March 2, 2005, Introduced by Senators HAMMERSTROM and JOHNSON and referred to the Committee on Judiciary.
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:
CHAPTER VIII
Sec 27a. (1) Evidence of a statement by a declarant is not
inadmissible as hearsay 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 in writing, was electronically
recorded, or was made to a law enforcement official.
(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) A statement is admissible under this section only if the
proponent of the statement makes known to the adverse party the
intention to offer the statement and the particulars of the
statement sufficiently in advance of the proceedings in order to
provide the adverse party with a fair opportunity to prepare to
meet the statement.
(4) As used in this section:
(a) "Declarant" means a person who makes a statement.
(b) "Family or household member" means 1 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 a child in common.
(c) "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.
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 domestic violence is not made inadmissible by Michigan
rule of evidence 404 regarding character evidence or evidence of
other crimes, wrongs, or acts, if the evidence is not excluded
under the Michigan rule of evidence 403 regarding the probative
value of the evidence.
(2) In an action in which evidence is offered under this
section, the prosecution shall disclose the evidence to the
defendant, including a witness statement or a summary of the
substance of testimony that is expected to be offered.
(3) This section does not limit or preclude the admitting or
considering 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) "Family or household member" means 1 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 a child in common.
(b) "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.