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MI HB5271
Bill
Status
1/30/2014
Primary Sponsor
Robert Kosowski
Click for details
AI Summary
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Allows videorecorded statements of vulnerable witnesses (children under 16, persons 16+ with developmental disabilities, and vulnerable adults) to be taken before preliminary examination in prosecutions for child abuse, sexual assault, and assaultive crimes against vulnerable adults.
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Permits videorecorded statements to be admitted as evidence at pretrial proceedings (except preliminary examination), for impeachment, sentencing, guilty/no contest pleas, probation violation hearings, and child protection law hearings.
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Requires videorecorded statements to include date/time, identification of persons present, and running time clock; questioning must follow forensic interview protocols and cover offense details, location, witness-accused relationship, and other potential witnesses.
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Grants vulnerable witnesses rights to support persons during testimony, use of anatomically correct dolls, and court-ordered protections including closed courtroom proceedings, closed-circuit television testimony, and seating arrangements to minimize defendant contact.
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Makes unauthorized release of videorecorded statements a misdemeanor punishable by up to 1 year imprisonment and/or $1,000 fine; restricts copying and disclosure of statements except as authorized by law or court order.
Legislative Description
Criminal procedure; evidence; consideration of videorecorded statements in certain proceedings; allow. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a). TIE BAR WITH: HB 5270'14, HB 5272'14
Children, protection
Last Action
Referred To Committee On Judiciary
6/5/2014