HB-5658, As Passed House, May 24, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5658

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 27b of chapter VIII (MCL 768.27b), as added by

2006 PA 78.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER VIII

Sec. 27b. (1) Except as provided in subsection (4), in a

criminal action in which the defendant is accused of an offense

involving domestic violence or sexual assault, evidence of the

defendant's commission of other acts of domestic violence or sexual

assault is admissible for any purpose for which it is relevant, if

it is not otherwise excluded under Michigan rule of evidence 403.

(2) If the prosecuting attorney intends to offer evidence

under this section, the prosecuting attorney shall disclose the

evidence, including the statements of witnesses or a summary of the

substance of any testimony that is expected to be offered, to the

defendant not less than 15 days before the scheduled date of trial

or at a later time as allowed by the court for good cause shown.

(3) This section does not limit or preclude the admission or

consideration of evidence under any other statute, including, but

not limited to, under section 27a, rule of evidence, or case law.

(4) Evidence of an act occurring more than 10 years before the

charged offense is inadmissible under this section , unless the

court determines that ~~admitting this evidence is in the interest of~~

~~justice.~~1 or more of the following apply:

(a) The act was a sexual assault that was reported to law

enforcement within 5 years of the date of the sexual assault.

(b) The act was a sexual assault and a sexual assault evidence

kit was collected.

connected to the assault resulted in a DNA identification profile

that is associated with the defendant.

(d) Admitting the evidence is in the interest of justice.

(5) The amendatory act that amended this subsection does not

alter or in any manner affect the statutes of limitation for the

offenses described in this section.

(6) ~~(5)~~ As used in this section:

(a) "Domestic violence" or "offense involving domestic

violence" means an occurrence of 1 or more of the following acts by

a person that is not an act of self-defense:

(i) Causing or attempting to cause physical or mental harm to

a family or household member.

(ii) Placing a family or household member in fear of physical

or mental harm.

(iii) Causing or attempting to cause a family or household

member to engage in involuntary sexual activity by force, threat of

force, or duress.

(iv) Engaging in activity toward a family or household member

that would cause a reasonable person to feel terrorized,

frightened, intimidated, threatened, harassed, or molested.

(b) "Family or household member" means any of the following:

(i) A spouse or former spouse.

(ii) An individual with whom the person resides or has

resided.

(iii) An individual with whom the person has or has had a

child in common.

(iv) An individual with whom the person has or has had a

dating relationship. As used in this subparagraph, "dating

relationship" means frequent, intimate associations primarily

characterized by the expectation of affectional involvement. This

term does not include a casual relationship or an ordinary

fraternization between 2 individuals in a business or social

context.

defined in section 2 of the sex offenders registration act, 1994 PA

295, MCL 28.722.

(7) ~~(6)~~ This section applies to trials and evidentiary

hearings commenced or in progress on or after May 1, 2006.