminated earlier than previously

ordered.

Sec. 31. (1) Except as otherwise defined in this article, as

used in this article:

(a) "County juvenile agency" means that term as defined in

section 2 of the county juvenile agency act, 1998 PA 518, MCL

45.622.

(b) "Court" means the family division of circuit court.

which the juvenile is to be tried in the same manner as an adult

under section 2d of chapter XIIA of the probate code of 1939, 1939

PA 288, MCL 712A.2d.

(d) "Juvenile" means an individual alleged or found to be

within the court's jurisdiction under section 2(a)(1) of chapter

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, for an

offense, including, but not limited to, an individual in a

designated case.

(e) "Juvenile facility" means a county facility, an

institution operated as an agency of the county or the court, or an

institution or agency described in the youth rehabilitation

services act, 1974 PA 150, MCL 803.301 to 803.309, to which a

juvenile has been committed or in which a juvenile is detained.

(f) "Offense" means 1 or more of the following:

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

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

imprisonment for more than 1 year or an offense expressly

designated by law as a felony.

(ii) A violation of section 81 (assault and battery, including

domestic violence), 81a (assault; infliction of serious injury,

including aggravated domestic violence), 115 (breaking and entering

or illegal entry), 136b(6) (child abuse in the fourth degree), 145

(contributing to the neglect or delinquency of a minor), ~~145a~~

~~(enticing a child for immoral purposes),~~ 145d (using the internet

or a computer to make a prohibited communication), 233

(intentionally aiming a firearm without malice), 234 (discharge of

a firearm intentionally aimed at a person), 235 (discharge of an

intentionally aimed firearm resulting in injury), 335a (indecent

exposure), or 411h (stalking) of the Michigan penal code, 1931 PA

328, MCL 750.81, 750.81a, 750.115, 750.136b, 750.145, ~~750.145a,~~

750.145d, 750.233, 750.234, 750.235, 750.335a, and 750.411h.

(iii) A violation of section 601b(2) (injuring a worker in a

work zone) or 617a (leaving the scene of a personal injury

accident) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b

and 257.617a, or a violation of section 625 (operating a vehicle

while under the influence of or impaired by intoxicating liquor or

a controlled substance, or with unlawful blood alcohol content) of

that act, MCL 257.625, if the violation involves an accident

resulting in damage to another individual's property or physical

injury or death to another individual.

(iv) Selling or furnishing alcoholic liquor to an individual

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

1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in

physical injury or death to any individual.

(v) A violation of section 80176(1) or (3) (operating a vessel

while under the influence of or impaired by intoxicating liquor or

a controlled substance, or with unlawful blood alcohol content) of

the natural resources and environmental protection act, 1994 PA

451, MCL 324.80176, if the violation involves an accident resulting

in damage to another individual's property or physical injury or

death to any individual.

(vi) A violation of a local ordinance substantially

corresponding to a law enumerated in subparagraphs (i) to (v).

(vii) A violation described in subparagraphs (i) to (vi) that is

subsequently reduced to a violation not included in subparagraphs

(i) to (vi).

(g) "Person" means an individual, organization, partnership,

corporation, or governmental entity.

(h) "Prosecuting attorney" means the prosecuting attorney for

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

attorney general, the deputy attorney general, an assistant

attorney general, a special prosecuting attorney, or, in connection

with the prosecution of an ordinance violation, an attorney for the

political subdivision that enacted the ordinance upon which the

violation is based.

(i) "Victim" means any of the following:

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

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

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

(ii) The following individuals other than the juvenile if the

victim is deceased:

(A) The spouse of the deceased victim.

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

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

(B) do not apply.

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

if the child is less than 18 years of age and sub-subparagraphs (A)

to (C) do not apply.

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

to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs

(A) to (E) do not apply.

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

than 18 years of age and who is neither the defendant nor

incarcerated, if the parent, guardian, or custodian so chooses.

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

mentally or emotionally unable to participate in the legal process

if he or she is neither the defendant nor incarcerated.

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

physically or emotionally unable to exercise the privileges and

rights under this article, the victim may designate his or her

spouse, child 18 years of age or older, parent, sibling,

grandparent, or any other person 18 years of age or older who is

neither the defendant nor incarcerated to act in his or her place

while the physical or emotional disability continues. The victim

shall provide the prosecuting attorney with the name of the person

who is to act in his or her place. During the physical or emotional

disability, notices to be provided under this article to the victim

shall continue to be sent only to the victim.

(3) An individual who is charged with an offense arising out

of the same transaction from which the charge against the defendant

arose is not eligible to exercise the privileges and rights

established for victims under this article.

Sec. 31a. The duty under this chapter and under section 24 of

article I of the state constitution of 1963 of a court, the

department of corrections, the department of human services, a

county sheriff, or a prosecuting attorney to provide a notice to a

victim also applies if the case against the defendant is resolved

by assignment of the defendant to trainee status, by a delayed

sentence or deferred judgment of guilt, or in another way that is

not an acquittal or unconditional dismissal. In performing a duty

under this chapter or under section 24 of article I of the state

constitution of 1963, the court, department of corrections,

department of human services, county sheriff, or prosecuting

attorney may furnish information or records to the victim that

would otherwise be closed to public inspection, including

information or records described in section 14 of chapter II of the

code of criminal procedure, 1927 PA 175, MCL 762.14.

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

juvenile facility or sentenced to probation or to a term of

imprisonment, the prosecuting attorney, or the court pursuant to an

agreement under section 48a, shall provide the victim with a form

the victim may submit to receive the notices from the ~~family~~

~~independence agency~~ court, prosecuting attorney, department of

human services, or county juvenile agency, as applicable, provided

for under section 45a or 48. The form shall include the address of

the ~~family independence agency,~~ court, prosecuting attorney,

department of human services, county juvenile agency, department of

corrections, or the sheriff, as applicable, to which the form may

be sent.

Sec. 44a. (1) If a juvenile is subject to any combination of

fines, costs, restitution, assessments, probation or parole

supervision fees, or other payments arising out of the same

criminal proceeding, money collected from that juvenile for the

payment of fines, costs, restitution, assessments, probation or

parole supervision fees, or other payments ordered to be paid in

that proceeding shall be allocated as provided in this section. If

a person is subject to fines, costs, restitution, assessments,

probation or parole supervision fees, or other payments in more

than 1 proceeding in a court and if a person making a payment on

the fines, costs, restitution, assessments, probation or parole

supervision fees, or other payments does not indicate the

proceeding for which the payment is made, the court shall first

apply the money paid to a proceeding in which there is unpaid

restitution to be allocated as provided in this section.

(2) Except as otherwise provided in this subsection, if a

juvenile is subject to payment of victim payments and any

combination of other fines, costs, assessments, probation or parole

supervision fees, or other payments, 50% of each payment collected

by the court from that juvenile shall be applied to payment of

victim payments, and the balance shall be applied to payment of

fines, costs, supervision fees, and other assessments or payments.

If a person making a payment indicates that the payment is to be

applied to victim payments, or if the payment is received as a

result of a wage assignment under section 44 or from the department

of corrections, sheriff, department of human services, or county

juvenile agency under section 46b, the payment shall first be

applied to victim payments. If any fines, costs, supervision fees,

or other assessments or payments remain unpaid after all of the

victim payments have been paid, any additional money collected

shall be applied to payment of those fines, costs, supervision

fees, or other assessments or payments. If any victim payments

remain unpaid after all of the fines, costs, supervision fees, or

other assessments or payments have been paid, any additional money

collected shall be applied ~~toward~~ to payment of those victim

payments.

(3) In cases involving prosecutions for violations of state

law, money allocated under subsection (2) for payment of fines,

costs, probation and parole supervision fees, and assessments or

payments other than victim payments shall be applied in the

following order of priority:

(a) Payment of the minimum state cost prescribed by section 1j

of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.1j.

(b) Payment of other costs.

(d) Payment of probation or parole supervision fees.

(e) Payment of assessments and other payments, including

reimbursement to third parties who reimbursed a victim for his or

her loss.

(4) In cases involving prosecutions for violations of local

ordinances, money allocated under subsection (2) for payment of

fines, costs, and assessments or payments other than victim

payments shall be applied in the following order of priority:

(a) Payment of the minimum state cost prescribed by section 1j

of chapter IX of the code of criminal procedure, 1927 PA 175, MCL

769.1j.

(b) Payment of fines and other costs.

(5) As used in this section, "victim payment" means

restitution ordered to be paid to the victim or the victim's

estate, but not to a person who reimbursed the victim for his or

her loss; or an assessment ordered under section 5 of 1989 PA 196,

MCL 780.905.

Sec. 45a. If a juvenile is sentenced to probation with a

condition for the protection of the victim and if requested by the

victim, the court shall notify the victim by mail if the court

orders that the probation be terminated earlier than previously

ordered.

Sec. 46b. (1) If a juvenile who has been sentenced to the

department of corrections is ordered to pay restitution under

section 44, and if the juvenile receives more than $50.00 in a

month, the department of corrections shall deduct 50% of the amount

over $50.00 received by the juvenile for payment of the

restitution. The department of corrections shall promptly send the

deducted money to the court or to the crime victim as provided in

the order of restitution when it accumulates to an amount that

exceeds $100.00, or when the juvenile is paroled, transferred to

community programs, or discharged on the maximum sentence.

(2) If a juvenile who has been sentenced to jail is ordered to

pay restitution under section 44, and if the juvenile receives more

than $50.00 in a month, the sheriff ~~shall~~ may deduct 50% of the

amount over $50.00 received by the juvenile for payment of the

restitution, and 5% of the amount over $50.00 received by the

juvenile to be retained by the sheriff as an administrative fee.

The sheriff shall promptly send the ~~deducted~~ money deducted for

restitution to the court or to the crime victim as provided in the

order of restitution when it accumulates to an amount that exceeds

$100.00, or when the juvenile is released to probation or

discharged on the maximum sentence.

(3) If a juvenile who has been placed in a juvenile facility

is ordered to pay restitution under section 44, and if the juvenile

receives more than $50.00 in a month, the department of human

services or the county juvenile agency, as applicable, ~~shall~~ may

deduct 50% of the amount over $50.00 received by the juvenile for

payment of the restitution. The department of human services or the

county juvenile agency, as applicable, shall promptly send the

deducted money to the court or to the crime victim as provided in

the order of restitution when it accumulates to an amount that

exceeds $100.00, or when the juvenile is released from the juvenile

facility.

(4) The department of corrections, sheriff, department of

human services, or county juvenile agency, as applicable, shall

notify the juvenile and the court in writing of all deductions and

payments made under this section. The requirements of this section

remain in effect until all of the restitution has been paid. The

department of corrections, sheriff, department of human services,

or county juvenile agency shall not enter into any agreement with a

juvenile that modifies the requirements of this section. An

agreement in violation of this subsection is void.

Sec. 61. (1) Except as otherwise defined in this article, as

used in this article:

(a) "Serious misdemeanor" means 1 or more of the following:

(i) A violation of section 81 of the Michigan penal code, 1931

PA 328, MCL 750.81, assault and battery, including domestic

violence.

(ii) A violation of section 81a of the Michigan penal code,

1931 PA 328, MCL 750.81a, assault; infliction of serious injury,

including aggravated domestic violence.

(iii) A violation of section 115 of the Michigan penal code,

1931 PA 328, MCL 750.115, breaking and entering or illegal entry.

(iv) A violation of section 136b(6) of the Michigan penal code,

1931 PA 328, MCL 750.136b, child abuse in the fourth degree.

(v) A violation of section 145 of the Michigan penal code,

1931 PA 328, MCL 750.145, contributing to the neglect or

delinquency of a minor.

(vi~~) A violation of section 145a of the Michigan penal code,~~

~~1931 PA 328, MCL 750.145a, enticing a child for immoral purposes.~~

(vi) (~~vii~~) A misdemeanor violation of section 145d of the

Michigan penal code, 1931 PA 328, MCL 750.145d, using the internet

or a computer to make a prohibited communication.

(vii) (~~viii~~) A violation of section 233 of the Michigan penal

code, 1931 PA 238, MCL 750.233, intentionally aiming a firearm

without malice.

(viii) (ix) A violation of section 234 of the Michigan penal

code, 1931 PA 328, MCL 750.234, discharge of a firearm

intentionally aimed at a person.

(ix) (x) A violation of section 235 of the Michigan penal

code, 1931 PA 328, MCL 750.235, discharge of an intentionally aimed

firearm resulting in injury.

(x) (xi) A violation of section 335a of the Michigan penal

code, 1931 PA 328, MCL 750.335a, indecent exposure.

(xi) (~~xii~~) A violation of section 411h of the Michigan penal

code, 1931 PA 328, MCL 750.411h, stalking.

(xii) (~~xiii~~) A violation of section 601b(2) of the Michigan

vehicle code, 1949 PA 300, MCL 257.601b, injuring a worker in a

work zone.

(xiii) (~~xiv~~) A violation of section 617a of the Michigan

vehicle code, 1949 PA 300, MCL 257.617a, leaving the scene of a

personal injury accident.

(xiv) (xv) A violation of section 625 of the Michigan vehicle

code, 1949 PA 300, MCL 257.625, operating a vehicle while under the

influence of or impaired by intoxicating liquor or a controlled

substance, or with an unlawful blood alcohol content, if the

violation involves an accident resulting in damage to another

individual's property or physical injury or death to another

individual.

(xv) (~~xvi~~) Selling or furnishing alcoholic liquor to an

individual less than 21 years of age in violation of section 701 of

the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,

if the violation results in physical injury or death to any

individual.

(xvi) (~~xvii~~) A violation of section 80176(1) or (3) of the

natural resources and environmental protection act, 1994 PA 451,

MCL 324.80176, operating a vessel while under the influence of or

impaired by intoxicating liquor or a controlled substance, or with

an unlawful blood alcohol content, if the violation involves an

accident resulting in damage to another individual's property or

physical injury or death to any individual.

(xvii) (~~xviii~~) A violation of a local ordinance substantially

corresponding to a violation enumerated in subparagraphs (i) to

(~~xvii~~) (xvi).

(xviii) (~~xix~~) A violation charged as a crime or serious

misdemeanor enumerated in subparagraphs (i) to (~~xviii~~) (xvii) but

subsequently reduced to or pleaded to as a misdemeanor. As used in

this subparagraph, "crime" means that term as defined in section 2.

(b) "Defendant" means a person charged with or convicted of

having committed a serious misdemeanor against a victim.

criminal prosecution of a defendant including, but not limited to,

dismissal, acquittal, or imposition of a sentence by the court.

(d) "Person" means an individual, organization, partnership,

corporation, or governmental entity.

(e) "Prisoner" means a person who has been convicted and

sentenced to imprisonment for having committed a serious

misdemeanor against a victim.

(f) "Prosecuting attorney" means the prosecuting attorney for

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

attorney general, the deputy attorney general, an assistant

attorney general, a special prosecuting attorney, or, in connection

with the prosecution of an ordinance violation, an attorney for the

political subdivision that enacted the ordinance upon which the

violation is based.

(g) "Victim" means any of the following:

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

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

serious misdemeanor, except as provided in subparagraph (ii), (iii),

or (iv).

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

victim is deceased:

(A) The spouse of the deceased victim.

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

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

(B) do not apply.

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

if the child is less than 18 years of age and sub-subparagraphs (A)

to (C) do not apply.

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

to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs

(A) to (E) do not apply.

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

than 18 years of age and who is neither the defendant nor

incarcerated, if the parent, guardian, or custodian so chooses.

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

mentally incapacitated that he or she cannot meaningfully

understand or participate in the legal process if he or she is not

the defendant and is not incarcerated.

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

physically or emotionally unable to exercise the privileges and

rights under this article, the victim may designate his or her

spouse, child 18 years of age or older, parent, sibling, or

grandparent or any other person 18 years of age or older who is

neither the defendant nor incarcerated to act in his or her place

while the physical or emotional disability continues. The victim

shall provide the prosecuting attorney with the name of the person

who is to act in place of the victim. During the physical or

emotional disability, notices to be provided under this article to

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

(3) An individual who is charged with a serious misdemeanor, a

crime as defined in section 2, or an offense as defined in section

31 arising out of the same transaction from which the charge

against the defendant arose is not eligible to exercise the

privileges and rights established for victims under this article.

(4) An individual who is incarcerated is not eligible to

exercise the privileges and rights established for victims under

this article except that he or she may submit a written statement

to the court for consideration at sentencing.

Sec. 61b. The duty under this chapter and under section 24 of

article I of the state constitution of 1963 of a court, the

department of corrections, the department of human services, a

county sheriff, or a prosecuting attorney to provide a notice to a

victim also applies if the case against the defendant is resolved

by assignment of the defendant to trainee status, by a delayed

sentence or deferred judgment of guilt, or in another way that is

not an acquittal or unconditional dismissal. In performing a duty

under this chapter or under section 24 of article I of the state

constitution of 1963, the court, department of corrections,

department of human services, county sheriff, or prosecuting

attorney may furnish information or records to the victim that

would otherwise be closed to public inspection, including

information or records described in section 14 of chapter II of the

code of criminal procedure, 1927 PA 175, MCL 762.14.

Sec. 76a. (1) If a person is subject to any combination of