Bill Text: MI HB5106 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure; evidence; use of expert testimony for domestic violence in criminal cases; allow. Amends 1927 PA 175 (MCL 760.1 - 760.69) by adding sec. 27d to ch. VIII.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-10-16 - Bill Electronically Reproduced 10/16/2019 [HB5106 Detail]
Download: Michigan-2019-HB5106-Introduced.html
HOUSE BILL NO. 5106
October 15, 2019, Introduced by Reps. Schroeder
and Meerman and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 27d to chapter VIII.
the people of the state of michigan enact:
CHAPTER VIII
Sec. 27d. (1) Except if offered against a defendant to prove the occurrence of the act or acts of domestic violence which form the basis of a criminal charge, in a criminal action, expert testimony is admissible by either the prosecution or the defense regarding intimate partner battering and its effects, including the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of victims of domestic violence.
(2) The foundation is sufficient for admission of expert testimony under subsection (1) if the proponent of the evidence establishes its relevancy and the proper qualifications of the expert witness. Expert opinion testimony on intimate partner battering and its effects must not be considered a new scientific technique whose reliability is unproven.
(3) For purposes of this section, "domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
