Bill Text: MI HB4683 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Crime victims; rights; human trafficking victim privilege; establish. Amends sec. 2157a of 1961 PA 236 (MCL 600.2157a).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-06-06 - Bill Electronically Reproduced 05/31/2017 [HB4683 Detail]

Download: Michigan-2017-HB4683-Introduced.html

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HOUSE BILL No. 4683

 

 

May 31, 2017, Introduced by Rep. Kosowski and referred to the Committee on Law and Justice.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 2157a (MCL 600.2157a), as added by 1984 PA 340.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2157a. (1) For purposes of this section:

 

     (a) "Confidential communication" means information transmitted

 

between a victim and a sexual assault, or domestic violence, or

 

human trafficking counselor, or between a victim or sexual assault,

 

or domestic violence, or human trafficking counselor and any other

 

person to whom disclosure is reasonably necessary to further the

 

interests of the victim, in connection with the rendering of

 

advice, counseling, or other assistance by the sexual assault, or

 

domestic violence, or human trafficking counselor to the victim.

 

     (b) "Domestic violence" means that term as defined in section

 

1501 of Act No. 389 of the Public Acts of 1978, being section

 

400.1501 of the Michigan Compiled Laws.1 of 1978 PA 389, MCL

 

400.1501.

 

     (c) "Human trafficking" means a violation of chapter LXVIIA of

 

the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.

 

     (d) "Human trafficking counselor" means a person who is

 

employed by or volunteers at an organization for the purpose of

 

providing advice, counseling, or other assistance to victims.

 

     (e) (c) "Sexual assault" means assault with intent to commit

 

criminal sexual conduct.

 

     (f) (d) "Sexual assault or domestic violence counselor" means

 

a person who is employed at or who volunteers service at a sexual

 

assault or domestic violence crisis center, and who in that

 

capacity provides advice, counseling, or other assistance to

 

victims of sexual assault or domestic violence and their families.

 

     (g) (e) "Sexual assault or domestic violence crisis center"

 

means an office, institution, agency, or center which that offers

 

assistance to victims of sexual assault or domestic violence and

 

their families through crisis intervention and counseling.

 

     (f) "Victim" means a person who was or who alleges to have

 

been the subject of a sexual assault, or of domestic violence, or

 

human trafficking.

 

     (2) Except as provided by section 11 of the child protection

 

law, Act No. 238 of the Public Acts of 1975, being section 722.631

 

of the Michigan Compiled Laws, 1975 PA 238, MCL 722.631, a

 

confidential communication, or any report, working paper, or

 

statement contained in a report or working paper, given or made in

connection with a consultation between a victim and a sexual

 

assault, or domestic violence, or human trafficking counselor,

 

shall is not be admissible as evidence in any civil or criminal

 

proceeding without the prior written consent of the victim.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.