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MI SB1128

Bill

Status

Introduced

6/30/2022

Primary Sponsor

James Runestad

Click for details

Origin

Senate

101st Legislature

AI Summary

  • Changes "must" to "shall" throughout the statute regarding court procedures for witness protections, including use of dolls, support persons, and courtroom support dogs.

  • Expands allowable uses of videorecorded statements to include admission at trial (if taken according to forensic interview protocol and consistent with confrontation clause), consideration in child protection hearings under MCL 722.627j, and admission in addition to live testimony at preliminary examinations.

  • Increases penalty for intentionally releasing a videorecorded statement in violation of the law from 93 days imprisonment and/or $500 fine to 1 year imprisonment and/or $2,500 fine.

  • Removes Department of Health and Human Services from the definition of "custodian of the videorecorded statement" and clarifies storage/retention responsibility belongs to county protocols, not DHHS.

  • Adds protective order provisions allowing courts to restrict defense counsel's ability to provide defendants copies of videorecorded statements and establishes minimum 10-day notice requirement for defendant access before trial or pretrial proceedings.

  • Adds new subsections clarifying videorecorded statements must follow forensic interview protocols, failure to record an interview does not prevent testimony about its content, and this act takes effect 180 days after enactment contingent on passage of SB 1129 and SB 1130.

Legislative Description

Criminal procedure: evidence; consideration of videorecorded statements in certain proceedings; allow. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).

Children: protection

Last Action

Referred To Committee On Judiciary And Public Safety

6/30/2022

Committee Referrals

Judiciary And Public Safety6/30/2022

Full Bill Text

No bill text available