Michigan House Bill HB4423

Michigan 2023-2024 Regular Session

• Introduced: 4/13/23
• Refer: 4/13/23
• Report Pass: 5/23/23
• Engrossed: 6/7/23
• Refer: 6/8/23
• Report Pass: 10/3/23
• Refer: 10/3/23
• Report Pass: 10/17/23
• Enrolled: 10/24/23
• Chaptered: 11/8/23
• Passed: 11/8/23

Caption

Crime victims: statements; victim impact statements; allow to be made remotely. Amends secs. 15, 43 & 75 of 1985 PA 87 (MCL 780.765 et seq.).

Impact

If enacted, the bill will modify sections of the 1985 Public Act 87, which establishes the rights of victims in Michigan. The amendments will facilitate remote submissions of victim impact statements, reflecting a more modern approach that accommodates the needs of victims while respecting the judicial process. Furthermore, this change acknowledges the potential emotional distress of victims and the necessity to have their voices heard during sentencing, which can contribute to a more empathetic judicial environment.

Summary

House Bill 4423 is a legislative measure intended to amend the existing victim rights framework in Michigan, specifically by altering how victim impact statements are handled during court proceedings. The bill allows victims of crime and those affected by juvenile offenses to provide their statements either in-person or remotely, addressing circumstances where they might be physically or emotionally unable to make an in-person appearance. This amendment aims to ensure that victims can still express their feelings and the effects of the crime on their lives, even if they cannot be present in the courtroom.

Sentiment

The sentiment surrounding HB4423 appears to be largely supportive among lawmakers and advocacy groups focused on victim rights. Proponents argue that the ability to provide statements remotely is an essential step toward making the legal process more inclusive and sensitive to the needs of victims. This modernization of court procedure resonates positively among stakeholders who emphasize the importance of amplifying victim voices, making it possible for victims to participate in a manner that is less traumatic.

Contention

While there seems to be broad support for the provisions of HB4423, some concerns have been raised regarding the need for safeguards to ensure that remote statements are not misused or misinterpreted. Critics may raise issues about the effectiveness of remote interactions compared to in-person statements, particularly in terms of emotional impact on the court's deliberations. Additionally, there could be discussions about the implications of allowing non-attorney representatives to present statements on behalf of victims, which might lead to legal ambiguities.