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MI HB6291

Bill

Status

Introduced

6/30/2022

Primary Sponsor

David LaGrand

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Changes mandatory language from "must" to "shall" throughout the statute regarding court procedures for vulnerable witnesses, including use of support persons, courtroom support dogs, dolls/mannequins, and special arrangements.

  • Allows videorecorded statements taken according to forensic interviewing protocol to be admitted as evidence at trial (in addition to preliminary examination testimony) and considered in child protection hearings, provided admission complies with the Sixth Amendment confrontation clause.

  • Requires if any part of a videorecorded statement is admitted for impeachment purposes, the entire statement becomes admissible; establishes a minimum 10-day notice period before pretrial proceedings or trial for defendants to access videorecorded statements.

  • Increases criminal penalties for intentionally releasing a videorecorded statement in violation of the statute from 93 days imprisonment and $500 fine to 1 year imprisonment and $2,500 fine or both.

  • Removes Department of Health and Human Services as custodian of videorecorded statements; clarifies DHHS is not responsible for storing or retaining statements; permits testimony about statements not fully videorecorded if otherwise admissible.

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: SB 1130'22, HB 6292'22

Children: protection

Last Action

Bill Electronically Reproduced 06/30/2022

7/20/2022

Committee Referrals

Judiciary6/30/2022

Full Bill Text

No bill text available