An act to amend 1985 PA 87, entitled “An act to establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers’ agents toward victims; and to provide for penalties and remedies,” by amending sections 15, 43, and 75 (MCL 780.765, 780.793, and 780.825), as amended by 2018 PA 153.
House Bill 4423 would amend the William Van Regenmorter Crime Victim’s Rights Act to allow a victim oral impact statement to be made remotely. Currently, a victim has the right to appear and make an oral impact statement at the defendant’s sentencing or juvenile’s disposition or sentencing. A victim who is physically or emotionally unable to make the oral impact statement may designate an adult (but not the defendant or someone who is incarcerated) to make it on the victim’s behalf. The defendant or juvenile must be physically present in the courtroom during an oral impact statement, unless the court determines that the defendant or juvenile is disruptive or a threat to anyone’s safety. In making this determination, the court may consider any relevant statement provided by a victim as to the defendant’s or juvenile’s physical presence during that victim’s oral impact statement. The bill would amend the above provisions to additionally allow the victim to choose to provide the oral impact statement remotely.
Co-sponsored by Reps.
Referred to the Committee on Criminal Justice
Reported without amendment
Passed in the House 105 to 1 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Reported without amendment
Referred to the Committee of the Whole
Reported without amendment
Passed in the Senate 38 to 0 (details)
