January 30, 2014, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1985 PA 87, entitled
"William Van Regenmorter crime victim's rights act,"
by amending section 31 (MCL 780.781), as amended by 2009 PA 28.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 31. (1) Except as otherwise defined in this article, as
used in this article:
(a) "County juvenile agency" means that term as defined in
section 2 of the county juvenile agency act, 1998 PA 518, MCL
45.622.
(b) "Court" means the family division of circuit court.
(c) "Crime victim services commission" means that term as
described in section 2 of 1976 PA 223, MCL 18.352.
(d) "Designated case" means a case designated as a case in
which the juvenile is to be tried in the same manner as an adult
under section 2d of chapter XIIA of the probate code of 1939, 1939
PA 288, MCL 712A.2d.
(e) "Juvenile" means an individual alleged or found to be
within the court's jurisdiction under section 2(a)(1) of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, for an
offense, including, but not limited to, an individual in a
designated case.
(f) "Juvenile facility" means a county facility, an
institution operated as an agency of the county or the court, or an
institution or agency described in the youth rehabilitation
services act, 1974 PA 150, MCL 803.301 to 803.309, to which a
juvenile has been committed or in which a juvenile is detained.
(g) "Offense" means 1 or more of the following:
(i) A violation of a penal law of this state for which a
juvenile offender, if convicted as an adult, may be punished by
imprisonment for more than 1 year or an offense expressly
designated by law as a felony.
(ii) A violation of section 81 (assault and battery, including
domestic violence), 81a (assault; infliction of serious injury,
including aggravated domestic violence), 115 (breaking and entering
or
illegal entry), 136b(6) 136b(7)
(child abuse in the fourth
degree), 145 (contributing to the neglect or delinquency of a
minor), 145d (using the internet or a computer to make a prohibited
communication), 233 (intentionally aiming a firearm without
malice), 234 (discharge of a firearm intentionally aimed at a
person), 235 (discharge of an intentionally aimed firearm resulting
in injury), 335a (indecent exposure), or 411h (stalking) of the
Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.115,
750.136b, 750.145, 750.145d, 750.233, 750.234, 750.235, 750.335a,
and 750.411h.
(iii) A violation of section 601b(2) (injuring a worker in a
work zone) or 617a (leaving the scene of a personal injury
accident) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b
and 257.617a, or a violation of section 625 (operating a vehicle
while under the influence of or impaired by intoxicating liquor or
a controlled substance, or with unlawful blood alcohol content) of
that act, MCL 257.625, if the violation involves an accident
resulting in damage to another individual's property or physical
injury or death to another individual.
(iv) Selling or furnishing alcoholic liquor to an individual
less than 21 years of age in violation of section 33 of the former
1933 (Ex Sess) PA 8, or section 701 of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in
physical injury or death to any individual.
(v) A violation of section 80176(1) or (3) (operating a vessel
while under the influence of or impaired by intoxicating liquor or
a controlled substance, or with unlawful blood alcohol content) of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.80176, if the violation involves an accident resulting
in damage to another individual's property or physical injury or
death to any individual.
(vi) A violation of a local ordinance substantially
corresponding to a law enumerated in subparagraphs (i) to (v).
(vii) A violation described in subparagraphs (i) to (vi) that is
subsequently reduced to a violation not included in subparagraphs
(i) to (vi).
(h) "Person" means an individual, organization, partnership,
corporation, or governmental entity.
(i) "Prosecuting attorney" means the prosecuting attorney for
a county, an assistant prosecuting attorney for a county, the
attorney general, the deputy attorney general, an assistant
attorney general, a special prosecuting attorney, or, in connection
with the prosecution of an ordinance violation, an attorney for the
political subdivision that enacted the ordinance upon which the
violation is based.
(j) "Victim" means any of the following:
(i) A person who suffers direct or threatened physical,
financial, or emotional harm as a result of the commission of an
offense, except as provided in subparagraph (ii), (iii), or (iv).
(ii) The following individuals other than the juvenile if the
victim is deceased:
(A) The spouse of the deceased victim.
(B) A child of the deceased victim if the child is 18 years of
age or older and sub-subparagraph (A) does not apply.
(C) A parent of a deceased victim if sub-subparagraphs (A) and
(B) do not apply.
(D) The guardian or custodian of a child of a deceased victim
if the child is less than 18 years of age and sub-subparagraphs (A)
to (C) do not apply.
(E) A sibling of the deceased victim if sub-subparagraphs (A)
to (D) do not apply.
(F) A grandparent of the deceased victim if sub-subparagraphs
(A) to (E) do not apply.
(iii) A parent, guardian, or custodian of a victim who is less
than 18 years of age and who is neither the defendant nor
incarcerated, if the parent, guardian, or custodian so chooses. For
the purpose of making an impact statement only, a parent, guardian,
or custodian of a victim who is less than 18 years of age at the
time of the commission of the crime and who is neither the
defendant nor incarcerated, if the parent, guardian, or custodian
so chooses.
(iv) A parent, guardian, or custodian of a victim who is
mentally or emotionally unable to participate in the legal process
if he or she is neither the defendant nor incarcerated.
(2) If a victim as defined in subsection (1)(j)(i) is
physically or emotionally unable to exercise the privileges and
rights under this article, the victim may designate his or her
spouse, child 18 years of age or older, parent, sibling,
grandparent, or any other person 18 years of age or older who is
neither the defendant nor incarcerated to act in his or her place
while the physical or emotional disability continues. The victim
shall provide the prosecuting attorney with the name of the person
who is to act in his or her place. During the physical or emotional
disability, notices to be provided under this article to the victim
shall continue to be sent only to the victim.
(3) An individual who is charged with an offense arising out
of the same transaction from which the charge against the defendant
arose is not eligible to exercise the privileges and rights
established for victims under this article.
Enacting section 1. This amendatory act takes effect July 1,
2014.