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MI HB5272

Bill

Status

Introduced

1/30/2014

Primary Sponsor

Thomas Hooker

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Allows videorecorded statements of child witnesses (under 16) and witnesses 16+ with developmental disabilities to be admitted in child protective services proceedings instead of live testimony, except at adjudication stage.

  • Permits witnesses to use anatomically correct dolls or mannequins to assist testimony and to have a named support person sit nearby during testimony with advance notice to all parties.

  • Establishes requirements for videorecorded statements including date/time, identification of persons present, running time clock, and questioning must follow forensic interview protocols covering offense details, location, relationships, and potential witnesses.

  • Protects witness welfare by allowing courts to order witness shielding from defendant's view, use of questioner's podium, or videorecorded deposition if psychological harm would occur from testifying in presence of respondent.

  • Increases criminal penalty for intentionally releasing videorecorded statements from 93 days imprisonment/$500 fine to 1 year imprisonment/$1,000 fine; videorecorded statements are exempt from freedom of information requests and cannot be copied except as specified.

Legislative Description

Children; protection; videorecorded statements; allow to be used in child protective services hearings, increase fines for improper release of, and require to retain for certain period of time. Amends sec. 17b, ch. XIIA of 1939 PA 288 (MCL 712A.17b). TIE BAR WITH: HB 5270'14, HB 5271'14

Children, protection

Last Action

Referred To Committee On Judiciary

6/5/2014

Committee Referrals

Judiciary1/30/2014

Full Bill Text

No bill text available