780.811 Definitions; physical or emotional inability of victim to exercise privileges and rights; ineligibility to exercise privileges and rights. Sec. 61. (1) Except as otherwise defined in this article, as used in this article: (a) “Serious misdemeanor” means 1 or more of the following: (i) A violation of section 81 of the Michigan penal code, […]
780.811a Statement of property damage, physical injury, or death. Sec. 61a. A law enforcement officer or prosecuting attorney who files with the court a complaint, appearance ticket, traffic citation, or other charging instrument regarding a serious misdemeanor described in section 61(1)(a)(xv), (xvi), or (xvii), or a local ordinance substantially corresponding to a serious misdemeanor described […]
780.811b Duty to provide notice to victim; furnishing information or records; exception for address confidentiality program. Sec. 61b. (1) The duty under this article and under section 24 of article I of the state constitution of 1963 of a court, the department of corrections, the department of health and human services, a county sheriff, or […]
780.812 Separate written statement. Sec. 62. A law enforcement officer investigating a serious misdemeanor involving a victim shall include with the complaint, appearance ticket, or traffic citation filed with the court a separate written statement including the name, address, and phone number of each victim. This separate statement shall not be a matter of public […]
780.813 Information to be given victim of serious misdemeanor. Sec. 63. (1) Within 24 hours after the initial contact between the victim of a reported serious misdemeanor and the law enforcement agency having the responsibility for investigating that serious misdemeanor, that agency shall give to the victim the following information in writing: (a) The availability […]
780.813a Revocation of bond or personal recognizance. Sec. 63a. Based upon any credible evidence of acts or threats of physical violence or intimidation by the defendant or at the defendant’s direction against the victim or the victim’s immediate family, the prosecuting attorney may move that the bond or personal recognizance of a defendant be revoked. […]
780.814 Return of property to victim; exceptions. Sec. 64. (1) The law enforcement agency having responsibility for investigating a reported serious misdemeanor shall promptly return to the victim property belonging to that victim which is taken in the course of the investigation, except as provided in subsections (2) to (4). (2) The agency shall not […]
780.814a Victim of identity theft; filing police report; jurisdiction; “identity theft” defined. Sec. 64a. (1) To facilitate compliance with 15 USC 1681g, a bona fide victim of identity theft is entitled to file a police report with a law enforcement agency in a jurisdiction where the alleged violation of identity theft may be prosecuted as […]
780.815 Victim to be given notice of availability of pretrial release, phone number of sheriff, and notice of right to contact sheriff. Sec. 65. Not later than 72 hours after the arrest of the defendant for a serious misdemeanor, the law enforcement agency having responsibility for investigating the serious misdemeanor shall give to the victim […]
780.816 Notice to prosecuting attorney and to victim; consultation by victim with prosecuting attorney; dismissal of case; keeping prosecuting attorney and sheriff informed of victim’s current address and telephone number. Sec. 66. (1) If a plea of guilty or nolo contendere is accepted by the court at the time of the arraignment of the defendant […]
780.817 Separate waiting area for victim; safeguards. Sec. 67. The court shall provide a waiting area for the victim separate from the defendant, defendant’s relatives, and defense witnesses if such an area is available and the use of the area is practical. If a separate waiting area is not available or practical, the court shall […]
780.818 Testimony of victim or other witness; consent of victim; hearing; exemption from disclosure; exception. Sec. 68. (1) Based upon the victim’s reasonable apprehension of acts or threats of physical violence or intimidation by the defendant or at defendant’s direction against the victim or the victim’s immediate family, the prosecuting attorney may move that the […]
780.819 Expedited trial. Sec. 69. An expedited trial may be scheduled for any case in which the victim is averred by the prosecuting attorney to be a child. History: Add. 1988, Act 21, Eff. June 1, 1988
780.820 Conference prior to trial. Sec. 70. Upon request of the victim, the prosecuting attorney shall confer with the victim prior to the trial of the defendant. History: Add. 1988, Act 21, Eff. June 1, 1988
780.821 Right of victim to be present at trial; sequestering of victim. Sec. 71. The victim has the right to be present throughout the entire trial of the defendant, unless the victim is going to be called as a witness. If the victim is going to be called as a witness, the court may, for […]
780.822 Discharge or discipline of victim or victim representative by employer or employer’s agent as misdemeanor; penalty; “victim representative” defined. Sec. 72. (1) An employer or the employer’s agent, who threatens to discharge or discipline or who discharges, disciplines, or causes to be discharged from employment or to be disciplined a victim because that victim […]
780.823 Additional notice to victim; means; contents of impact statement. Sec. 73. (1) The prosecuting attorney, upon and in accordance with the request of the victim, shall give to the victim notice of the following: (a) The defendant’s conviction. (b) The offenses for which the defendant was convicted. (c) If a presentence investigation report is […]
780.824 Preparation of presentence investigation report; written or oral impact statement; inclusion of statement in presentence investigation report. Sec. 74. If a presentence investigation report concerning the defendant is prepared, the victim has the right to submit or make a written or oral impact statement to the probation officer for use by that officer in […]
780.825 Notice of sentencing; impact statement; physical presence of defendant; amendatory act to be known and cited as “Rebekah Bletsch law”. Sec. 75. (1) If no presentence report is prepared, the court shall notify the prosecuting attorney of the date and time of sentencing at least 10 days prior to the sentencing. The victim has […]
780.826 Definitions; restitution by defendant convicted of misdemeanor. Sec. 76. (1) As used in this section only: (a) “Misdemeanor” means a violation of a law of this state or a local ordinance that is punishable by imprisonment for not more than 1 year or a fine that is not a civil fine, but that is […]
