CONSENT; VIDEO WITNESS STATEMENT USE                         H.B. 5402 (H-3) & 5403 (H-3):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5402 (Substitute H-3 as reported without amendment)

House Bill 5403 (Substitute H-3 as reported without amendment)

Sponsor:  Representative Diana Farrington (H.B. 5402)

               Representative Sherry Gay-Dagnogo (H.B. 5403)

House Committee:  Judiciary

Senate Committee:  Judiciary

CONTENT

House Bills 5402 (H-3) and 5403 (H-3) would amend the Revised Judicature Act and the juvenile code, respectively, to do the following:

-- Require the consent of a minor witness's nonoffending parent or legal guardian for a witness's videorecorded statement to be used for training purposes.

-- Specify that the consent would have to be obtained through execution of a written, fully informed, time-limited, and revocable release of information.

-- Require an individual participating in training to execute a nondisclosure agreement to protect witness confidentiality.

-- Allow a videorecorded statement to be used for training those in another county that would meet the definition of "custodian of the recorded statement" if the statement had been taken in that county.

MCL 600.2163a (H.B. 5402)                                                Legislative Analyst:  Jeff Mann

       712A.17b (H.B. 5403)

FISCAL IMPACT

The bills would have no fiscal impact on State or local government.

Date Completed:  5-3-18                                                 Fiscal Analyst:  Michael Siracuse

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.