May 1, 2018, Introduced by Senators CONYERS, HERTEL and HOOD and referred to the Committee on Judiciary.
A bill to amend 2014 PA 319, entitled
"Sexual assault victim's access to justice act,"
by amending the title and section 2 (MCL 752.952), and by adding
section 6a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to create a sexual assault victim's access to justice
act; to provide for certain victim's rights in sexual assault
cases; to provide for the creation and use of a police sexual
misconduct incident report form; to require certain notifications;
and to require certain duties of certain state and local officials
and agencies, and certain entities.
Sec. 2. As used in this act:
(a) "Forensic laboratory" means a DNA laboratory that has
received formal recognition that it meets or exceeds a list of
standards, including the FBI director's quality assurance
standards, to perform specific tests, established by a nonprofit
professional association of persons actively involved in forensic
science that is nationally recognized within the forensic community
in
accordance with the provisions of the federal DNA identification
act,
42 USC 14132, or subsequent laws.34
USC 12592.
(b) "Health care facility" includes a hospital, clinic, or
urgent care center that is regulated under the public health code,
1978 PA 368, MCL 333.1101 to 333.25211, and any other facility that
is authorized to provide sexual assault medical forensic exams
under that act.
(c) (b)
"Investigating law enforcement
agency" means the
local, county, or state law enforcement agency with the primary
responsibility for investigating an alleged sexual assault offense
case and includes the employees of that agency. Investigating law
enforcement agency includes a law enforcement agency of a community
college or university if that law enforcement agency of a community
college or university is responsible for collecting sexual assault
evidence.
(d) (c)
"Law enforcement agency"
means the local, county, or
state law enforcement agency and includes the employees of that
agency. Law enforcement agency includes a law enforcement agency of
a community college or university.
(e) "Police sexual misconduct" means sexual contact, sexual
harassment, or sexual penetration between an individual and an
employee of a law enforcement agency who uses his or her status as
an employee of the law enforcement agency to gain access to, or a
relationship with, that other individual.
(f) (d)
"Sexual assault evidence
kit" means that term as
defined in section 21527 of the public health code, 1978 PA 368,
MCL 333.21527.
(g) (e)
"Sexual assault offense"
means a violation or
attempted violation of sections 520b to 520g of the Michigan penal
code, 1931 PA 328, MCL 750.520b to 750.520g.
(h) (f)
"Sexual assault victim"
means an individual subjected
to a sexual assault offense and, for the purposes of making
communications and receiving notices under this act, a person
designated by the sexual assault victim under section 4.
(i) "Sexual contact" includes the intentional touching of the
individual's or employee's intimate parts or the intentional
touching of the clothing covering the immediate area of the
individual's or employee's intimate parts, if that intentional
touching can reasonably be construed as being for the purpose of
sexual arousal or gratification, done for a sexual purpose, or in a
sexual manner.
(j) "Sexual harassment" means unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct or
communication of a sexual nature.
(k) "Sexual penetration" means sexual intercourse,
cunnilingus, fellatio, anal intercourse, or any other intrusion,
however slight, of any part of a person's body or of any object
into the genital or anal openings of another person's body, but
emission of semen is not required.
Sec. 6a. (1) Not later than December 31, 2018, the Michigan
domestic and sexual violence prevention and treatment board shall
create a standard police sexual misconduct incident report form.
The form must contain sections for a police sexual misconduct
victim to provide all of the following information to the best of
his or her knowledge:
(a) The law enforcement agency that employs an individual
described under subdivision (d) and that law enforcement agency's
mailing address.
(b) The name, address, home and work telephone numbers, and
preferred contact method of the sexual misconduct victim.
(c) The name, address, and telephone number of any known
witness.
(d) The full name and rank, and post or work location of an
employee that is alleged to have engaged in police sexual
misconduct.
(e) A description of the alleged police sexual misconduct
incident.
(2) Not later than March 31, 2019, the department of state
shall make the form created under subsection (1) available to the
public at all branch offices and on all self-service stations.
(3) Not later than March 31, 2019, the department of health
and human services shall make the form created under subsection (1)
available to the public at all offices, including, but not limited
to, county and district offices.
(4) Beginning March 31, 2019, a health care facility shall
ensure that a police sexual misconduct victim who is administered a
sexual assault evidence kit is provided a form created under
subsection (1) and shall forward the completed form to the
department of health and human services.
(5) The department of state and the department of health and
human services shall forward a completed police sexual misconduct
incident report received under subsection (2), (3), or (4) to the
law enforcement agency listed on the form. If a law enforcement
agency is not listed on a completed police sexual misconduct
incident report form, the department of state and the department of
health and human services shall forward that completed form to the
department of state police.
(6) The department of state police shall make reasonable
efforts to identify the law enforcement agency that employs an
individual alleged to have engaged in police sexual misconduct in a
report forwarded to the department of state police under subsection
(5) and shall comply with both of the following:
(a) If the department of state police is able to identify the
law enforcement agency, the department of state police shall
forward the police sexual misconduct incident report form to that
law enforcement agency.
(b) If the department of state police is unable to identify
the law enforcement agency, the department of state police shall
notify the police sexual misconduct victim that the law enforcement
agency was not identified.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 968
of the 99th Legislature is enacted into law.