Michigan House Bill HB4738

Michigan 2023-2024 Regular Session

• Introduced: 6/13/23
• Refer: 6/13/23
• Report Pass: 6/21/23
• Engrossed: 10/24/23
• Refer: 10/25/23

Caption

Criminal procedure: witnesses; confidentiality of certain information of a witness; require prosecuting attorney to maintain, and provide for disclosure in certain circumstances. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 40b to ch. VII.

Impact

The implementation of HB 4738 is expected to have significant implications for the way personal information is handled during prosecution. By imposing new confidentiality requirements, this bill reinforces the notion that the privacy of witnesses is critical within the legal process. Prosecutors will have the responsibility to redact sensitive details from documents shared with defendants unless otherwise specified by protective court orders, thereby adapting courtroom practices to prioritize witness safety and confidentiality.

Summary

House Bill 4738 seeks to amend the Michigan Code of Criminal Procedure by introducing Section 40b, which establishes protocols for the confidentiality of witness personal information. The bill mandates that prosecuting attorneys maintain the confidentiality of a witness's personal details, unless such information is part of the 'res gestae' of the charged crime. This legislative change aims to protect the privacy of witnesses involved in criminal proceedings, thereby enhancing their safety and willingness to cooperate with law enforcement.

Sentiment

The general sentiment surrounding HB 4738 appears to be largely positive, particularly among advocates for victim and witness rights. Supporters appreciate the bill’s potential to create a safer environment for witnesses, encouraging more individuals to come forward without fear of their personal information being publicly disclosed. Nonetheless, there may be apprehensions from some defense advocates who argue that overly restrictive confidentiality could hinder a defendant's right to a fair trial and adequate defense, introducing a layer of complexity into the legal proceedings.

Contention

Notable points of contention regarding HB 4738 revolve around the balance between witness protection and the rights of the accused. While the bill aims to shield personal witness information, it simultaneously requires clear protocols for when such information can be disclosed to defendants. Critics may raise concerns about instances where the need for disclosure undermines the very protections this bill is designed to enhance, thereby igniting debates about transparency in the judicial process.