DOM. VIOLENCE: SEAL COURT RECORDS - S.B. 725: COMMITTEE SUMMARY

Senate Bill 725 (as introduced 10-17-01)

Sponsor: Senator Ken Sikkema

Committee: Judiciary


Date Completed: 10-30-01


CONTENT


The bill would amend the Revised Judicature Act to provide that, when a court considered a motion to seal court records in a civil or criminal matter involving an allegation of domestic violence, the court would have to consider the safety of any alleged victim or potential victim of the domestic violence in determining whether good cause had been shown for sealing the records.


"Domestic violence" would be defined as in the domestic violence prevention and treatment Act. Under that Act, domestic violence means the occurrence of any of the following acts by a person that is not an act of self-defense:


-- Causing or attempting to cause physical or mental harm to a family or household member.

-- Placing a family or household member in fear of physical or mental harm.

-- Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.

-- Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.


Proposed MCL 600.2972 - Legislative Analyst: P. Affholter


FISCAL IMPACT


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


- Fiscal Analyst: B. BowermanS0102\s725sa

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.