HB-5263, As Passed Senate, May 14, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5263

 

January 29, 2014, Introduced by Reps. O'Brien, Schmidt and Kesto 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 section 61 (MCL 780.811), as amended by 2009 PA 28.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 61. (1) Except as otherwise defined in this article, as

 

used in this article:

 

     (a) "Serious misdemeanor" means 1 or more of the following:

 

     (i) A violation of section 81 of the Michigan penal code, 1931

 

PA 328, MCL 750.81, assault and battery, including domestic

 

violence.

 

     (ii) A violation of section 81a of the Michigan penal code,

 

1931 PA 328, MCL 750.81a, assault; infliction of serious injury,

 

including aggravated domestic violence.

 

     (iii) A violation of section 115 of the Michigan penal code,


 

1931 PA 328, MCL 750.115, breaking and entering or illegal entry.

 

     (iv) A violation of section 136b(6) 136b(7) of the Michigan

 

penal code, 1931 PA 328, MCL 750.136b, child abuse in the fourth

 

degree.

 

     (v) A violation of section 145 of the Michigan penal code,

 

1931 PA 328, MCL 750.145, contributing to the neglect or

 

delinquency of a minor.

 

     (vi) A misdemeanor violation of section 145d of the Michigan

 

penal code, 1931 PA 328, MCL 750.145d, using the internet or a

 

computer to make a prohibited communication.

 

     (vii) A violation of section 233 of the Michigan penal code,

 

1931 PA 238, 1931 PA 328, MCL 750.233, intentionally aiming a

 

firearm without malice.

 

     (viii) A violation of section 234 of the Michigan penal code,

 

1931 PA 328, MCL 750.234, discharge of a firearm intentionally

 

aimed at a person.

 

     (ix) A violation of section 235 of the Michigan penal code,

 

1931 PA 328, MCL 750.235, discharge of an intentionally aimed

 

firearm resulting in injury.

 

     (x) A violation of section 335a of the Michigan penal code,

 

1931 PA 328, MCL 750.335a, indecent exposure.

 

     (xi) A violation of section 411h of the Michigan penal code,

 

1931 PA 328, MCL 750.411h, stalking.

 

     (xii) A violation of section 601b(2) of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.601b, injuring a worker in a work zone.

 

     (xiii) A violation of section 617a of the Michigan vehicle code,

 

1949 PA 300, MCL 257.617a, leaving the scene of a personal injury


 

accident.

 

     (xiv) A violation of section 625 of the Michigan vehicle code,

 

1949 PA 300, MCL 257.625, operating a vehicle while under the

 

influence of or impaired by intoxicating liquor or a controlled

 

substance, or with an unlawful blood alcohol content, if the

 

violation involves an accident resulting in damage to another

 

individual's property or physical injury or death to another

 

individual.

 

     (xv) Selling or furnishing alcoholic liquor to an individual

 

less than 21 years of age in violation of section 701 of the

 

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701, if

 

the violation results in physical injury or death to any

 

individual.

 

     (xvi) A violation of section 80176(1) or (3) of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.80176, operating a vessel while under the influence of or

 

impaired by intoxicating liquor or a controlled substance, or with

 

an unlawful blood alcohol content, if the violation involves an

 

accident resulting in damage to another individual's property or

 

physical injury or death to any individual.

 

     (xvii) A violation of a local ordinance substantially

 

corresponding to a violation enumerated in subparagraphs (i) to

 

(xvi).

 

     (xviii) A violation charged as a crime or serious misdemeanor

 

enumerated in subparagraphs (i) to (xvii) but subsequently reduced to

 

or pleaded to as a misdemeanor. As used in this subparagraph,

 

"crime" means that term as defined in section 2.


 

     (b) "Crime victim services commission" means that term as

 

described in section 2 of 1976 PA 223, MCL 18.352.

 

     (c) "Defendant" means a person charged with or convicted of

 

having committed a serious misdemeanor against a victim.

 

     (d) "Final disposition" means the ultimate termination of the

 

criminal prosecution of a defendant including, but not limited to,

 

dismissal, acquittal, or imposition of a sentence by the court.

 

     (e) "Person" means an individual, organization, partnership,

 

corporation, or governmental entity.

 

     (f) "Prisoner" means a person who has been convicted and

 

sentenced to imprisonment for having committed a serious

 

misdemeanor against a victim.

 

     (g) "Prosecuting attorney" means the prosecuting attorney for

 

a county, an assistant prosecuting attorney for a county, the

 

attorney general, the deputy attorney general, an assistant

 

attorney general, a special prosecuting attorney, or, in connection

 

with the prosecution of an ordinance violation, an attorney for the

 

political subdivision that enacted the ordinance upon which the

 

violation is based.

 

     (h) "Victim" means any of the following:

 

     (i) An individual who suffers direct or threatened physical,

 

financial, or emotional harm as a result of the commission of a

 

serious misdemeanor, except as provided in subparagraph (ii), (iii),

 

or (iv).

 

     (ii) The following individuals other than the defendant if the

 

victim is deceased:

 

     (A) The spouse of the deceased victim.


 

     (B) A child of the deceased victim if the child is 18 years of

 

age or older and sub-subparagraph (A) does not apply.

 

     (C) A parent of a deceased victim if sub-subparagraphs (A) and

 

(B) do not apply.

 

     (D) The guardian or custodian of a child of a deceased victim

 

if the child is less than 18 years of age and sub-subparagraphs (A)

 

to (C) do not apply.

 

     (E) A sibling of the deceased victim if sub-subparagraphs (A)

 

to (D) do not apply.

 

     (F) A grandparent of the deceased victim if sub-subparagraphs

 

(A) to (E) do not apply.

 

     (iii) A parent, guardian, or custodian of a victim who is less

 

than 18 years of age and who is neither the defendant nor

 

incarcerated, if the parent, guardian, or custodian so chooses. For

 

the purpose of making an impact statement only, a parent, guardian,

 

or custodian of a victim who is less than 18 years of age at the

 

time of the commission of the crime and who is neither the

 

defendant nor incarcerated, if the parent, guardian, or custodian

 

so chooses.

 

     (iv) A parent, guardian, or custodian of a victim who is so

 

mentally incapacitated that he or she cannot meaningfully

 

understand or participate in the legal process if he or she is not

 

the defendant and is not incarcerated.

 

     (2) If a victim as defined in subsection (1)(h)(i) is

 

physically or emotionally unable to exercise the privileges and

 

rights under this article, the victim may designate his or her

 

spouse, child 18 years of age or older, parent, sibling, or


 

grandparent or any other person 18 years of age or older who is

 

neither the defendant nor incarcerated to act in his or her place

 

while the physical or emotional disability continues. The victim

 

shall provide the prosecuting attorney with the name of the person

 

who is to act in place of the victim. During the physical or

 

emotional disability, notices to be provided under this article to

 

the victim shall continue to be sent only to the victim.

 

     (3) An individual who is charged with a serious misdemeanor, a

 

crime as defined in section 2, or an offense as defined in section

 

31 arising out of the same transaction from which the charge

 

against the defendant arose is not eligible to exercise the

 

privileges and rights established for victims under this article.

 

     (4) An individual who is incarcerated is not eligible to

 

exercise the privileges and rights established for victims under

 

this article except that he or she may submit a written statement

 

to the court for consideration at sentencing.

 

     Enacting section 1. This amendatory act takes effect July 1,

 

2014.