reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.714 - Appellate Defender, Deputy Appellate Defender, and Assistant Appellate Defender; Qualifications, Duties, and Restrictions; Court Employees.

***** 780.714 THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2024: See 780.714.amended *****
780.714 Appellate defender, deputy appellate defender, and assistant appellate defender; qualifications, duties, and restrictions; court employees.
Sec. 4.
(1) The appellate defender, deputy appellate defender, and each assistant appellate defender shall:
(a) Be an attorney licensed to practice law in this state.
(b) Take and subscribe to the oath required by the constitution before taking office.
(c) Perform duties as may be provided by law.
(d) Represent the indigent defendant only subsequent to a conviction or entry of a guilty plea or plea of nolo contendere at the trial court level.
(e) Not engage in the practice of law or as an attorney or counselor in a court of this state except in the exercise of his duties under this act.
(2) For purposes of this act the appellate defender, the deputy appellate defender, the assistant appellate defender, and support personnel shall be considered as court employees and not as classified civil service employees.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.714.amended - Appellate Defender, Deputy Appellate Defender, and Assistant Appellate Defender; Qualifications, Duties, and Restrictions; Court Employees.

***** 780.714.amended THIS AMENDED SECTION IS EFFECTIVE OCTOBER 1, 2024 *****
780.714.amended Appellate defender, deputy appellate defender, and assistant appellate defender; qualifications, duties, and restrictions; court employees.
Sec. 4.
(1) An individual shall not serve as an appellate defender, deputy appellate defender, or assistant appellate defender unless the individual is an attorney licensed to practice law in this state.
(2) The appellate defender, the deputy appellate defender, and each assistant appellate defender shall do all of the following:
(a) Take and subscribe to the oath required by the constitution before taking office.
(b) Perform duties as may be provided by law.
(c) Represent the following individuals:
(i) An indigent adult only subsequent to a conviction or entry of a guilty plea or plea of nolo contendere at the trial court level.
(ii) An indigent youth only subsequent to an appealable order.
(3) The appellate defender and the deputy appellate defender shall not engage in the practice of law or as an attorney or counselor in a court of this state except in the exercise of the duties prescribed by this act.
(4) For purposes of this act, the appellate defender, the deputy appellate defender, each assistant appellate defender, and support personnel are considered court employees and are not classified civil service employees.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979 ;-- Am. 2023, Act 299, Eff. Oct. 1, 2024
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.715 - Salaries and Expenses; Post Audits; Space and Equipment.

780.715 Salaries and expenses; post audits; space and equipment.
Sec. 5.
(1) The salaries of the appellate defender, deputy appellate defender, assistant appellate defenders, and supporting personnel shall be established by the commission.
(2) The appellate defender, deputy appellate defender, assistant appellate defenders, and supporting personnel shall be reimbursed for their reasonable actual and necessary expenses by the state treasurer upon the warrant of the state treasurer.
(3) Salaries and expenses attributable to the office of appellate defender shall be paid out of funds available for those purposes in accordance with the accounting laws of this state. The auditor general, under authority of section 53 of article 4 of the state constitution of 1963, shall perform post audits utilizing the same policies and criteria that are used to audit executive branch agencies.
(4) Within appropriations provided by law, the department of management and budget shall provide the office of appellate defender with suitable space and equipment in the city of Detroit and at other locations the commission considers necessary.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.716 - Appellate Defender; Duties Generally.

***** 780.716 THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2024: See 780.716.amended *****
780.716 Appellate defender; duties generally.
Sec. 6.
The appellate defender shall:
(a) Conduct an appeal of a felony conviction or conduct other post conviction remedies on behalf of a person for whom the appellate defender is assigned as attorney by a court of a record.
(b) Provide investigatory and other services necessary for a complete appellate review or appropriate post conviction remedy.
(c) Accept only that number of assignments and maintain a caseload which will insure quality criminal defense appellate services consistent with the funds appropriated by the state. However, the number of cases assigned to the appellate defender office shall not be less than 25% of the total criminal defense appellate cases for indigents pending before the appellate courts of this state.
(d) Maintain a repository of briefs prepared by the appellate defender and make those briefs available to private attorneys providing criminal defense appellate services for indigents.
(e) Perform other duties required by law as directed by the commission.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.716.amended - Appellate Defender; Duties Generally.

***** 780.716.amended THIS AMENDED SECTION IS EFFECTIVE OCTOBER 1, 2024 *****
780.716.amended Appellate defender; duties generally.
Sec. 6.
The appellate defender shall do all of the following:
(a) Conduct an appeal of a felony conviction or conduct other postconviction remedies on behalf of an indigent adult for whom the appellate defender is assigned as attorney.
(b) Conduct an appeal of an order or conduct other appropriate postdisposition remedies on behalf of an indigent youth for whom the appellate defender is assigned as attorney.
(c) Provide investigatory and other services necessary for a complete appellate review or appropriate postconviction or postdisposition remedy, as applicable.
(d) Accept only that number of assignments and maintain a caseload which will ensure quality appellate defense services for indigent adults and youth consistent with the funds appropriated by the state. However, the number of cases assigned to the appellate defender office must not be less than 25% of the total appellate defense cases for indigent adults and youth pending before the appellate courts of this state.
(e) Maintain a repository of briefs prepared by the appellate defender and make those briefs available to private attorneys providing appellate defense services for indigent adults and youth.
(f) Perform other duties required by law as directed by the commission.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979 ;-- Am. 2023, Act 299, Eff. Oct. 1, 2024
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.717 - Special Assistant Appellate Defenders; Appointment; Duties; Payment on Contract Basis; Practice of Law Not Restricted.

***** 780.717 THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2024: See 780.717.amended *****
780.717 Special assistant appellate defenders; appointment; duties; payment on contract basis; practice of law not restricted.
Sec. 7.
The appellate defender may appoint special assistant appellate defenders to represent indigent persons or to assist in the representation of an indigent person at any stage of appellate or post conviction proceedings, upon rules adopted by the commission. Special assistant appellate defenders shall be paid on a contract basis approved by the commission within funds available to the commission and shall not be subject to the restrictions on the practice of law contained in section 4.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.717.amended - Special Assistant Appellate Defenders; Appointment; Duties; Payment on Contract Basis; Practice of Law Not Restricted.

***** 780.717.amended THIS AMENDED SECTION IS EFFECTIVE OCTOBER 1, 2024 *****
780.717.amended Special assistant appellate defenders; appointment; duties; payment on contract basis; practice of law not restricted.
Sec. 7.
(1) The appellate defender may appoint special assistant appellate defenders to do any of the following:
(a) Represent indigent adults or otherwise assist in the representation of indigent adults at any stage of appellate or postconviction proceedings, upon rules adopted by the commission.
(b) Represent indigent youth or otherwise assist in the representation of indigent youth at any stage of appellate proceedings, upon rules adopted by the commission.
(2) A special assistant appellate defender shall be paid on a contract basis approved by the commission within funds available to the commission.
(3) A special assistant appellate defender is not subject to the restrictions on the practice of law applicable to the appellate defender, deputy appellate defender, and assistant appellate defender under section 4.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979 ;-- Am. 2023, Act 299, Eff. Oct. 1, 2024
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.718 - Office of Appellate Defender; Funding.

780.718 Office of appellate defender; funding.
Sec. 8.
The office of the appellate defender shall be funded in the following manner:
(a) The legislature may annually appropriate funds necessary to insure the continued operation of the appellate defender commission and the office of the appellate defender.
(b) The appellate defender commission may receive grants from the federal government, from private or public foundations, or from any person whether individual or corporate.
(c) The cost of any transcript shall be borne by the county.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.718a.added - Indigent Defense System; Fees and Expenses; Standard Procedures; Reimbursement.

***** 780.718a.added THIS ADDED SECTION IS EFFECTIVE OCTOBER 1, 2024 *****
780.718a.added Indigent defense system; fees and expenses; standard procedures; reimbursement.
Sec. 8a.
(1) An indigent defense system is responsible for the payment of reasonable fees and expenses for the services provided by locally appointed private counsel under section 2.
(2) The commission shall establish a standard procedure for both of the following:
(a) The payment of locally appointed private counsel by indigent defense systems as described in subsection (1).
(b) The reimbursement of indigent defense systems as described in subsection (4).
(3) The standard procedure established under subsection (2)(a) must include rates and policies that are consistent with the standards established under section 11(2)(b) of the Michigan indigent defense commission act, 2013 PA 93, MCL 780.991.
(4) Subject to appropriation, if an indigent defense system pays locally appointed private counsel under subsection (2) pursuant to the rates and policies established under subsection (3), the state shall reimburse the system for 1/2 of the expenditures of the system. After a system has complied with subsection (2) for 3 full fiscal years, the state shall reimburse the system for all expenditures exceeding the system's local contribution. It is the intent of the legislature to fully fund this reimbursement.
History:
Add. 2023, Act 299, Eff. Oct. 1, 2024
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 620 of 1978 - Appellate Defender Act (780.711 - 780.719) › Section 780.719 - Record; Report.

780.719 Record; report.
Sec. 9.
The appellate defender shall keep a record of services rendered and expenses incurred and shall annually file a report of those services, expenses, and warrants with the commission and the legislature.
History:
1978, Act 620, Imd. Eff. Jan. 6, 1979
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.751 - Short Title.

780.751 Short title.
Sec. 1.
This act shall be known and may be cited as the "William Van Regenmorter crime victim's rights act".
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.752a - Duty to Provide Notice to Victim; Furnishing Information or Records; Exception for Address Confidentiality Program.

780.752a Duty to provide notice to victim; furnishing information or records; exception for address confidentiality program.
Sec. 2a.
(1) The duty under this article and under section 24 of article I of the state constitution of 1963 of a court, the department of corrections, the department of health and human services, a county sheriff, or a prosecuting attorney to provide a notice to a victim also applies if the case against the defendant is resolved by assignment of the defendant to trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal. In performing a duty under this article or under section 24 of article I of the state constitution of 1963, the court, department of corrections, department of health and human services, county sheriff, or prosecuting attorney may furnish information or records to the victim that would otherwise be closed to public inspection, including information or records described in section 14 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.14.
(2) In performing a duty to provide notice by mail under this article or under section 24 of article I of the state constitution of 1963, the court, department of corrections, department of health and human services, county sheriff, or prosecuting attorney shall mail the notice to the address provided by the victim, except as otherwise provided under section 11 of the address confidentiality program act. If the victim is a program participant as that term is defined in section 3 of the address confidentiality program act, the victim may provide the address designated by the department of the attorney general.
History:
Add. 2006, Act 461, Eff. Jan. 1, 2007 ;-- Am. 2020, Act 276, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.753 - Information to Be Given Victim.

780.753 Information to be given victim.
Sec. 3.
Within 24 hours after the initial contact between the victim of a reported crime and the law enforcement agency having the responsibility for investigating that crime, that agency shall give to the victim the following information in writing:
(a) The availability of emergency and medical services, if applicable.
(b) The availability of victim's compensation benefits and the address of the crime victims compensation board.
(c) The address and telephone number of the prosecuting attorney whom the victim should contact to obtain information about victim's rights.
(d) The following statements:
"If you would like to be notified of an arrest in your case or the release of the person arrested, or both, you should call [identify law enforcement agency and telephone number] and inform them."
"If you are not notified of an arrest in your case, you may call this law enforcement agency at [the law enforcement agency's telephone number] for the status of the case.".
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.754 - Return of Property to Victim; Retention of Evidence.

780.754 Return of property to victim; retention of evidence.
Sec. 4.
(1) The law enforcement agency having responsibility for investigating a reported crime shall promptly return to the victim property belonging to that victim which is taken in the course of the investigation, except as provided in subsections (2) to (4).
(2) The agency shall not return property which is contraband.
(3) The agency shall not return property if the ownership of the property is disputed until the dispute is resolved.
(4) The agency shall retain as evidence any weapon used in the commission of the crime and any other evidence if the prosecuting attorney certifies that there is a need to retain that evidence in lieu of a photograph or other means of memorializing its possession by the agency.
History:
1985, Act 87, Eff. Oct. 9, 1985
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.754a - Victim of Identity Theft; Filing Police Report; Jurisdiction; "Identity Theft" Defined.

780.754a Victim of identity theft; filing police report; jurisdiction; "identity theft" defined.
Sec. 4a.
(1) To facilitate compliance with 15 USC 1681g, a bona fide victim of identity theft is entitled to file a police report with a law enforcement agency in a jurisdiction where the alleged violation of identity theft may be prosecuted as provided under section 10c of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.10c, and to obtain a copy of that report from that law enforcement agency.
(2) As used in this section, "identity theft" means that term as defined in section 3 of the identity theft protection act.
History:
Add. 2004, Act 456, Eff. Mar. 1, 2005
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.755 - Victim to Be Given Notice of Availability of Pretrial Release, Telephone Number of Sheriff or Juvenile Facility, and Notice of Right to Contact Sheriff or Juvenile Facility; Revocation of Bond or Personal Recognizance.

780.755 Victim to be given notice of availability of pretrial release, telephone number of sheriff or juvenile facility, and notice of right to contact sheriff or juvenile facility; revocation of bond or personal recognizance.
Sec. 5.
(1) Not later than 24 hours after the arraignment of the defendant for a crime, the law enforcement agency having responsibility for investigating the crime shall give to the victim notice of the availability of pretrial release for the defendant, the telephone number of the sheriff or juvenile facility, and notice that the victim may contact the sheriff or juvenile facility to determine whether the defendant has been released from custody. The law enforcement agency having responsibility for investigating the crime shall promptly notify the victim of the arrest or pretrial release of the defendant, or both, if the victim requests or has requested that information. If the defendant is released from custody by the sheriff or juvenile facility, the sheriff or juvenile facility shall notify the law enforcement agency having responsibility for investigating the crime.
(2) Based upon any credible evidence of acts or threats of physical violence or intimidation by the defendant or at the defendant's direction against the victim or the victim's immediate family, the prosecuting attorney may move that the bond or personal recognizance of a defendant be revoked.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1988, Act 21, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.756 - Notice to Be Given Victim; Consultation With Prosecuting Attorney; Persons to Be Informed of Victim's Current Address and Telephone Number.

780.756 Notice to be given victim; consultation with prosecuting attorney; persons to be informed of victim's current address and telephone number.
Sec. 6.
(1) Not later than 7 days after the defendant's arraignment for a crime, but not less than 24 hours before a preliminary examination, the prosecuting attorney shall give to each victim a written notice in plain English of each of the following:
(a) A brief statement of the procedural steps in the processing of a criminal case.
(b) A specific list of the rights and procedures under this article.
(c) A convenient means for the victim to notify the prosecuting attorney that the victim chooses to exercise his or her rights under this article.
(d) Details and eligibility requirements for compensation from the crime victim services commission under 1976 PA 223, MCL 18.351 to 18.368.
(e) Suggested procedures if the victim is subjected to threats or intimidation.
(f) The person to contact for further information.
(2) If the victim requests, the prosecuting attorney shall give the victim notice of any scheduled court proceedings and any changes in that schedule.
(3) Before finalizing any negotiation that may result in a dismissal, plea or sentence bargain, or pretrial diversion, the prosecuting attorney shall offer the victim the opportunity to consult with the prosecuting attorney to obtain the victim's views about the disposition of the prosecution for the crime, including the victim's views about dismissal, plea or sentence negotiations, and pretrial diversion programs.
(4) A victim who receives a notice under subsection (1) and who chooses to receive any notice or exercise any right under this article shall keep the following persons informed of the victim's current address or address designated by the department of the attorney general if he or she is a program participant as that term is defined in section 3 of the address confidentiality program act and telephone number:
(a) The prosecuting attorney, until final disposition or completion of the appellate process, whichever occurs later.
(b) The department of corrections or the sheriff, as the prosecuting attorney directs, if the defendant is imprisoned.
(c) The department of health and human services or county juvenile agency, as the prosecuting attorney directs, if the defendant is held in a juvenile facility.
(d) The hospital or facility, as the prosecuting attorney directs, if the defendant is hospitalized in or admitted to a hospital or a facility.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1988, Act 21, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 1998, Act 523, Imd. Eff. Jan. 12, 1999 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006 ;-- Am. 2020, Act 276, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.757 - Waiting Area for Victim or Other Safeguards.

780.757 Waiting area for victim or other safeguards.
Sec. 7.
The court shall provide a waiting area for the victim separate from the defendant, defendant's relatives, and defense witnesses if such an area is available and the use of the area is practical. If a separate waiting area is not available or practical, the court shall provide other safeguards to minimize the victim's contact with defendant, defendant's relatives, and defense witnesses during court proceedings.
History:
1985, Act 87, Eff. Oct. 9, 1985
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.759 - Speedy Trial; Requirements; Hearing; Notice; Time of Trial.

780.759 Speedy trial; requirements; hearing; notice; time of trial.
Sec. 9.
(1) As provided in subsection (2), a speedy trial may be scheduled for any case in which the victim is declared by the prosecuting attorney to be any of the following:
(a) A victim of child abuse, including sexual abuse or any other assaultive crime.
(b) A victim of criminal sexual conduct in the first, second, or third degree or of an assault with intent to commit criminal sexual conduct involving penetration or to commit criminal sexual conduct in the second degree.
(c) Sixty-five years of age or older.
(d) An individual with a disability that inhibits the individual's ability to attend court or participate in the proceedings.
(2) The chief judge, upon motion of the prosecuting attorney for a speedy trial for a case described in subsection (1), shall set a hearing date within 14 days of the date of the filing of the motion. Notice shall be made pursuant to the Michigan court rules. If the motion is granted, the trial shall not be scheduled earlier than 21 days from the date of the hearing.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1993, Act 341, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.760 - Conference With Victim by Prosecuting Attorney.

780.760 Conference with victim by prosecuting attorney.
Sec. 10.
Upon request of the victim, the prosecuting attorney shall confer with the victim prior to the selection of the jury and prior to the trial of the defendant.
History:
1985, Act 87, Eff. Oct. 9, 1985
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.761 - Presence of Victim at Trial; Sequestering Victim.

780.761 Presence of victim at trial; sequestering victim.
Sec. 11.
The victim has the right to be present throughout the entire trial of the defendant, unless the victim is going to be called as a witness. If the victim is going to be called as a witness, the court may, for good cause shown, order the victim to be sequestered until the victim first testifies. The victim shall not be sequestered after he or she first testifies.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.762 - Discharge or Discipline of Victim or Victim Representative by Employer or Employer's Agent as Misdemeanor; Penalty; “Victim Representative” Defined.

780.762 Discharge or discipline of victim or victim representative by employer or employer's agent as misdemeanor; penalty; “victim representative” defined.
Sec. 12.
(1) An employer or the employer's agent, who threatens to discharge or discipline or who discharges, disciplines, or causes to be discharged from employment or to be disciplined a victim because that victim is subpoenaed or requested by the prosecuting attorney to attend court for the purpose of giving testimony, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both, and may be punished for contempt of court.
(2) An employer or an employer's agent who disciplines or discharges a victim representative from employment, causes a victim representative to be disciplined or discharged from employment, or threatens to discipline or discharge a victim representative from employment because that victim representative attends or desires to attend court to be present during the testimony of the victim, is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both, and may be punished for contempt of court.
(3) As used in this section, "victim representative" means any of the following:
(a) A guardian or custodian of a child of a deceased victim if the child is less than 18 years of age.
(b) A parent, guardian, or custodian of a victim of an assaultive crime if the victim of the assaultive crime is less than 18 years of age.
(c) A person who has been designated under section 2(2) to act in place of a victim of an assaultive crime during the duration of the victim's physical or emotional disability.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1993, Act 341, Eff. May 1, 1994
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.763 - Notice to Be Given Victim by Prosecuting Attorney; Means; Contents of Impact Statement.

780.763 Notice to be given victim by prosecuting attorney; means; contents of impact statement.
Sec. 13.
(1) The prosecuting attorney, upon and in accordance with the request of the victim, shall give to the victim notice of the following:
(a) The defendant's conviction.
(b) The crimes for which the defendant was convicted.
(c) The victim's right to make a written or oral impact statement for use in the preparation of a presentence investigation report concerning the defendant.
(d) The address and telephone number of the probation office which is to prepare the presentence investigation report.
(e) That a presentence investigation report and any statement of the victim included in the report will be made available to the defendant unless exempted from disclosure by the court.
(f) The victim's right to make an impact statement at sentencing.
(g) The time and place of the sentencing proceeding.
(2) The notice given by the prosecuting attorney to the victim must be given by any means reasonably calculated to give prompt actual notice.
(3) A notice given under subsection (1) shall inform the victim that his or her impact statement may include but shall not be limited to the following:
(a) An explanation of the nature and extent of any physical, psychological, or emotional harm or trauma suffered by the victim.
(b) An explanation of the extent of any economic loss or property damage suffered by the victim.
(c) An opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage.
(d) The victim's recommendation for an appropriate sentence.
History:
1985, Act 87, Eff. Oct. 9, 1985
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.763a - Providing Victim With Form to Receive Certain Notices.

780.763a Providing victim with form to receive certain notices.
Sec. 13a.
(1) When a defendant is sentenced to probation, sentenced to a term of imprisonment, ordered to be placed in a juvenile facility, or hospitalized in or admitted to a hospital or a facility, the prosecuting attorney shall provide the victim with a form the victim may submit to receive the notices provided for under section 18b, 19, 19a, 20, or 20a. The form must include the address of the court, the department of corrections, the sheriff, the department of health and human services, the county juvenile agency, or the hospital or facility, as applicable, to which the form may be sent and a statement that the victim may use the address designated by the department of the attorney general to receive notices if the victim is a program participant as that term is defined in section 3 of the address confidentiality program act.
(2) If the defendant is sentenced to probation, the department of corrections or the sheriff, as applicable, shall notify the victim if the probation is revoked and the defendant is sentenced to the department of corrections or to jail for more than 90 days. The notice must include a form the victim may submit to the department of corrections or the sheriff to receive notices under section 19, 20, or 20a.
(3) If the department of corrections determines that a defendant who was, in the defendant's judgment of sentence, not prohibited from being or permitted to be placed in the special alternative incarceration unit established under section 3 of the special alternative incarceration act, 1988 PA 287, MCL 798.13, meets the eligibility requirements of section 34a(2) and (3) of the corrections code of 1953, 1953 PA 232, MCL 791.234a, the department of corrections shall notify the victim, if the victim has submitted a written request for notification under section 19, of the proposed placement of the defendant in the special alternative incarceration unit not later than 30 days before placement is intended to occur. In making the decision on whether or not to object to the placement of the defendant in a special alternative incarceration unit as required by section 34a(4) of the corrections code of 1953, 1953 PA 232, MCL 791.234a, the sentencing judge or the judge's successor shall review an impact statement submitted by the victim under section 14.
History:
Add. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 1998, Act 523, Imd. Eff. Jan. 12, 1999 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006 ;-- Am. 2006, Act 461, Eff. Jan. 1, 2007 ;-- Am. 2020, Act 276, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.764 - Impact Statement Generally.

780.764 Impact statement generally.
Sec. 14.
The victim has the right to submit or make a written or oral impact statement to the probation officer for use by that officer in preparing a presentence investigation report concerning the defendant pursuant to section 14 of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.14. A victim's written statement shall upon the victim's request, be included in the presentence investigation report.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 2000, Act 503, Eff. June 1, 2001
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.765 - Oral Impact Statement at Sentencing; Physical Presence of Defendant; Remote Option; 2018 Pa 153 May Be Cited as "Rebekah Bletsch Law".

780.765 Oral impact statement at sentencing; physical presence of defendant; remote option; 2018 PA 153 may be cited as "Rebekah Bletsch law".
Sec. 15.
(1) The victim has the right to appear and make an oral impact statement at the sentencing of the defendant. If the victim is physically or emotionally unable to make the oral impact statement, the victim may designate any other person 18 years of age or older who is neither the defendant nor incarcerated to make the statement on the victim's behalf. The other person need not be an attorney. The victim may elect to remotely provide the oral impact statement under this section.
(2) Unless the court has determined, in its discretion, that the defendant is behaving in a disruptive manner or presents a threat to the safety of any individuals present in the courtroom, the defendant must be physically present in the courtroom at the time a victim makes an oral impact statement under subsection (1). In making its determination under this subsection, the court may consider any relevant statement provided by the victim regarding the defendant being physically present during that victim's oral impact statement. This subsection applies to cases in which the sentencing of the defendant occurs after May 22, 2018.
(3) 2018 PA 153, which amended this section and sections 43 and 75, may be cited as the "Rebekah Bletsch law".
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1988, Act 21, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2018, Act 153, Imd. Eff. May 23, 2018 ;-- Am. 2023, Act 178, Eff. Feb. 13, 2024
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.766b - Conviction of Offense Described in MCL 750.462a to 750.462h; Restitution.

780.766b Conviction of offense described in MCL 750.462a to 750.462h; restitution.
Sec. 16b.
When sentencing a defendant convicted of an offense described in chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, the court shall order restitution for the full amount of loss suffered by the victim. In addition to restitution ordered under section 16, the court may order the defendant to pay all of the following:
(a) Lost income, calculated by whichever of the following methods results in the largest amount:
(i) The gross amount received by the defendant from or the value to the defendant of the victim's labor or services.
(ii) The value of the victim's labor or services as calculated under the minimum wage law of 1964, 1964 PA 154, MCL 408.381 to 408.398, or the federal minimum wage, whichever results in the largest value.
(iii) Income loss as determined under section 16(4)(c).
(b) The cost of transportation, temporary housing, and child care expenses incurred by the victim because of the offense.
(c) Attorney fees and other costs and expenses incurred by the victim because of the offense, including, but not limited to, costs and expenses relating to assisting the investigation of the offense and for attendance at related court proceedings as follows:
(i) Wages lost.
(ii) Child care.
(iii) Transportation.
(iv) Parking.
(d) Any other loss suffered by the victim as a proximate result of the offense.
History:
Add. 2010, Act 364, Eff. Apr. 1, 2011 ;-- Am. 2014, Act 340, Eff. Jan. 14, 2015
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.767 - Amount of Restitution; Order; Consideration; Order to Obtain Information; Disclosures; Resolving Dispute as to Amount and Type of Restitution.

780.767 Amount of restitution; order; consideration; order to obtain information; disclosures; resolving dispute as to amount and type of restitution.
Sec. 17.
(1) In determining the amount of restitution to order under section 16, the court shall consider the amount of the loss sustained by any victim as a result of the offense.
(2) The court may order the probation officer to obtain information pertaining to the amounts of loss described in subsection (1). The probation officer shall include the information collected in the presentence investigation report or in a separate report, as the court directs.
(3) The court shall disclose to both the defendant and the prosecuting attorney all portions of the presentence or other report pertaining to the matters described in subsection (1).
(4) Any dispute as to the proper amount or type of restitution shall be resolved by the court by a preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the prosecuting attorney.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1996, Act 562, Eff. June 1, 1997
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.767a - Deductions and Payments.

780.767a Deductions and payments.
Sec. 17a.
(1) If a defendant who has been sentenced to the department of corrections is ordered to pay restitution under section 16, and if the defendant receives more than $50.00 in a month, the department of corrections shall deduct 50% of the amount over $50.00 received by the defendant for payment of the restitution. The department of corrections shall promptly send the deducted money to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the defendant is paroled, transferred to community programs, or discharged on the maximum sentence.
(2) If a defendant who has been sentenced to jail is ordered to pay restitution under section 16, and if the defendant receives more than $50.00 in a month, the sheriff may deduct 50% of the amount over $50.00 received by the defendant for payment of the restitution, and 5% of the amount over $50.00 received by the defendant to be retained by the sheriff as an administrative fee. The sheriff shall promptly send the money deducted for restitution to the court or to the crime victim as provided in the order of restitution when it accumulates to an amount that exceeds $100.00, or when the defendant is released to probation or discharged on the maximum sentence.
(3) The department of corrections or sheriff, as applicable, shall notify the defendant and the court in writing of all deductions and payments made under this section. The requirements of this section remain in effect until all of the restitution has been paid. The department of corrections or sheriff shall not enter into any agreement with a defendant that modifies the requirements of this section. An agreement in violation of this subsection is void.
History:
Add. 2005, Act 184, Eff. Jan. 1, 2006 ;-- Am. 2006, Act 461, Eff. Jan. 1, 2007
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.768 - Sale of Recollections of Thoughts and Feelings of Convicted Person; Proceeds to Be Held in Escrow; Disposition of Proceeds.

780.768 Sale of recollections of thoughts and feelings of convicted person; proceeds to be held in escrow; disposition of proceeds.
Sec. 18.
(1) A person convicted of a crime shall not derive any profit from the sale of any of the following until the victim receives any restitution or compensation ordered for him or her against the defendant, expenses of incarceration are paid under subsection (3), and any balance in the escrow account created under subsection (2) is paid under subsection (4):
(a) The person's recollections of or thoughts or feelings about the offense committed by the person.
(b) Memorabilia related to the offense committed by the person.
(c) The person's property if its value has been enhanced or increased by the person's notoriety.
(2) Upon the conviction of a defendant for a crime involving a victim, and after notice to all interested parties, an attorney for the county in which the conviction occurred or the attorney general may petition the court in which the conviction occurred to order that the defendant forfeit all or any part of proceeds received or to be received by the defendant or the defendant's representatives or assignees from any of the following:
(a) Contracts relating to the depiction of the crime or the defendant's recollections, thoughts, or feelings about the crime, in books, magazines, media entertainment, or live entertainment.
(b) The sale of memorabilia relating to the crime.
(c) The sale of property of the defendant, the value of which has been enhanced or increased by the defendant's notoriety arising from the crime.
(3) Proceeds ordered forfeited under subsection (2) shall be held in an escrow account for a period of not more than 5 years.
(4) During the existence of an escrow account created under subsection (3), proceeds in the account shall be distributed in the following priority to satisfy the following:
(a) An order of restitution entered under section 16.
(b) Any civil judgment in favor of the victim against the defendant.
(c) Any reimbursement ordered under the prisoner reimbursement to the county act, 1984 PA 118, MCL 801.81 to 801.93, or the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406.
(d) Fines, costs, and other assessments ordered against the defendant.
(5) A balance remaining in an escrow account created under subsection (3) at the end of the escrow period shall be paid to the crime victim's rights fund created in section 4 of 1989 PA 196, MCL 780.904.
History:
1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 1996, Act 562, Eff. June 1, 1997 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.768a - Notice to Victim; Explanation of Appeal Process; Rights of Victim if Conviction Reversed.

780.768a Notice to victim; explanation of appeal process; rights of victim if conviction reversed.
Sec. 18a.
(1) Upon the request of the victim, the prosecuting attorney shall notify the victim of the following:
(a) That the defendant filed an appeal of his or her conviction or sentence or that the prosecuting attorney filed an appeal.
(b) Whether the defendant has been ordered released on bail or other recognizance pending the disposition of the appeal. If the prosecuting attorney is notified that the defendant has been ordered released on bail or other recognizance pending disposition of the appeal, the prosecuting attorney shall use any means reasonably calculated to give the victim notice of that order within 24 hours after the prosecuting attorney is notified of the order.
(c) The time and place of any appellate court oral arguments and any changes in the time or place of those arguments.
(d) The result of the appeal. If the conviction is ordered reversed, the sentence is vacated, the case is remanded for a new trial, or the prosecuting attorney's appeal is denied, and if the prosecuting attorney has filed the appropriate notice with the appellate court, the appellate court shall expedite delivery of the relevant document to the prosecuting attorney's office by any means reasonably calculated to give the prosecuting attorney prompt notice. The prosecuting attorney shall use any means reasonably calculated to give the victim notice of that order within 24 hours after the prosecuting attorney is notified of the order.
(2) If the prosecuting attorney is not successful in notifying the victim of an event described in subsection (1) within the period set forth in that subsection, the prosecuting attorney shall notify the victim of that event as soon as possible by any means reasonably calculated to give the victim prompt actual notice.
(3) The prosecuting attorney shall provide the victim with a brief explanation in plain English of the appeal process, including the possible dispositions.
(4) If the case is returned to the trial court for further proceedings or a new trial, the victim has the same rights as previously requested during the proceedings that led to the appeal.
History:
Add. 1988, Act 21, Eff. June 1, 1988 ;-- Am. 1993, Act 341, Eff. May 1, 1994 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2005, Act 184, Eff. Jan. 1, 2006
2023 Michigan Compiled Laws › Chapter 780 - Criminal Procedure › Act 87 of 1985 - William Van Regenmorter Crime Victim's Rights Act (780.751 - 780.834) › Article 1 - (780.751...780.775) › Section 780.768b - Early Termination of Probation; Notice to Victim.

780.768b Early termination of probation; notice to victim.
Sec. 18b.
If a defendant is sentenced to probation with a condition for the protection of the victim and if requested by the victim, the court shall notify the victim by mail if the court orders that the probation be terminated earlier than previously ordered.
History:
Add. 2006, Act 461, Eff. Jan. 1, 2007