2023 House Bill 4738

Criminal procedure: witnesses; confidentiality of certain information of a witness; require prosecuting attorney to maintain, and provide for disclosure in certain circumstances.

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 40b to chapter VII.

Official record

House Fiscal Agency Analysis

House Bill 4738 would amend the Code of Criminal Procedure, and House Bill 4739 would amend the William Van Regenmorter Crime Victim’s Rights Act, to require prosecuting attorneys to redact the personal information of witnesses and victims of crimes from certain court documents and to allow disclosure of the personal information to the defense counsel or the defendant (if not represented by counsel) only upon an order of the court. An unauthorized disclosure would be a misdemeanor offense.

Introduced in the House

June 13, 2023

Introduced by Rep. Kelly Breen (D-21) and 21 co-sponsors

Co-sponsored by Reps. Denise Mentzer (D-61), Kara Hope (D-74), Tyrone Carter (D-1), Helena Scott (D-7), Erin Byrnes (D-15), Laurie Pohutsky (D-17), Mike McFall (D-8), Veronica Paiz (D-11), Penelope Tsernoglou (D-75), Tullio Liberati (D-2), Alabas Farhat (D-3), Jennifer Conlin (D-48), Nate Shannon (D-58), Noah Arbit (D-20), Julie Rogers (D-41), Christine Morse (D-40), Jason Hoskins (D-18), Joey Andrews (D-38), Betsy Coffia (D-103), Jenn Hill (D-109) and Stephanie Young (D-16)

Referred to the Committee on Judiciary

June 21, 2023

Reported without amendment

Oct. 19, 2023

Substitute H-1 offered by Rep. Kelly Breen (D-21)

The substitute passed by voice vote

Oct. 24, 2023

Passed in the House 106 to 3 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Oct. 25, 2023

Referred to the Committee on Civil Rights, Judiciary, and Public Safety