Michigan Compiled Laws 87-1985-1 Article 1 (780.751...780.775)

• Section 780.751 Short Title.
  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....
• Section 780.752 Definitions; Designation Of Person To Act In Place Of Victim; Individual Charged With Offense Arising Out Of Same Transaction; Eligibility To Exercise Privileges And Rights Established For Victims.
  (1) Except as otherwise defined in this article, as used in this article: (a) "County juvenile agency" means that term as defined in section...
• Section 780.752a Duty To Provide Notice To Victim; Furnishing Information Or Records.
  The duty under this chapter and under section 24 of article I of the state constitution of 1963 of a court, the department of...
• Section 780.753 Information To Be Given Victim.
  Within 24 hours after the initial contact between the victim of a reported crime and the law enforcement agency having the responsibility for investigating...
• Section 780.754 Return Of Property To Victim; Retention Of Evidence.
  (1) The law enforcement agency having responsibility for investigating a reported crime shall promptly return to the victim property belonging to that victim which...
• Section 780.754a Victim Of Identity Theft; Filing Police Report; Jurisdiction; "Identity Theft" Defined.
  (1) To facilitate compliance with 15 USC 1681g, a bona fide victim of identity theft is entitled to file a police report with a...
• 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.
  (1) Not later than 24 hours after the arraignment of the defendant for a crime, the law enforcement agency having responsibility for investigating the...
• Section 780.756 Notice To Be Given Victim; Consultation With Prosecuting Attorney; Persons To Be Informed Of Victim's Current Address And Telephone Number.
  (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...
• Section 780.757 Waiting Area For Victim Or Other Safeguards.
  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...
• Section 780.758 Motion Not To Compel Testimony Of Victim Or Other Witness; Hearing; Address And Phone Number Of Victim Not To Be In Court File Or Documents; Exemption From Disclosure; Exception.
  (1) Based upon the victim's reasonable apprehension of acts or threats of physical violence or intimidation by the defendant or at defendant's direction against...
• Section 780.759 Speedy Trial; Requirements; Hearing; Notice; Time Of Trial.
  (1) As provided in subsection (2), a speedy trial may be scheduled for any case in which the victim is declared by the prosecuting...
• Section 780.760 Conference With Victim By Prosecuting Attorney.
  Upon request of the victim, the prosecuting attorney shall confer with the victim prior to the selection of the jury and prior to the...
• Section 780.761 Presence Of Victim At Trial; Sequestering Victim.
  The victim has the right to be present throughout the entire trial of the defendant, unless the victim is going to be called as...
• Section 780.762 Discharge Or Discipline Of Victim Or Victim Representative By Employer Or Employer's Agent As Misdemeanor; Penalty; “victim Representative” Defined.
  (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...
• Section 780.763 Notice To Be Given Victim By Prosecuting Attorney; Means; Contents Of Impact Statement.
  (1) The prosecuting attorney, upon and in accordance with the request of the victim, shall give to the victim notice of the following: (a)...
• Section 780.763a Providing Victim With Form To Receive Certain Notices.
  (1) When a defendant is sentenced to probation, sentenced to a term of imprisonment, ordered to be placed in a juvenile facility, or hospitalized...
• Section 780.764 Impact Statement Generally.
  The victim has the right to submit or make a written or oral impact statement to the probation officer for use by that officer...
• Section 780.765 Oral Impact Statement At Sentencing.
  The victim has the right to appear and make an oral impact statement at the sentencing of the defendant. If the victim is physically...
• Section 780.766 "Victim" Defined; Restitution; Order; Condition Of Probation, Parole, Or Sentence; Revocation Of Probation Or Parole; Petition To Modify Payment Method; Lien; Enforcement; Failure To Pay Restitution; Payment By Parent Of Juvenile; Definitions; Review; Report Or Petition; Compliance; Copy Of Order To Department Of Corrections; Disposition Of Unclaimed Restitution; Amendment Of Order; Effect Of Bankruptcy; Victim As Minor.
  (1) As used in this section only, "victim" means an individual who suffers direct or threatened physical, financial, or emotional harm as a result...
• Section 780.766a Fines, Costs, And Assessments Or Payments Other Than Victim Payments; Allocation Of Payments; Priority; "Victim Payment" Defined.
  (1) If a person is subject to any combination of fines, costs, restitution, assessments, probation or parole supervision fees, or other payments arising out...
• Section 780.766b Conviction Of Offense Described In Mcl 750.462a To 750.462h; Restitution.
  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,...
• Section 780.767 Amount Of Restitution; Order; Consideration; Order To Obtain Information; Disclosures; Resolving Dispute As To Amount And Type Of Restitution.
  (1) In determining the amount of restitution to order under section 16, the court shall consider the amount of the loss sustained by any...
• Section 780.767a Deductions And Payments.
  (1) If a defendant who has been sentenced to the department of corrections is ordered to pay restitution under section 16, and if the...
• Section 780.768 Sale Of Recollections Of Thoughts And Feelings Of Convicted Person; Proceeds To Be Held In Escrow; Disposition Of Proceeds.
  (1) A person convicted of a crime shall not derive any profit from the sale of any of the following until the victim receives...
• Section 780.768a Notice To Victim; Explanation Of Appeal Process; Rights Of Victim If Conviction Reversed.
  (1) Upon the request of the victim, the prosecuting attorney shall notify the victim of the following: (a) That the defendant filed an appeal...
• Section 780.768b Early Termination Of Probation; Notice To Victim.
  If a defendant is sentenced to probation with a condition for the protection of the victim and if requested by the victim, the court...
• Section 780.769 Request For Notice By Victim; Exemption Of Victim's Address And Telephone Number From Disclosure.
  (1) Upon the written request of any individual who was a victim of the defendant's course of conduct that gave rise to the conviction,...
• Section 780.769a Defendant Found Not Guilty By Reason Of Insanity; Notice To Victim From Director Of Hospital Or Facility.
  (1) On a victim's written request, the director of a hospital or facility where a defendant found not guilty by reason of insanity has...
• Section 780.770 Notice Of Escape.
  (1) The person designated in subsections (2) to (4) shall give a victim who requests notice and the prosecuting attorney who is prosecuting or...
• Section 780.770a Notice To Victim By Family Independence Agency Or County Juvenile Agency; Escape By Juvenile.
  (1) Upon a victim's written request, the family independence agency or county juvenile agency, as applicable, shall make a good faith effort to notify...
• Section 780.770b Notice Of Review Hearing.
  Upon the victim's request, the prosecuting attorney shall give the victim notice of a review hearing conducted pursuant to section 1b of chapter IX...
• Section 780.771 Rights Of Victim; Notice Of Pending Review And Victim's Rights; Representation Of Counsel; Notice Of Board Or Panel Decision; Exemption From Disclosure.
  (1) A victim has the right to do both of the following: (a) To address or submit a written statement for consideration by a...
• Section 780.772 Notice Of Final Disposition Of Case.
  Upon the request of a victim, the prosecuting attorney shall, within 30 days of the final disposition of the case, notify the victim in...
• Section 780.772a Notice To Victim Of Defendant's Application To Have Conviction For Assaultive Crime Set Aside; “assaultive Crime” Defined.
  If a defendant applies to have a conviction for an assaultive crime set aside under Act No. 213 of the Public Acts of 1965,...
• Section 780.773 Cause Of Action Not Created.
  Nothing in this article shall be construed as creating a cause of action for money damages against the state, a county, a municipality or...
• Section 780.774 Failure To Provide Right, Privilege, Or Notice To Victim.
  The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek...
• Section 780.775 Effective Date Of Article; Applicability.
  (1) This article shall take effect October 9, 1985. (2) This article shall apply only to crimes committed on or after October 9, 1985....

Last modified: October 10, 2016