HOUSE BILL No. 5392

 

 

January 10, 2018, Introduced by Reps. Sabo, Sowerby, Ellison, Lasinski, Green, Elder, Chang, Clemente, Yancey, LaGrand, Chirkun and Jones and referred to the Committee on Law and Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding section 1m to chapter IX.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER IX

 

     Sec. 1m. Except as otherwise provided in this section, the

 

court shall require that a defendant convicted and sentenced for a

 

felony offense as provided in this act be physically present in the

 

courtroom during his or her sentencing hearing in any case in which

 

there will be the presentation of any oral or written statement

 

made by a victim as provided for in the William Van Regenmorter

 

crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834. This

 

section does not apply if the court, in its discretion, determines

 

the defendant need not be present or if the court determines the

 


defendant's presence poses a danger to other individuals in the

 

courtroom or is disruptive to the conduct of the court's business.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.