Immunity from prosecution for certain crimes based on assisting a victim of sexual assault, extending the time limit for prosecution of second-degree sexual assault, and the standard for terminating residential residency when tenant is the victim of sexual assault.
Impact
AB414 also extends the statute of limitations for prosecuting second-degree sexual assault from 10 years to 20 years post-incident. This change is aimed at providing survivors more time to come forward, which is crucial given the trauma often associated with such events. Additionally, the bill modifies residential tenancy laws, allowing victims of sexual assault to terminate their rental agreements without the need to prove an imminent threat of harm, thus enabling them to escape potentially dangerous living situations more freely. These changes aim to foster a supportive environment for victims, enabling them to prioritize their safety and well-being.
Summary
Assembly Bill 414 (AB414) is legislation that seeks to enhance protections for victims of sexual assault in several significant ways. Primarily, the bill introduces provisions for immunity from prosecution related to controlled substance violations for individuals who assist victims of sexual assaults. Specifically, if a person helps a victim by seeking emergency assistance or reporting the incident, they cannot be prosecuted for possession of drugs or paraphernalia obtained in the course of providing that assistance. This seeks to encourage people to call for help without fear of legal repercussions, facilitating quicker responses to sexual assault situations.
Contention
Although AB414 has consensus support to improve victim protections, there are concerns about the bill’s implications. Some critics suggest that granting immunity might lead to potential abuse, where individuals may falsely claim to assist or report to avoid legal consequences for their actions. Additionally, the amendments regarding tenant rights may raise concerns among landlords about their own liability and loss of rental income. Balancing these concerns with the need to protect and encourage reporting of sexual assault is a central point of contention, as lawmakers deliberate the bill’s broader impact on the justice system and housing stability.
Crossfiled
Immunity from prosecution for certain crimes based on assisting a victim of sexual assault, extending the time limit for prosecution of second-degree sexual assault, and the standard for terminating residential residency when tenant is the victim of sexual assault.
Crimes: intoxication or impairment; methods of testing intoxication or impairment in the Michigan vehicle code; expand to include other bodily fluid. Amends secs. 625a, 625c & 625g of 1949 PA 300 (MCL 257.625a et seq.). TIE BAR WITH: HB 4390'25