Bill Text: MI SB0515 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Criminal procedure: evidence; admissibility of certain hearsay testimony in certain human trafficking and prostitution prosecutions; provide for. Amends sec. 27c, ch. VIII of 1927 PA 175 (MCL 768.27c).
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2024-12-31 - Assigned Pa 0183'24 [SB0515 Detail]
Download: Michigan-2023-SB0515-Chaptered.html
Act No. 183
Public Acts of 2024
Approved by the Governor
December 30, 2024
Filed with the Secretary of State
December 30, 2024
EFFECTIVE DATE: Sine Die
(91st day after final adjournment of the 2024 Regular Session)
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Senators Bayer, Shink, Cherry, Damoose, Chang, Irwin, Geiss, Klinefelt and Victory
ENROLLED SENATE BILL No. 515
AN ACT to amend 1927 PA 175, entitled
“An act to revise, consolidate, and codify the laws relating to criminal
procedure and to define the jurisdiction, powers, and duties of courts, judges,
and other officers of the court under the provisions of this act; to provide
laws relative to the rights of persons accused of criminal offenses and
ordinance violations; to provide for the arrest of persons charged with or
suspected of criminal offenses and ordinance violations; to provide for bail of
persons arrested for or accused of criminal offenses and ordinance violations;
to provide for the examination of persons accused of criminal offenses; to
regulate the procedure relative to grand juries, indictments, informations, and
proceedings before trial; to provide for trials of persons complained of or
indicted for criminal offenses and ordinance violations and to provide for the
procedure in those trials; to provide for judgments and sentences of persons
convicted of criminal offenses and ordinance violations; to establish a
sentencing commission and to prescribe its powers and duties; to provide for
procedure relating to new trials and appeals in criminal and ordinance
violation cases; to provide a uniform system of probation throughout this state
and the appointment of probation officers; to prescribe the powers, duties, and
compensation of probation officers; to provide penalties for the violation of
the duties of probation officers; to provide for procedure governing
proceedings to prevent crime and proceedings for the discovery of crime; to provide
for fees of officers, witnesses, and others in criminal and ordinance violation
cases; to set forth miscellaneous provisions as to criminal procedure in
certain cases; to provide penalties for the violation of certain provisions of
this act; and to repeal all acts and parts of acts inconsistent with or
contravening any of the provisions of this act,” by amending section 27c of
chapter VIII (MCL 768.27c), as added by 2006 PA 79.
The People of the State of Michigan enact:
CHAPTER VIII
Sec. 27c. (1) Evidence of a statement by a declarant is admissible if all of the following apply:
(a) The statement purports to narrate, describe, or explain the infliction or threat of physical injury upon the declarant.
(b) The action in which the evidence is offered under this section is an offense involving domestic violence, or a violation of chapter LXVII or chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.448 to 750.462 and 750.462a to 750.462h.
(c) The statement was made at or near the time of the infliction or threat of physical injury. Evidence of a statement made more than 5 years before the filing of the current action or proceeding is inadmissible under this section.
(d) The statement was made under circumstances that would indicate the statement’s trustworthiness.
(e) The statement was made to a law enforcement officer.
(2) For the purpose of subsection (1)(d), circumstances relevant to the issue of trustworthiness include, but are not limited to, all of the following:
(a) Whether the statement was made in contemplation of pending or anticipated litigation in which the declarant was interested.
(b) Whether the declarant has a bias or motive for fabricating the statement, and the extent of any bias or motive.
(c) Whether the statement is corroborated by evidence other than statements that are admissible only under this section.
(3) 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.
(4) Nothing in this section shall be construed to abrogate any privilege conferred by law.
(5) As used in this section:
(a) “Declarant” means an individual who makes a statement.
(b) “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 individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(c) “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.
(d) “Infliction or threat of physical injury” includes all of the following:
(i) Physically harming or restraining any individual.
(ii) Threatening to harm or physically restrain any individual or the creation of any scheme, plan, or pattern intended to cause an individual to believe that failure to perform an act would result in physical, psychological, reputational, or financial harm to, or physical restraint of, any individual.
(iii) Facilitating or controlling an individual’s access to a
controlled substance, as that term is defined in section 7104 of the
public health code, 1978 PA 368, MCL 333.7104, other than for a legitimate
medical purpose.
(6) This section applies to trials and evidentiary hearings commenced or in progress on or after May 1, 2006.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
