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MI HB4738

Bill

Status

Engrossed

10/24/2023

Primary Sponsor

Kelly Breen

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Prosecuting attorneys must keep witness personal information confidential unless it is part of the crime itself (res gestae)

  • Prosecuting attorneys must redact witness personal information from documents provided to defendants and from documents entered into court files, with exceptions for information obtained from the defendant or when a protective order is obtained

  • Defendants must redact witness personal information from their own court documents unless the court grants a protective order to seal the document

  • Courts may order disclosure of witness personal information to defendant's counsel upon motion if the defendant demonstrates the information is reasonably necessary for adequate defense, with strict limitations on use and dissemination

  • Intentional and willful disclosure of confidential witness information in violation of this section is a misdemeanor punishable by up to 93 days imprisonment or a $500 fine

Legislative Description

Criminal procedure: witnesses; confidentiality of certain information of a witness; require prosecuting attorney to maintain, and provide for disclosure in certain circumstances. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 40b to ch. VII.

Crimes: other

Last Action

Referred To Committee On Civil Rights, Judiciary, And Public Safety

10/25/2023

Committee Referrals

Civil Rights, Judiciary, And Public Safety10/25/2023
Judiciary6/13/2023

Full Bill Text

No bill text available