Bill Text: MI HB6106 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crime victims; notices; law enforcement, prosecuting attorneys, and judges to provide certain victims information regarding Michigan crime survivor trauma recovery centers (CSTRC); require. Amends secs. 3 & 6 of 1985 PA 87 (MCL 780.753 & 780.756) & adds sec. 16c. TIE BAR WITH: HB 6101'16
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-12-07 - Bill Electronically Reproduced 12/06/2016 [HB6106 Detail]
Download: Michigan-2015-HB6106-Introduced.html
HOUSE BILL No. 6106
December 6, 2016, Introduced by Reps. Santana, Kosowski, Vaupel, Howrylak, Lucido and Liberati and referred to the Committee on Criminal Justice.
A bill to amend 1985 PA 87, entitled
"William Van Regenmorter crime victim's rights act,"
by amending sections 3 and 6 (MCL 780.753 and 780.756), section 3
as amended by 2000 PA 503 and section 6 as amended by 2005 PA 184,
and by adding section 16c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Within 24 hours after the initial contact between
the victim of a reported crime and the law enforcement agency
having the responsibility for investigating that crime, that agency
shall give to the victim the following information in writing:
(a) The availability of emergency and medical services, if
applicable.
(b) The availability of victim's compensation benefits and the
address of the crime victims compensation board.
(c) The address and telephone number of the prosecuting
attorney whom the victim should contact to obtain information about
victim's rights.
(d) The following statements:
"If you would like to be notified of an arrest in your case or
the release of the person arrested, or both, you should call
[identify law enforcement agency and telephone number] and inform
them."
"If you are not notified of an arrest in your case, you may
call this law enforcement agency at [the law enforcement agency's
telephone number] for the status of the case.".
(2) Within 24 hours after the initial contact between the
victim of a reported assaultive crime and the law enforcement
agency having the responsibility for investigating that crime, that
agency shall provide the victim information orally and in writing
regarding mental health and substance abuse treatment services and
the location of and services offered by crime survivor trauma
recovery centers established under the crime survivor trauma
recovery center act. As used in this subsection, "assaultive crime"
means that term as defined in section 9a of chapter X of the code
of criminal procedure, 1927 PA 175, MCL 770.9a.
Sec. 6. (1) Not later than 7 days after the defendant's
arraignment for a crime, but not less than 24 hours before a
preliminary examination, the prosecuting attorney shall give to
each victim a written notice in plain English of each of the
following:
(a) A brief statement of the procedural steps in the
processing of a criminal case.
(b) A specific list of the rights and procedures under this
article.
(c) A convenient means for the victim to notify the
prosecuting attorney that the victim chooses to exercise his or her
rights under this article.
(d) Details and eligibility requirements for compensation from
the crime victim services commission under 1976 PA 223, MCL 18.351
to 18.368.
(e) Suggested procedures if the victim is subjected to threats
or intimidation.
(f) The person to contact for further information.
(2) Not later than 7 days after the defendant's arraignment
for an assaultive crime, but not less than 24 hours before a
preliminary examination, the prosecuting attorney shall provide the
victim information orally and in writing regarding mental health
and substance abuse treatment services and the location of and
services offered by crime survivor trauma recovery centers
established under the crime survivor trauma recovery center act. As
used in this subsection, "assaultive crime" means that term as
defined in section 9a of chapter X of the code of criminal
procedure, 1927 PA 175, MCL 770.9a.
(3) (2)
If the victim requests, the
prosecuting attorney shall
give the victim notice of any scheduled court proceedings and any
changes in that schedule.
(4) (3)
Before finalizing any negotiation
that may result in a
dismissal, plea or sentence bargain, or pretrial diversion, the
prosecuting attorney shall offer the victim the opportunity to
consult with the prosecuting attorney to obtain the victim's views
about the disposition of the prosecution for the crime, including
the victim's views about dismissal, plea or sentence negotiations,
and pretrial diversion programs.
(5) (4)
A victim who receives a notice
under subsection (1) or
(2) and who chooses to receive any notice or exercise any right
under this article shall keep the following persons informed of the
victim's current address and telephone number:
(a) The prosecuting attorney, until final disposition or
completion of the appellate process, whichever occurs later.
(b) The department of corrections or the sheriff, as the
prosecuting attorney directs, if the defendant is imprisoned.
(c) The department of human services or county juvenile
agency, as the prosecuting attorney directs, if the defendant is
held in a juvenile facility.
(d) The hospital or facility, as the prosecuting attorney
directs, if the defendant is hospitalized in or admitted to a
hospital or a facility.
Sec. 16c. At either the time of conviction or the time of
sentencing of a defendant for an assaultive crime, the court shall
provide the victim of the assaultive crime information orally and
in writing regarding mental health and substance abuse treatment
services and the location of and services offered by crime survivor
trauma recovery centers established under the crime survivor trauma
recovery center act. As used in this section, "assaultive crime"
means that term as defined in section 9a of chapter X of the code
of criminal procedure, 1927 PA 175, MCL 770.9a.
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.____ or House Bill No. 6101 (request no.
06390'16) of the 98th Legislature is enacted into law.
