Michigan House Bill HB4488

Michigan 2023-2024 Regular Session

• Introduced: 4/27/23
• Refer: 4/27/23

Caption

Crime victims: rights; certain supports for certain victims; expand, and require the domestic and sexual violence prevention and treatment board to perform certain duties. Amends title of 2008 PA 546 (MCL 400.1531 - 400.1535) & adds secs. 2a & 2b.

Impact

The enactment of HB 4488 is expected to strengthen survivor rights and improve access to critical support services in the state of Michigan. Particularly, the bill provisions aim to ensure that survivors can consult with professionals and have their chosen support persons present during crucial moments. Furthermore, it mandates a study on best practices regarding sexual assault counseling and resource allocation, potentially leading to improvements in the support infrastructure for survivors.

Summary

House Bill 4488 aims to amend the existing Sexual Assault Victims' Medical Forensic Intervention and Treatment Act by establishing a fund specifically for the medical forensic intervention and treatment of sexual assault survivors. This bill outlines the rights of sexual assault survivors to have support persons and legal counsel present during investigative interviews and when administering sexual assault evidence kits. The legislation emphasizes the importance of survivor autonomy and their right to access necessary support services without the obligation to participate in the criminal justice process.

Contention

A notable point of contention surrounding HB 4488 is the provision allowing law enforcement officers, prosecutors, or defense attorneys the discretion to exclude support persons from interviews, should they believe that their presence might be detrimental to the interview's purpose. This raises concerns among advocates that the clause may inadvertently undermine the rights of survivors to receive comprehensive support during investigations. In addition, the funding mechanisms for the proposed support services and crisis centers outlined in the bill may also prompt discussions regarding budget implications and resource availability.