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MI HB5271

Bill

Status

Introduced

1/30/2014

Primary Sponsor

Robert Kosowski

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary1/30/2014

Full Bill Text

No bill text available