September 7, 2016, Introduced by Reps. Iden and Hughes 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 14, 15, 43, and 75 (MCL 780.764, 780.765,
780.793, and 780.825), as amended by 2000 PA 503.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
14. The A victim of
the defendant's course of conduct has
the right to submit or make a written or oral impact statement to
the probation officer for use by that officer in preparing a
presentence investigation report concerning the defendant pursuant
to section 14 of chapter XI of the code of criminal procedure, 1927
PA 175, MCL 771.14. A victim's written statement shall upon the
victim's request, be included in the presentence investigation
report.
Sec. 15. The victim has the right to appear and make an oral
impact statement at the sentencing of the defendant. If the victim
is physically or emotionally unable to make the oral impact
statement, the victim may designate any other person 18 years of
age or older who is neither the defendant nor incarcerated to make
the statement on his or her behalf. The other person need not be an
attorney. The court may allow additional family members of a
homicide victim or a victim of the defendant's course of conduct in
committing a homicide to address the court at sentencing. A victim
who is under 18 years of age and whose rights are being exercised
by an appropriate adult under section 2 has the right to address
the court at sentencing.
Sec. 43. (1) The victim has the right to appear and make an
oral impact statement at the juvenile's disposition or sentencing.
If the victim is physically or emotionally unable to make the oral
impact statement, the victim may designate any other person 18
years
of age or older who is neither the defendant juvenile
offender nor incarcerated to make the statement on his or her
behalf. The other person need not be an attorney. The court may
allow additional family members of a homicide victim or a victim of
the juvenile's course of conduct in committing a homicide to
address the court at sentencing. A victim who is under 18 years of
age and whose rights are being exercised by an appropriate adult
described in section 2 has the right to address the court at
sentencing.
(2) Upon request, the victim shall be notified by the
prosecuting attorney, or the court, pursuant to an agreement under
section
48a, the court of the disposition of the juvenile's offense
not more than 30 days after the disposition is made.
Sec. 75. If no presentence report is prepared, the court shall
notify the prosecuting attorney of the date and time of sentencing
at least 10 days prior to the sentencing. The victim has the right
to submit a written impact statement and has the right to appear
and make an oral impact statement at the sentencing of the
defendant. A victim who is under 18 years of age and whose rights
are being exercised by an appropriate adult under section 61 has
the right to address the court at sentencing. If the victim is
physically or emotionally unable to make the oral impact statement,
the victim may designate any other person 18 years of age or older
who is neither the defendant nor incarcerated to make the statement
on his or her behalf. The other person need not be an attorney. The
court may allow additional family members of a homicide victim or a
victim of the defendant's course of conduct in committing a
homicide to address the court at sentencing. The court shall
consider the victim's statement in imposing sentence on the
defendant.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5817 (request no.
01048'15).
(b) Senate Bill No. 874 or House Bill No.____ (request no.
01049'15).
(c) Senate Bill No. 875 or House Bill No.____ (request no.
01050'15).
(d) Senate Bill No. 876 or House Bill No.____ (request no.
01051'15).
(e) Senate Bill No.____ or House Bill No. 5817 (request no.
01053'15).
(f) Senate Bill No. 877 or House Bill No.____ (request no.
01054'15).