Crime victims: rights; practice of redacting victim’s contact information; codify. Amends 1985 PA 87 (MCL 780.751 - 780.834) by adding sec. 8a.
Impact
The bill introduces new regulations on how personal information of victims should be handled in court documents and interactions between defendants and victims. By establishing clear guidelines for redaction and confidentiality, HB 4739 is intended to prevent potential misuse of sensitive information, thereby offering a stronger layer of protection for victims. The legislation stipulates that victims' details such as home addresses and contact numbers should be redacted from documents shared with the defendant unless a court orders otherwise.
Summary
House Bill 4739 aims to strengthen the confidentiality of crime victims' personal information by amending the William Van Regenmorter Crime Victim's Rights Act. The proposed legislation mandates that the prosecuting attorney keeps a victim's personal information confidential unless it is part of the evidence related to the charged crime. This initiative is designed to protect sensitive details of victims during legal proceedings, thus enhancing their privacy and safety throughout the judicial process.
Sentiment
The sentiment surrounding HB 4739 appears generally positive, reflecting a recognition of the need to protect victims' personal information in the judicial system. Supporters of the bill argue that heightened confidentiality is essential for the safety and well-being of crime victims, particularly in cases of domestic violence or sexual assault where the disclosure of personal details could lead to intimidation or retaliation. However, some concerns were raised about potential limitations on defendants' rights to access information necessary for their defense, emphasizing the need for balance between ensuring victims' safety and upholding defendants' rights.
Contention
While most lawmakers supported the passage of HB 4739, discussions indicated some contention regarding the adequacy of protections afforded to defendants. Critics point out that although the bill aims to protect victims, it could inadvertently hinder a defendant's ability to obtain crucial information required for an adequate defense. Legislators emphasized the importance of striking a balance that neither undermines victims' safety nor diminishes the defendants' rights to a fair trial, highlighting ongoing debates regarding the judicial process and victims' advocacy.
Crime victims: notices; crime victim's rights act; amend to reference rights of crime victims in certain prisoner resentencing. Amends secs. 13 & 41 of 1985 PA 87 (MCL 780.763 & 780.791). TIE BAR WITH: HB 4556'23
Crime victims: notices; crime victim's rights act; amend to reference rights of crime victims in certain prisoner resentencing. Amends secs. 13 & 41 of 1985 PA 87 (MCL 780.763 & 780.791). TIE BAR WITH: SB 0321'23
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.
Civil procedure: other; certain public video recordings of court proceedings; allow the victims' faces to be blurred. Amends secs. 8, 38 & 68 of 1985 PA 87 (MCL 780.758 et seq.).
Crime victims: other; information sharing by law enforcement of victim contact information with survivor programs; allow. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21b to ch. XVI.
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.
Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.
Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature, to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts, and to the duties of peace officers regarding interactions with those victims.
Relating to victims of sex offenses, sex-based human trafficking offenses, or acts of a sexual nature and to the confidentiality of or restrictions on the availability of certain property, material, or information regarding those victims, offenses, or acts.