HOUSE BILL No. 6172 June 5, 2002, Introduced by Reps. Murphy, Lemmons, Rivet, Zelenko, Lockwood, Williams and Lipsey and referred to the Committee on Criminal Justice. A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 15, 31, 43, 61, and 75 (MCL 780.752, 780.765, 780.781, 780.793, 780.811, and 780.825), as amended by 2000 PA 503. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2. (1) Except as otherwise defined in this article, as 2 used in this article: 3 (a) "County juvenile agency" means that term as defined in 4 section 2 of the county juvenile agency act, 1998 PA 518, 5 MCL 45.622. 6 (b) "Crime" means a violation of a penal law of this state 7 for which the offender, upon conviction, may be punished by 8 imprisonment for more than 1 year or an offense expressly 9 designated by law as a felony. 04997'01 DRM 2 1 (c) "Defendant" means a person charged with or convicted of 2 committing a crime against a victim. 3 (d) "Final disposition" means the ultimate termination of 4 the criminal prosecution of a defendant including, but not 5 limited to, dismissal, acquittal, or imposition of sentence by 6 the court. 7 (e) "Juvenile" means a person within the jurisdiction of the 8 circuit court under section 606 of the revised judicature act of 9 1961, 1961 PA 236, MCL 600.606. 10 (f) "Juvenile facility" means a county facility, institution 11 operated as an agency of the county or the family division of 12 circuit court, or an institution or agency described in the youth 13 rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, 14 to which a juvenile has been committed or in which a juvenile is 15 detained. 16 (G) "NEIGHBORHOOD ASSOCIATION" MEANS EITHER OF THE 17 FOLLOWING: 18 (i) A NEIGHBORHOOD ORGANIZATION AS THAT TERM IS DEFINED IN 19 SECTION 5 OF THE NEIGHBORHOOD ASSISTANCE AND PARTICIPATION ACT, 20 1980 PA 56, MCL 125.805. 21 (ii) A NONGOVERNMENTAL ASSOCIATION OR ORGANIZATION THAT 22 SERVES AN AREA WITH GEOGRAPHICALLY DEFINABLE BOUNDARIES AND THAT 23 HAS AS ITS PRIMARY PURPOSE THE REDUCTION OF CRIME IN THAT AREA. 24 (H)(g)"Person" means an individual, organization, part- 25 nership, corporation, or governmental entity. 26 (I)(h)"Prisoner" means a person who has been convicted 27 and sentenced to imprisonment or placement in a juvenile facility 04997'01 3 1 for having committed a crime or an act that would be a crime if 2 committed by an adult against a victim. 3 (J)(i)"Prosecuting attorney" means the prosecuting 4 attorney for a county, an assistant prosecuting attorney for a 5 county, the attorney general, the deputy attorney general, an 6 assistant attorney general, or a special prosecuting attorney. 7 (K)(j)"Victim" means any of the following: 8 (i) An individual who suffers direct or threatened physical, 9 financial, or emotional harm as a result of the commission of a 10 crime, except as provided in subparagraph (ii), (iii), or (iv). 11 (ii) The following individuals other than the defendant if 12 the victim is deceased: 13 (A) The spouse of the deceased victim. 14 (B) A child of the deceased victim if the child is 18 years 15 of age or older and sub-subparagraph (A) does not apply. 16 (C) A parent of a deceased victim if sub-subparagraphs (A) 17 and (B) do not apply. 18 (D) The guardian or custodian of a child of a deceased 19 victim if the child is less than 18 years of age and 20 sub-subparagraphs (A) to (C) do not apply. 21 (E) A sibling of the deceased victim if sub-subparagraphs 22 (A) to (D) do not apply. 23 (F) A grandparent of the deceased victim if 24 sub-subparagraphs (A) to (E) do not apply. 25 (iii) A parent, guardian, or custodian of a victim who is 26 less than 18 years of age and who is neither the defendant nor 27 incarcerated, if the parent, guardian, or custodian so chooses. 04997'01 4 1 (iv) A parent, guardian, or custodian of a victim who is 2 mentally or emotionally unable to participate in the legal pro- 3 cess if he or she is neither the defendant nor incarcerated. 4 (2) If a victim as defined in subsection(1)(j)(i)5 (1)(K)(i) is physically or emotionally unable to exercise the 6 privileges and rights under this article, the victim may desig- 7 nate his or her spouse, child 18 years of age or older, parent, 8 sibling, grandparent, or any other person 18 years of age or 9 older who is neither the defendant nor incarcerated to act in his 10 or her place while the physical or emotional disability 11 continues. The victim shall provide the prosecuting attorney 12 with the name of the person who is to act in his or her place. 13 During the physical or emotional disability, notices to be pro- 14 vided under this article to the victim shall continue to be sent 15 only to the victim. 16 (3) An individual who is charged with a crime arising out of 17 the same transaction from which the charge against the defendant 18 arose is not eligible to exercise the privileges and rights 19 established for victims under this article. 20 (4) An individual who is incarcerated is not eligible to 21 exercise the privileges and rights established for victims under 22 this article except that he or she may submit a written statement 23 to the court for consideration at sentencing. 24 Sec. 15. (1) The victim has the right to appear and make an 25 oral impact statement at the sentencing of the defendant. If the 26 victim is physically or emotionally unable to make the oral 27 impact statement, the victim may designate any other person 18 04997'01 5 1 years of age or older who is neither the defendant nor 2 incarcerated to make the statement on his or her behalf. The 3 other person need not be an attorney. 4 (2) A NEIGHBORHOOD ASSOCIATION WHOSE BOUNDARIES INCLUDE THE 5 VICTIM'S RESIDENCE HAS THE RIGHT TO APPEAR AND MAKE AN ORAL 6 IMPACT STATEMENT AT THE SENTENCING OF THE DEFENDANT. ANY MEMBER 7 OF THE NEIGHBORHOOD ASSOCIATION MAY MAKE THE ORAL IMPACT STATE- 8 MENT ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION. 9 Sec. 31. (1) Except as otherwise defined in this article, 10 as used in this article: 11 (a) "County juvenile agency" means that term as defined in 12 section 2 of the county juvenile agency act, 1998 PA 518, 13 MCL 45.622. 14 (b) "Court" means the family division of circuit court. 15 (c) "Designated case" means a case designated as a case in 16 which the juvenile is to be tried in the same manner as an adult 17 under section 2d of chapter XIIA of the probate code of 1939, 18 1939 PA 288, MCL 712A.2d. 19 (d) "Juvenile" means an individual alleged or found to be 20 within the court's jurisdiction under section 2(a)(1) of chapter 21 XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, for an 22 offense, including, but not limited to, an individual in a desig- 23 nated case. 24 (e) "Juvenile facility" means a county facility, an institu- 25 tion operated as an agency of the county or the court, or an 26 institution or agency described in the youth rehabilitation 04997'01 6 1 services act, 1974 PA 150, MCL 803.301 to 803.309, to which a 2 juvenile has been committed or in which a juvenile is detained. 3 (F) "NEIGHBORHOOD ASSOCIATION" MEANS EITHER OF THE 4 FOLLOWING: 5 (i) A NEIGHBORHOOD ORGANIZATION AS THAT TERM IS DEFINED IN 6 SECTION 5 OF THE NEIGHBORHOOD ASSISTANCE AND PARTICIPATION ACT, 7 1980 PA 56, MCL 125.805. 8 (ii) A NONGOVERNMENTAL ASSOCIATION OR ORGANIZATION THAT 9 SERVES AN AREA WITH GEOGRAPHICALLY DEFINABLE BOUNDARIES AND THAT 10 HAS AS ITS PRIMARY PURPOSE THE REDUCTION OF CRIME IN THAT AREA. 11 (G)(f)"Offense" means 1 or more of the following: 12 (i) A violation of a penal law of this state for which a 13 juvenile offender, if convicted as an adult, may be punished by 14 imprisonment for more than 1 year or an offense expressly desig- 15 nated by law as a felony. 16 (ii) A violation of section 81 (assault and battery, includ- 17 ing domestic violence), 81a (assault; infliction of serious 18 injury, including aggravated domestic violence), 115 (breaking 19 and entering or illegal entry), 136b(5) (child abuse in the 20fourthTHIRD degree), 145a (enticing a child for immoral 21 purposes), 234 (discharge of a firearm intentionally aimed at a 22 person), 235 (discharge of an intentionally aimed firearm result- 23 ing in injury), 335a (indecent exposure), or 411h (stalking) of 24 the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 25 750.115, 750.136b, 750.145a, 750.234, 750.235, 750.335a, and 26 750.411h. 04997'01 7 1 (iii) A violation of section 617a (leaving the scene of a 2 personal injury accident) of the Michigan vehicle code, 1949 3 PA 300, MCL 257.617a, or a violation of section 625 (operating a 4 vehicle while under the influence of or impaired by intoxicating 5 liquor or a controlled substance, or with unlawful blood alcohol 6 content) of that act, MCL 257.625, if the violation involves an 7 accident resulting in damage to another individual's property or 8 physical injury or death to another individual. 9 (iv) Selling or furnishing alcoholic liquor to an individual 10 less than 21 years of age in violation of section 33 of the 11 former 1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor 12 control code of 1998, 1998 PA 58, MCL 436.1701, if the violation 13 results in physical injury or death to any individual. 14 (v) A violation of section 80176(1) or (3) (operating a 15 vessel while under the influence of or impaired by intoxicating 16 liquor or a controlled substance, or with unlawful blood alcohol 17 content) of the natural resources and environmental protection 18 act, 1994 PA 451, MCL 324.80176, if the violation involves an 19 accident resulting in damage to another individual's property or 20 physical injury or death to any individual. 21 (vi) A violation of a local ordinance substantially corre- 22 sponding to a law enumerated in subparagraphs (i) to (v). 23 (vii) A violation described in subparagraphs (i) to (vi) 24 that is subsequently reduced to a violation not included in sub- 25 paragraphs (i) to (vi). 26 (H)(g)"Person" means an individual, organization, 27 partnership, corporation, or governmental entity. 04997'01 8 1 (I)(h)"Prosecuting attorney" means the prosecuting 2 attorney for a county, an assistant prosecuting attorney for a 3 county, the attorney general, the deputy attorney general, an 4 assistant attorney general, a special prosecuting attorney, or in 5 connection with the prosecution of an ordinance violation, an 6 attorney for the political subdivision that enacted the ordinance 7 upon which the violation is based. 8 (J)(i)"Victim" means any of the following: 9 (i) A person who suffers direct or threatened physical, 10 financial, or emotional harm as a result of the commission of an 11 offense, except as provided in subparagraph (ii), (iii), or 12 (iv). 13 (ii) The following individuals other than the juvenile if 14 the victim is deceased: 15 (A) The spouse of the deceased victim. 16 (B) A child of the deceased victim if the child is 18 years 17 of age or older and sub-subparagraph (A) does not apply. 18 (C) A parent of a deceased victim if sub-subparagraphs (A) 19 and (B) do not apply. 20 (D) The guardian or custodian of a child of a deceased 21 victim if the child is less than 18 years of age and 22 sub-subparagraphs (A) to (C) do not apply. 23 (E) A sibling of the deceased victim if sub-subparagraphs 24 (A) to (D) do not apply. 25 (F) A grandparent of the deceased victim if 26 sub-subparagraphs (A) to (E) do not apply. 04997'01 9 1 (iii) A parent, guardian, or custodian of a victim who is 2 less than 18 years of age and who is neither the defendant nor 3 incarcerated, if the parent, guardian, or custodian so chooses. 4 (iv) A parent, guardian, or custodian of a victim who is 5 mentally or emotionally unable to participate in the legal pro- 6 cess if he or she is neither the defendant nor incarcerated. 7 (2) If a victim as defined in subsection(1)(h)(i)8 (1)(J)(i) is physically or emotionally unable to exercise the 9 privileges and rights under this article, the victim may desig- 10 nate his or her spouse, child 18 years of age or older, parent, 11 sibling, grandparent, or any other person 18 years of age or 12 older who is neither the defendant nor incarcerated to act in his 13 or her place while the physical or emotional disability 14 continues. The victim shall provide the prosecuting attorney 15 with the name of the person who is to act in his or her place. 16 During the physical or emotional disability, notices to be pro- 17 vided under this article to the victim shall continue to be sent 18 only to the victim. 19 (3) An individual who is charged with an offense arising out 20 of the same transaction from which the charge against the 21 defendant arose is not eligible to exercise the privileges and 22 rights established for victims under this article. 23 Sec. 43. (1) The victim has the right to appear and make an 24 oral impact statement at the juvenile's disposition or 25 sentencing. If the victim is physically or emotionally unable to 26 make the oral impact statement, the victim may designate any 27 other person 18 years of age or older who is neither the 04997'01 10 1 defendant nor incarcerated to make the statement on his or her 2 behalf. The other person need not be an attorney. 3 (2) Upon request, the victim shall be notified by the prose- 4 cuting attorney, or, pursuant to an agreement under section 48a, 5 the court of the disposition of the juvenile's offense not more 6 than 30 days after the disposition is made. 7 (3) A NEIGHBORHOOD ASSOCIATION WHOSE BOUNDARIES INCLUDE THE 8 VICTIM'S RESIDENCE HAS THE RIGHT TO APPEAR AND MAKE AN ORAL 9 IMPACT STATEMENT AT THE DISPOSITION OF THE JUVENILE. ANY MEMBER 10 OF THE NEIGHBORHOOD ASSOCIATION MAY MAKE THE ORAL IMPACT STATE- 11 MENT ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION. 12 Sec. 61. (1) Except as otherwise defined in this article, 13 as used in this article: 14 (a) "Serious misdemeanor" means 1 or more of the following: 15 (i) A violation of section 81 of the Michigan penal code, 16 1931 PA 328, MCL 750.81, assault and battery, including domestic 17 violence. 18 (ii) A violation of section 81a of the Michigan penal code, 19 1931 PA 328, MCL 750.81a, assault; infliction of serious injury, 20 including aggravated domestic violence. 21 (iii) A violation of section 115 of the Michigan penal code, 22 1931 PA 328, MCL 750.115, breaking and entering or illegal 23 entry. 24 (iv) A violation of section 136b(6) of the Michigan penal 25 code, 1931 PA 328, MCL 750.136b, child abuse in the fourth 26 degree. 04997'01 11 1 (v) A violation of section 145a of the Michigan penal code, 2 1931 PA 328, MCL 750.145a, enticing a child for immoral 3 purposes. 4 (vi) A violation of section 234 of the Michigan penal code, 5 1931 PA 328, MCL 750.234, discharge of a firearm intentionally 6 aimed at a person. 7 (vii) A violation of section 235 of the Michigan penal code, 8 1931 PA 328, MCL 750.235, discharge of an intentionally aimed 9 firearm resulting in injury. 10 (viii) A violation of section 335a of the Michigan penal 11 code, 1931 PA 328, MCL 750.335a, indecent exposure. 12 (ix) A violation of section 617a of the Michigan vehicle 13 code, 1949 PA 300, MCL 257.617a, leaving the scene of a personal 14 injury accident. 15 (x) A violation of section 625 of the Michigan vehicle code, 16 1949 PA 300, MCL 257.625, operating a vehicle while under the 17 influence of or impaired by intoxicating liquor or a controlled 18 substance, or with an unlawful blood alcohol content, if the vio- 19 lation involves an accident resulting in damage to another 20 individual's property or physical injury or death to another 21 individual. 22 (xi) Selling or furnishing alcoholic liquor to an individual 23 less than 21 years of age in violation of section 701 of the 24 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701, 25 if the violation results in physical injury or death to any 26 individual. 04997'01 12 1 (xii) A violation of section 411h of the Michigan penal 2 code, 1931 PA 328, MCL 750.411h, stalking. 3 (xiii) A violation of section 80176(1) or (3) of the natural 4 resources and environmental protection act, 1994 PA 451, 5 MCL 324.80176, operating a vessel while under the influence of or 6 impaired by intoxicating liquor or a controlled substance, or 7 with an unlawful blood alcohol content, if the violation involves 8 an accident resulting in damage to another individual's property 9 or physical injury or death to any individual. 10 (xiv) A violation of a local ordinance substantially corre- 11 sponding to a violation enumerated in subparagraphs (i) to 12 (xiii). 13 (xv) A violation charged as a crime or serious misdemeanor 14 enumerated in subparagraphs (i) to (xiv) but subsequently reduced 15 to or pleaded to as a misdemeanor. As used in this subparagraph, 16 "crime" means that term as defined in section 2. 17 (b) "Defendant" means a person charged with or convicted of 18 having committed a serious misdemeanor against a victim. 19 (c) "Final disposition" means the ultimate termination of 20 the criminal prosecution of a defendant including, but not 21 limited to, dismissal, acquittal, or imposition of a sentence by 22 the court. 23 (D) "NEIGHBORHOOD ASSOCIATION" MEANS EITHER OF THE 24 FOLLOWING: 25 (i) A NEIGHBORHOOD ORGANIZATION AS THAT TERM IS DEFINED IN 26 SECTION 5 OF THE NEIGHBORHOOD ASSISTANCE AND PARTICIPATION ACT, 27 1980 PA 56, MCL 125.805. 04997'01 13 1 (ii) A NONGOVERNMENTAL ASSOCIATION OR ORGANIZATION THAT 2 SERVES AN AREA WITH GEOGRAPHICALLY DEFINABLE BOUNDARIES AND THAT 3 HAS AS ITS PRIMARY PURPOSE THE REDUCTION OF CRIME IN THAT AREA. 4 (E)(d)"Person" means an individual, organization, part- 5 nership, corporation, or governmental entity. 6 (F)(e)"Prisoner" means a person who has been convicted 7 and sentenced to imprisonment for having committed a serious mis- 8 demeanor against a victim. 9 (G)(f)"Prosecuting attorney" means the prosecuting 10 attorney for a county, an assistant prosecuting attorney for a 11 county, the attorney general, the deputy attorney general, an 12 assistant attorney general, a special prosecuting attorney, or, 13 in connection with the prosecution of an ordinance violation, an 14 attorney for the political subdivision that enacted the ordinance 15 upon which the violation is based. 16 (H)(g)"Victim" means any of the following: 17 (i) An individual who suffers direct or threatened physical, 18 financial, or emotional harm as a result of the commission of a 19 serious misdemeanor, except as provided in subparagraph (ii), 20 (iii), or (iv). 21 (ii) The following individuals other than the defendant if 22 the victim is deceased: 23 (A) The spouse of the deceased victim. 24 (B) A child of the deceased victim if the child is 18 years 25 of age or older and sub-subparagraph (A) does not apply. 26 (C) A parent of a deceased victim if sub-subparagraphs (A) 27 and (B) do not apply. 04997'01 14 1 (D) The guardian or custodian of a child of a deceased 2 victim if the child is less than 18 years of age and 3 sub-subparagraphs (A) to (C) do not apply. 4 (E) A sibling of the deceased victim if sub-subparagraphs 5 (A) to (D) do not apply. 6 (F) A grandparent of the deceased victim if 7 sub-subparagraphs (A) to (E) do not apply. 8 (iii) A parent, guardian, or custodian of a victim who is 9 less than 18 years of age and who is neither the defendant nor 10 incarcerated, if the parent, guardian, or custodian so chooses. 11 (iv) A parent, guardian, or custodian of a victim who is so 12 mentally incapacitated that he or she cannot meaningfully under- 13 stand or participate in the legal process if he or she is not the 14 defendant and is not incarcerated. 15 (2) If a victim as defined in subsection(1)(g)(i)16 (1)(H)(i) is physically or emotionally unable to exercise the 17 privileges and rights under this article, the victim may desig- 18 nate his or her spouse, child 18 years of age or older, parent, 19 sibling, or grandparent or any other person 18 years of age or 20 older who is neither the defendant nor incarcerated to act in his 21 or her place while the physical or emotional disability 22 continues. The victim shall provide the prosecuting attorney 23 with the name of the person who is to act in place of the 24 victim. During the physical or emotional disability, notices to 25 be provided under this article to the victim shall continue to be 26 sent only to the victim. 04997'01 15 1 (3) An individual who is charged with a serious misdemeanor, 2 a crime as defined in section 2, or an offense as defined in 3 section 31 arising out of the same transaction from which the 4 charge against the defendant arose is not eligible to exercise 5 the privileges and rights established for victims under this 6 article. 7 (4) An individual who is incarcerated is not eligible to 8 exercise the privileges and rights established for victims under 9 this article except that he or she may submit a written statement 10 to the court for consideration at sentencing. 11 Sec. 75. (1) If no presentence report is prepared, the 12 court shall notify the prosecuting attorney of the date and time 13 of sentencing at least 10 days prior to the sentencing. The 14 victim has the right to submit a written impact statement and has 15 the right to appear and make an oral impact statement at the sen- 16 tencing of the defendant. If the victim is physically or emo- 17 tionally unable to make the oral impact statement, the victim may 18 designate any other person 18 years of age or older who is nei- 19 ther the defendant nor incarcerated to make the statement on his 20 or her behalf. The other person need not be an attorney. The 21 court shall consider the victim's statement in imposing sentence 22 on the defendant. 23 (2) A NEIGHBORHOOD ASSOCIATION WHOSE BOUNDARIES INCLUDE THE 24 VICTIM'S RESIDENCE HAS THE RIGHT TO APPEAR AND MAKE AN ORAL 25 IMPACT STATEMENT AT THE SENTENCING OF THE DEFENDANT. ANY MEMBER 26 OF THE NEIGHBORHOOD ASSOCIATION MAY MAKE THE ORAL IMPACT 27 STATEMENT ON BEHALF OF THE NEIGHBORHOOD ASSOCIATION. 04997'01 Final page. DRM