A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2163a (MCL 600.2163a), as amended by 2018 PA 343.
The bill aims to enhance support for witnesses during testimony by focusing on the use of courtroom support dogs, managing videorecorded statements, and clarifying terms such as "developmental disability," "nonoffending parent or legal guardian," "vulnerable adult," and "witness." It establishes criteria for courtroom support dogs, designates custodians for videorecorded statements, and mandates accommodations like the use of dolls or mannequins for demonstrations and the presence of a support person or courtroom support dog during testimony. The bill also details the process for notifying parties about the intent to use a support person or courtroom support dog, specifies the responsibilities of agencies providing courtroom support dogs, and outlines the permissible uses of videorecorded statements in court. Furthermore, it includes provisions for the protection and confidentiality of videorecorded statements, setting conditions under which these statements can be used for training purposes or become part of the court record, ensuring their exemption from disclosure under the freedom of information act and other statutes, except for the production or release of a transcript of such statements. Additionally, the bill elaborates on special arrangements for witness testimony, considering factors like the witness's age, the nature of the offense, and the physical condition of the witness, to protect their welfare by potentially excluding unnecessary persons from the courtroom, rearranging the courtroom to prevent the witness from directly viewing the defendant, and allowing testimony via closed-circuit television or other electronic means in certain cases, ensuring the witness can be observed by the trier of fact and the defendant when questioned. It also includes penalties for the unauthorized release of videorecorded statements and clarifies that the Department of Health and Human Services is not responsible for storing or retaining videorecorded statements. The bill takes effect 180 days after enactment.
Introduced
by
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
Reported with substitute S-2
Referred to the Committee of the Whole
Reported with substitute S-3
Substitute S-3 concurred in by voice vote
1. Amend page 5, line 4, after “proceedings” by striking out the period and inserting a comma and “including admission at the preliminary examination instead of in addition to the live testimony of the witness.”.
The amendment failed by voice vote
1. Amend page 11, line 19, by striking out all of subsection (26).
The amendment failed by voice vote
Passed in the Senate 24 to 11 (details)
Referred to the Committee on Criminal Justice