SB-0120, As Passed House, March 7, 2006

SUBSTITUTE FOR

SENATE BILL NO. 120

     A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 27b to chapter VIII.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER VIII

Sec. 27b. (1) Except as provided in subsection (4), in a

criminal action in which the defendant is accused of an offense

involving domestic violence, evidence of the defendant's commission

of other acts of domestic violence is admissible for any purpose

for which it is relevant, if it is not otherwise excluded under

Michigan Rule of Evidence 403.

     (2) If the prosecuting attorney intends to offer evidence

under this section, the prosecuting attorney shall disclose the

evidence, including the statements of witnesses or a summary of the

substance of any testimony that is expected to be offered, to the

defendant not less than 15 days before the scheduled date of trial

or at a later time as allowed by the court for good cause shown.

     (3) This section does not limit or preclude the admission or

consideration of evidence under any other statute, rule of

evidence, or case law.

     (4) Evidence of an act occurring more than 10 years before the

charged offense is inadmissible under this section, unless the

court determines that admitting this evidence is in the interest of

justice.

     (5) As used in this section:

     (a) "Domestic violence" or "offense involving domestic

violence" means an occurrence of 1 or more of the following acts by

a person that is not an act of self-defense:

     (i) Causing or attempting to cause physical or mental harm to a

family or household member.

     (ii) Placing a family or household member in fear of physical

or mental harm.

     (iii) Causing or attempting to cause a family or household

member to engage in involuntary sexual activity by force, threat of

force, or duress.

     (iv) Engaging in activity toward a family or household member

that would cause a reasonable person to feel terrorized,

frightened, intimidated, threatened, harassed, or molested.

     (b) "Family or household member" means any of the following:

     (i) A spouse or former spouse.

Senate Bill No. 120 (S-4) as amended March 2, 2006

     (ii) An individual with whom the person resides or has resided.

     (iii) An individual with whom the person has or has had a child

in common.

     (iv) An individual with whom the person has or has had a dating

relationship. As used in this subparagraph, "dating relationship"

means frequent, intimate associations primarily characterized by

the expectation of affectional involvement. This term does not

include a casual relationship or an ordinary fraternization between

2 individuals in a business or social context.

[(6) This section applies to trials and evidentiary hearings commenced or in progress on or after May 1, 2006.]