SB-0263, As Passed Senate, November 3, 2005

SUBSTITUTE FOR

SENATE BILL NO. 263

     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) Evidence of a statement by a declarant is

admissible if all of the following apply:

     (a) The statement purports to narrate, describe, or explain

the infliction or threat of physical injury upon the declarant.

     (b) The action in which the evidence is offered under this

section is an offense involving domestic violence.

     (c) The statement was made at or near the time of the

infliction or threat of physical injury. Evidence of a statement

made more than 5 years before the filing of the current action or

proceeding is inadmissible under this section.

     (d) The statement was made under circumstances that would

indicate the statement's trustworthiness.

     (e) The statement was made to a law enforcement officer, or to

a firefighter, a paramedic, or an emergency medical technician who

assisted the declarant at or near the time of the infliction of

physical injury or threat of physical injury.

     (2) For the purpose of subsection (1)(d), circumstances

relevant to the issue of trustworthiness include, but are not

limited to, all of the following:

     (a) Whether the statement was made in contemplation of pending

or anticipated litigation in which the declarant was interested.

     (b) Whether the declarant has a bias or motive for fabricating

the statement, and the extent of any bias or motive.

     (c) Whether the statement is corroborated by evidence other

than statements that are admissible only under this section.

     (3) 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.

     (4) Nothing in this section shall be construed to abrogate any

privilege conferred by law.

     (5) As used in this section:

     (a) "Declarant" means a person who makes a statement.

     (b) "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.

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

     (i) A spouse or former spouse.

     (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.