MCL ch. 780, subtit. Act 87 of 1985, art. 3

in effect

MCL 780.811 Definitions; physical or emotional inability of victim to exercise privileges and rights; ineligibility to exercise privileges and rights.

780.811. Definitions; physical or emotional inability of victim to exercise privileges and rights; ineligibility to exercise privileges and rights. Sec. 61. (1) Except as otherwise defined in this article, as used in this article: (a) "Serious misdemeanor" means 1 or more of the following: (i) A violation of section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81, assault and battery, including domestic violence. (ii) A violation of section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a, assault; infliction of serious injury, including aggravated domestic violence. (iii) Beginning January 1, 2024, a violation of section 81c(1) of the Michigan penal code, 1931 PA 328, MCL 750.81c, threatening a department of health and human services' employee with physical harm. (iv) A violation of section 115 of the Michigan penal code, 1931 PA 328, MCL 750.115, breaking and entering or illegal entry. (v) A violation of section 136b(7) of the Michigan penal code, 1931 PA 328, MCL 750.136b, child abuse in the fourth degree. (vi) A violation of section 145 of the Michigan penal code, 1931 PA 328, MCL 750.145, contributing to the neglect or delinquency of a minor. (vii) A misdemeanor violation of section 145d of the Michigan penal code, 1931 PA 328, MCL 750.145d, using the internet or a computer to make a prohibited communication. (viii) Beginning January 1, 2024, a violation of section 174a(2) or (3)(b) of the Michigan penal code, 1931 PA 328, MCL 750.174a, embezzlement from a vulnerable adult of an amount of less than $200.00. (ix) Beginning January 1, 2024, a violation of section 174a(3)(a) of the Michigan penal code, 1931 PA 328, MCL 750.174a, embezzlement from a vulnerable adult of an amount of $200.00 to $1,000.00. (x) A violation of section 233 of the Michigan penal code, 1931 PA 328, MCL 750.233, intentionally aiming a firearm without malice. (xi) A violation of section 234 of the Michigan penal code, 1931 PA 328, MCL 750.234, discharge of a firearm intentionally aimed at a person. (xii) A violation of section 235 of the Michigan penal code, 1931 PA 328, MCL 750.235, discharge of an intentionally aimed firearm resulting in injury. (xiii) A violation of section 335a of the Michigan penal code, 1931 PA 328, MCL 750.335a, indecent exposure. (xiv) A violation of section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h, stalking. (xv) A violation of section 601b(2) of the Michigan vehicle code, 1949 PA 300, MCL 257.601b, injuring a worker in a work zone. (xvi) Beginning January 1, 2024, a violation of section 601d(1) of the Michigan vehicle code, 1949 PA 300, MCL 257.601d, moving violation causing death. (xvii) Beginning January 1, 2024, a violation of section 601d(2) of the Michigan vehicle code, 1949 PA 300, MCL 257.601d, moving violation causing serious impairment of a body function. (xviii) A violation of section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a, leaving the scene of a personal injury accident. (xix) A violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual's property or physical injury or death to another individual. (xx) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of section 701 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701, if the violation results in physical injury or death to any individual. (xxi) A violation of section 80176(1) or (3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual's property or physical injury or death to any individual. (xxii) A violation of a local ordinance substantially corresponding to a violation enumerated in subparagraphs (i) to (xxi). (xxiii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xxii) but subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, "crime" means that term as defined in section 2. (b) "Crime victim services commission" means that term as described in section 2 of 1976 PA 223, MCL 18.352. (c) "Defendant" means a person charged with or convicted of having committed a serious misdemeanor against a victim. (d) "Final disposition" means the ultimate termination of the criminal prosecution of a defendant including, but not limited to, dismissal, acquittal, or imposition of a sentence by the court. (e) "Person" means an individual, organization, partnership, corporation, or governmental entity. (f) "Prisoner" means an individual who has been convicted and sentenced to imprisonment for having committed a serious misdemeanor against a victim. (g) "Prosecuting attorney" means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based. (h) "Victim" means any of the following: (i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a serious misdemeanor, except as provided in subparagraph (ii), (iii), (iv), or (v). (ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v): (A) The spouse of the deceased victim. (B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply. (C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply. (D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply. (E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply. (F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply. (iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses. (iv) A parent, guardian, or custodian of a victim who is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process if he or she is not the defendant and is not incarcerated. (v) For the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant: (A) The spouse of the victim. (B) A child of the victim if the child is 18 years of age or older. (C) A parent of the victim. (D) The guardian or custodian of a child of the victim if the child is less than 18 years of age. (E) A sibling of the victim. (F) A grandparent of the victim. (G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated. (2) If a victim as defined in subsection (1)(h)(i) is physically or emotionally unable to exercise the privileges and rights under this article, the victim may designate his or her spouse, child 18 years of age or older, parent, sibling, or grandparent or any other person 18 years of age or older who is neither the defendant nor incarcerated to act in his or her place while the physical or emotional disability continues. The victim shall provide the prosecuting attorney with the name of the person who is to act in place of the victim. During the physical or emotional disability, notices to be provided under this article to the victim must continue to be sent only to the victim. (3) An individual who is charged with a serious misdemeanor, a crime as defined in section 2, or an offense as defined in section 31 arising out of the same transaction from which the charge against the defendant arose is not eligible to exercise the privileges and rights established for victims under this article. (4) An individual who is incarcerated is not eligible to exercise the privileges and rights established for victims under this article except that he or she may submit a written statement to the court for consideration at sentencing. Add. 1988, Act 21, Eff. June 1, 1988; Am. 1993, Act 341, Eff. May 1, 1994; Am. 1996, Act 82, Imd. Eff. Feb. 27, 1996; 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. 2009, Act 28, Eff. July 1, 2009; Am. 2014, Act 130, Eff. July 1, 2014; Am. 2018, Act 370, Eff. Mar. 17, 2019; Am. 2023, Act 177, Eff. Feb. 13, 2024 [Compiler] Enacting section 1 of Act 28 of 2009 provides: [Compiler] "Enacting section 1. This amendatory act takes effect July 1, 2009, and applies only to crimes committed on and after that date."

MCL 780.811a Statement of property damage, physical injury, or death.

780.811a. Statement of property damage, physical injury, or death. Sec. 61a. A law enforcement officer or prosecuting attorney who files with the court a complaint, appearance ticket, traffic citation, or other charging instrument regarding a serious misdemeanor described in section 61(1)(a)(xix), (xx), or (xxi), or a local ordinance substantially corresponding to a serious misdemeanor described in section 61(1)(a)(xix), (xx), or (xxi), shall place a statement on the complaint, appearance ticket, traffic citation, or other charging instrument that the offense resulted in damage to another individual's property or physical injury or death to another individual. Add. 1993, Act 341, Eff. May 1, 1994; Am. 2005, Act 184, Eff. Jan. 1, 2006; Am. 2023, Act 177, Eff. Feb. 13, 2024

MCL 780.811b Duty to provide notice to victim; furnishing information or records; exception for address confidentiality program.

780.811b. Duty to provide notice to victim; furnishing information or records; exception for address confidentiality program. Sec. 61b. (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. Add. 2006, Act 461, Eff. Jan. 1, 2007; Am. 2020, Act 277, Imd. Eff. Dec. 29, 2020

MCL 780.812 Separate written statement.

780.812. Separate written statement. Sec. 62. A law enforcement officer investigating a serious misdemeanor involving a victim shall include with the complaint, appearance ticket, or traffic citation filed with the court a separate written statement including the name, address, and phone number of each victim. This separate statement shall not be a matter of public record. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.813 Information to be given victim of serious misdemeanor.

780.813. Information to be given victim of serious misdemeanor. Sec. 63. (1) Within 24 hours after the initial contact between the victim of a reported serious misdemeanor and the law enforcement agency having the responsibility for investigating that serious misdemeanor, 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.". (2) If the case against the defendant is brought under a local ordinance, the law enforcement agency having responsibility for investigating the serious misdemeanor shall give to the victim the name and business address of the local prosecuting attorney for the political subdivision responsible for prosecuting the case along with the following statement: "The defendant in your case will be prosecuted under a local ordinance, rather than a state statute. Nonetheless, you have all the rights and privileges afforded to victims under the state constitution and the state crime victim's rights act.". Add. 1988, Act 21, Eff. June 1, 1988; Am. 1993, Act 341, Eff. May 1, 1994; Am. 2000, Act 503, Eff. June 1, 2001

MCL 780.813a Revocation of bond or personal recognizance.

780.813a. Revocation of bond or personal recognizance. Sec. 63a. 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. Add. 1993, Act 341, Eff. May 1, 1994

MCL 780.814 Return of property to victim; exceptions.

780.814. Return of property to victim; exceptions. Sec. 64. (1) The law enforcement agency having responsibility for investigating a reported serious misdemeanor 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 serious misdemeanor 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. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.814a Victim of identity theft; filing police report; jurisdiction; "identity theft" defined.

780.814a. Victim of identity theft; filing police report; jurisdiction; "identity theft" defined. Sec. 64a. (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. Add. 2004, Act 456, Eff. Mar. 1, 2005

MCL 780.815 Victim to be given notice of availability of pretrial release, phone number of sheriff, and notice of right to contact sheriff.

780.815. Victim to be given notice of availability of pretrial release, phone number of sheriff, and notice of right to contact sheriff. Sec. 65. Not later than 72 hours after the arrest of the defendant for a serious misdemeanor, the law enforcement agency having responsibility for investigating the serious misdemeanor shall give to the victim notice of the availability of pretrial release for the defendant, the phone number of the sheriff, and notice that the victim may contact the sheriff 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, the sheriff shall notify the law enforcement agency having responsibility for investigating the crime. Add. 1988, Act 21, Eff. June 1, 1988; Am. 2000, Act 503, Eff. June 1, 2001; Am. 2005, Act 184, Eff. Jan. 1, 2006

MCL 780.816 Notice to prosecuting attorney and to victim; consultation by victim with prosecuting attorney; dismissal of case; keeping prosecuting attorney and sheriff informed of victim's current address and telephone number.

780.816. Notice to prosecuting attorney and to victim; consultation by victim with prosecuting attorney; dismissal of case; keeping prosecuting attorney and sheriff informed of victim's current address and telephone number. Sec. 66. (1) If a plea of guilty or nolo contendere is accepted by the court at the time of the arraignment of the defendant for a serious misdemeanor, the court shall notify the prosecuting attorney of the plea and the date of sentencing within 48 hours after the arraignment. If no guilty or nolo contendere plea is accepted at the arraignment and further proceedings will be scheduled, the court shall so notify the prosecuting attorney within 48 hours after the arraignment. A notice to the prosecuting attorney under this subsection must be on a separate form and must include the name, address, and telephone number of the victim. The notice is not a public record and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. Within 48 hours after receiving this notice, 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 misdemeanor case, including pretrial conferences. (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 requested by the victim, the prosecuting attorney shall give to the victim notice of any scheduled court proceedings and notice of any changes in that schedule. (3) If the defendant has not already entered a plea of guilty or nolo contendere at the arraignment, the prosecuting attorney shall offer the victim the opportunity to consult with the prosecuting attorney to obtain the views of the victim about the disposition of the serious misdemeanor, including the victim's views about dismissal, plea or sentence negotiations, and pretrial diversion programs before finalizing any negotiation that may result in a dismissal, plea or sentence bargain, or pretrial diversion. (4) If the case against the defendant is dismissed at any time, the prosecuting attorney shall notify the victim of the dismissal within 48 hours. (5) A victim who receives a notice under subsection (1) or (2) 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 sheriff, if the defendant is imprisoned for more than 92 days. 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. 2020, Act 277, Imd. Eff. Dec. 29, 2020

MCL 780.817 Separate waiting area for victim; safeguards.

780.817. Separate waiting area for victim; safeguards. Sec. 67. 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. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.818 Testimony of victim or other witness; consent of victim; hearing; exemption from disclosure; exception.

780.818. Testimony of victim or other witness; consent of victim; hearing; exemption from disclosure; exception. Sec. 68. (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 the victim or the victim's immediate family, the prosecuting attorney may move that the victim or any other witness not be compelled to testify at pretrial proceedings or at trial for purposes of identifying the victim as to the victim's address, place of employment, or other personal identification without the victim's consent. A hearing on the motion must be in camera. (2) Under section 24 of article I of the state constitution of 1963, guaranteeing to crime victims the right to be treated with respect for their dignity and privacy, information and visual representations of a victim are subject to the following: (a) The home address, home telephone number, work address, and work telephone number of the victim are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim, are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and, if the picture, photograph, drawing, or other visual representation is from a court proceeding that is made available to the public through streaming on the internet or other means, the picture, photograph, drawing, or visual representation may be blurred. (c) The following information concerning a victim of child abuse, criminal sexual conduct, assault with intent to commit criminal sexual conduct, or a similar crime who was less than 18 years of age when the crime was committed is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246: (i) The victim's name and address. (ii) The name and address of an immediate family member or relative of the victim, who has the same surname as the victim, other than the name and address of the accused. (iii) Any other information that would tend to reveal the identity of the victim, including a reference to the victim's familial or other relationship to the accused. (3) Subsection (2) does not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services. Add. 1988, Act 21, Eff. June 1, 1988; Am. 2000, Act 503, Eff. June 1, 2001; Am. 2012, Act 457, Imd. Eff. Dec. 27, 2012; Am. 2023, Act 179, Eff. Feb. 13, 2024

MCL 780.819 Expedited trial.

780.819. Expedited trial. Sec. 69. An expedited trial may be scheduled for any case in which the victim is averred by the prosecuting attorney to be a child. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.820 Conference prior to trial.

780.820. Conference prior to trial. Sec. 70. Upon request of the victim, the prosecuting attorney shall confer with the victim prior to the trial of the defendant. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.821 Right of victim to be present at trial; sequestering of victim.

780.821. Right of victim to be present at trial; sequestering of victim. Sec. 71. 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. Add. 1988, Act 21, Eff. June 1, 1988; Am. 2000, Act 503, Eff. June 1, 2001

MCL 780.822 Discharge or discipline of victim or victim representative by employer or employer's agent as misdemeanor; penalty; “victim representative” defined.

780.822. Discharge or discipline of victim or victim representative by employer or employer's agent as misdemeanor; penalty; “victim representative” defined. Sec. 72. (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 serious misdemeanor if the victim of the assaultive serious misdemeanor is less than 18 years of age. (c) A person who has been designated under section 61(2) to act in place of a victim of an assaultive serious misdemeanor during the duration of the victim's physical or emotional disability. Add. 1988, Act 21, Eff. June 1, 1988; Am. 1993, Act 341, Eff. May 1, 1994

MCL 780.823 Additional notice to victim; means; contents of impact statement.

780.823. Additional notice to victim; means; contents of impact statement. Sec. 73. (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 offenses for which the defendant was convicted. (c) If a presentence investigation report is to be prepared, the victim's right to make a written or oral impact statement for use in the preparation of the 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. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.824 Preparation of presentence investigation report; written or oral impact statement; inclusion of statement in presentence investigation report.

780.824. Preparation of presentence investigation report; written or oral impact statement; inclusion of statement in presentence investigation report. Sec. 74. If a presentence investigation report concerning the defendant is prepared, 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 the report 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. Add. 1988, Act 21, Eff. June 1, 1988; Am. 2000, Act 503, Eff. June 1, 2001

MCL 780.825 Notice of sentencing; impact statement; physical presence of defendant; remote option; 2018 PA 153 may be cited as "Rebekah Bletsch law".

780.825. Notice of sentencing; impact statement; physical presence of defendant; remote option; 2018 PA 153 may be cited as "Rebekah Bletsch law". Sec. 75. (1) If no presentence report is prepared, the court shall notify the prosecuting attorney of the date and time of sentencing at least 10 days before the sentencing. The victim has the right to submit a written impact statement and 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. The court shall consider the victim's statement in imposing sentence on the defendant. (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 15 and 43, may be cited as the "Rebekah Bletsch law". Add. 1988, Act 21, Eff. June 1, 1988; 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

MCL 780.826 Definitions; restitution by defendant convicted of misdemeanor.

780.826. Definitions; restitution by defendant convicted of misdemeanor. Sec. 76. (1) As used in this section only: (a) "Misdemeanor" means a violation of a law of this state or a local ordinance that is punishable by imprisonment for not more than 1 year or a fine that is not a civil fine, but that is not a felony. (b) "Victim" means an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a misdemeanor. As used in subsections (2), (3), (6), (8), (9), and (13) only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of a misdemeanor. (2) Except as provided in subsection (8), when sentencing a defendant convicted of a misdemeanor, the court shall order, in addition to or in lieu of any other penalty authorized by law or in addition to any other penalty required by law, that the defendant make full restitution to any victim of the defendant's course of conduct that gives rise to the conviction or to the victim's estate. For an offense that is resolved by assignment of the defendant to youthful trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, the court shall order the restitution required under this section. (3) If a misdemeanor results in damage to or loss or destruction of property of a victim of the misdemeanor or results in the seizure or impoundment of property of a victim of the misdemeanor, the order of restitution shall require that the defendant do 1 or more of the following, as applicable: (a) Return the property to the owner of the property or to a person designated by the owner. (b) If return of the property under subdivision (a) is impossible, impractical, or inadequate, pay an amount equal to the greater of subparagraph (i) or (ii), less the value, determined as of the date the property is returned, of that property or any part of the property that is returned: (i) The fair market value of the property on the date of the damage, loss, or destruction. However, if the fair market value of the property cannot be determined or is impractical to ascertain, then the replacement value of the property shall be utilized in lieu of the fair market value. (ii) The fair market value of the property on the date of sentencing. However, if the fair market value of the property cannot be determined or is impractical to ascertain, then the replacement value of the property shall be utilized in lieu of the fair market value. (c) Pay the costs of the seizure or impoundment, or both. (4) If a misdemeanor results in physical or psychological injury to a victim, the order of restitution shall require that the defendant do 1 or more of the following, as applicable: (a) Pay an amount equal to the reasonably determined cost of medical and related professional services and devices actually incurred and reasonably expected to be incurred relating to physical and psychological care. (b) Pay an amount equal to the reasonably determined cost of physical and occupational therapy and rehabilitation actually incurred and reasonably expected to be incurred. (c) Reimburse the victim or the victim's estate for after-tax income loss suffered by the victim as a result of the misdemeanor. (d) Pay an amount equal to the reasonably determined cost of psychological and medical treatment for members of the victim's family actually incurred and reasonably expected to be incurred as a result of the misdemeanor. (e) Pay an amount equal to the reasonably determined costs of homemaking and child care expenses actually incurred and reasonably expected to be incurred as a result of the misdemeanor or, if homemaking or child care is provided without compensation by a relative, friend, or any other person, an amount equal to the costs that would reasonably be incurred as a result of the misdemeanor for that homemaking and child care, based on the rates in the area for comparable services. (f) Pay an amount equal to the cost of actual funeral and related services. (g) If the deceased victim could be claimed as a dependent by his or her parent or guardian on the parent's or guardian's federal, state, or local income tax returns, pay an amount equal to the loss of the tax deduction or tax credit. The amount of reimbursement shall be estimated for each year the victim could reasonably be claimed as a dependent. (h) Pay an amount equal to income actually lost by the spouse, parent, sibling, child, or grandparent of the victim because the family member left his or her employment, temporarily or permanently, to care for the victim because of the injury. (5) If a crime resulting in bodily injury also results in the death of a victim or serious impairment of a body function of a victim, the court may order up to 3 times the amount of restitution otherwise allowed under this section. As used in this subsection, "serious impairment of a body function of a victim" includes, but is not limited to, 1 or more of the following: (a) Loss of a limb or use of a limb. (b) Loss of a hand or foot or use of a hand or foot. (c) Loss of an eye or use of an eye or ear. (d) Loss or substantial impairment of a bodily function. (e) Serious visible disfigurement. (f) A comatose state that lasts for more than 3 days. (g) Measurable brain damage or mental impairment. (h) A skull fracture or other serious bone fracture. (i) Subdural hemorrhage or subdural hematoma. (j) Loss of a body organ. (6) If the victim or victim's estate consents, the order of restitution may require that the defendant make restitution in services in lieu of money. (7) If the victim is deceased or dies, the court shall order that the restitution or remaining restitution be made to those entitled to inherit from the victim's estate. (8) The court shall order restitution to the crime victim services commission or to any individuals, partnerships, corporations, associations, governmental entities, or other legal entities that have compensated the victim or the victim's estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The court shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the misdemeanor. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, an order of restitution shall require that all restitution to a victim or victim's estate under the order be made before any restitution to any other person or entity under that order is made. The court shall not order restitution to be paid to a victim or victim's estate if the victim or victim's estate has received or is to receive compensation for that loss, and the court shall state on the record with specificity the reasons for its action. (9) Any amount paid to a victim or victim's estate under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim or the victim's estate in any federal or state civil proceeding and shall reduce the amount payable to a victim or a victim's estate by an award from the crime victim services commission made after an order of restitution under this section. (10) If not otherwise provided by the court under this subsection, restitution shall be made immediately. However, the court may require that the defendant make restitution under this section within a specified period or in specified installments. (11) If the defendant is placed on probation or the court imposes a conditional sentence as provided in section 3 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.3, any restitution ordered under this section shall be a condition of that probation or sentence. The court may revoke probation or impose imprisonment under the conditional sentence if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. In determining whether to revoke probation or impose imprisonment, the court shall consider the defendant's employment status, earning ability, and financial resources, the willfulness of the defendant's failure to pay, and any other special circumstances that may have a bearing on the defendant's ability to pay. (12) Subject to subsection (15), a defendant who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the sentencing judge or his or her successor to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the defendant or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment. (13) An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive restitution in the same manner as a judgment in a civil action or a lien. (14) Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or otherwise for failure to pay restitution as ordered under this section unless the court determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so. (15) In each case in which payment of restitution is ordered as a condition of probation, the court shall order any employed defendant to make regularly scheduled restitution payments. If the defendant misses 2 or more regularly scheduled payments, the court shall order the defendant to execute a wage assignment to pay the restitution. The probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the probation officer assigned to the case shall review the case at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted not less than 60 days before the probationary period expires. If the probation officer determines at any review that restitution is not being paid as ordered, the probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office or shall petition the court for a probation violation. The report or petition shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report or petition to the prosecuting attorney. If a petition or motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance. (16) If the court determines that a defendant who is ordered to pay restitution under this section is remanded to the jurisdiction of the department of corrections, the court shall provide a copy of the order of restitution to the department of corrections when the court determines that the defendant is remanded to the department's jurisdiction. (17) The court shall not impose a fee on a victim, victim's estate, or prosecuting attorney for enforcing an order of restitution. (18) If a person or entity entitled to restitution under this section cannot be located, refuses to claim the restitution within 2 years after the date on which he or she could have claimed the restitution, or refuses to accept the restitution, the restitution to which that person or entity is entitled shall be deposited in the crime victim's rights fund created under section 4 of 1989 PA 196, MCL 780.904, or its successor fund. However, a person or entity entitled to that restitution may claim that restitution any time by applying to the court that originally ordered and collected it. The court shall notify the crime victim services commission of the application and the commission shall approve a reduction in the court's revenue transmittal to the crime victim's rights fund equal to the restitution owed to the person or entity. The court shall use the reduction to reimburse that restitution to the person or entity. (19) The court may amend an order of restitution entered under this section on a motion by the prosecuting attorney, the victim, or the defendant based upon new information related to the injury, damages, or loss for which the restitution was ordered. (20) A court that receives notice that a defendant who has an obligation to pay restitution under this section has declared bankruptcy shall forward a copy of that notice to the prosecuting attorney. The prosecuting attorney shall forward the notice to the victim at the victim's last known address. (21) If the victim is a minor, the order of restitution shall require the defendant pay to a parent of the victim an amount that is determined to be reasonable for any of the following that are actually incurred or reasonably expected to be incurred by the parent as a result of the crime: (a) Homemaking and child care expenses. (b) Income loss not ordered to be paid under subsection (4)(h). (c) Mileage. (d) Lodging or housing. (e) Meals. (f) Any other cost incurred in exercising the rights of the victim or a parent under this act. Add. 1988, Act 21, Eff. June 1, 1988; Am. 1993, Act 341, Eff. May 1, 1994; Am. 1996, Act 121, Eff. May 1, 1996; Am. 1996, Act 562, Eff. June 1, 1997; Am. 1998, Act 232, Imd. Eff. July 3, 1998; Am. 2000, Act 503, Eff. June 1, 2001; Am. 2005, Act 184, Eff. Jan. 1, 2006; Am. 2009, Act 28, Eff. July 1, 2009; Am. 2013, Act 139, Imd. Eff. Oct. 22, 2013 [Compiler] Enacting section 1 of Act 28 of 2009 provides: [Compiler] "Enacting section 1. This amendatory act takes effect July 1, 2009, and applies only to crimes committed on and after that date."

MCL 780.826a Allocation of payments.

780.826a. Allocation of payments. Sec. 76a. (1) If a person is subject to any combination of fines, costs, restitution, assessments, probation or parole supervision fees, or other payments arising out of the same criminal proceeding, money collected from that person for the payment of fines, costs, restitution, assessments, probation or parole supervision fees, or other payments ordered to be paid in that proceeding shall be allocated as provided in this section. If a person is subject to fines, costs, restitution, assessments, probation or parole supervision fees, or other payments in more than 1 proceeding in a court and if a person making a payment on the fines, costs, restitution, assessments, probation or parole supervision fees, or other payments does not indicate the proceeding for which the payment is made, the court shall first apply the money paid to a proceeding in which there is unpaid restitution to be allocated as provided in this section. (2) Except as otherwise provided in this subsection, if a person is subject to payment of victim payments and any combination of other fines, costs, assessments, probation or parole supervision fees, or other payments, 50% of each payment collected by the court from that person shall be applied to payment of victim payments, and the balance shall be applied to payment of fines, costs, supervision fees, and other assessments or payments. If a person making a payment indicates that the payment is to be applied to victim payments, or if the payment is received as a result of a wage assignment under section 76 or from the sheriff under section 80a, the payment shall first be applied to victim payments. If any fines, costs, supervision fees, or other assessments or payments remain unpaid after all of the victim payments have been paid, any additional money collected shall be applied to payment of those fines, costs, supervision fees, or other assessments or payments. If any victim payments remain unpaid after all of the fines, costs, supervision fees, or other assessments or payments have been paid, any additional money collected shall be applied to payment of those victim payments. (3) In cases involving prosecutions for violations of state law, money allocated under subsection (2) for payment of fines, costs, probation and parole supervision fees, and assessments or payments other than victim payments shall be applied in the following order of priority: (a) Payment of the minimum state cost prescribed by section 1j of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1j. (b) Payment of other costs. (c) Payment of fines. (d) Payment of probation or parole supervision fees. (e) Payment of assessments and other payments, including reimbursement to third parties who reimbursed a victim for his or her loss. (4) In cases involving prosecutions for violations of local ordinances, money allocated under subsection (2) for payment of fines, costs, and assessments or payments other than victim payments shall be applied in the following order of priority: (a) Payment of the minimum state cost prescribed by section 1j of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1j. (b) Payment of fines and other costs. (c) Payment of assessments and other payments. (5) As used in this section, "victim payment" means restitution ordered to be paid to the victim or the victim's estate, but not to a person who reimbursed the victim for his or her loss; or an assessment ordered under section 5 of 1989 PA 196, MCL 780.905. Add. 2000, Act 503, Eff. June 1, 2001; Am. 2003, Act 98, Eff. Oct. 1, 2003; Am. 2005, Act 184, Eff. Jan. 1, 2006; Am. 2006, Act 461, Eff. Jan. 1, 2007

MCL 780.827 Notice of final disposition of case.

780.827. Notice of final disposition of case. Sec. 77. Upon the request of a victim, the prosecuting attorney shall, within 30 days after the final disposition of the case, notify the victim in writing of the final disposition of the case. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.827a Notice to victim of defendant's application to have conviction for serious misdemeanor set aside.

780.827a. Notice to victim of defendant's application to have conviction for serious misdemeanor set aside. Sec. 77a. If a defendant applies to have a conviction for a serious misdemeanor set aside under Act No. 213 of the Public Acts of 1965, being sections 780.621 to 780.624 of the Michigan Compiled Laws, and if the name of the victim is known by the prosecuting attorney, the prosecuting attorney shall give to the victim of the serious misdemeanor written notice of the application and forward a copy of the application to the victim. The notice shall be by first-class mail to the victim's last known address. The victim has the right to appear at any proceeding under Act No. 213 of the Public Acts of 1965 concerning that conviction and make a written or oral statement. Add. 1993, Act 341, Eff. May 1, 1994

MCL 780.827b Early termination of probation; notice to victim.

780.827b. Early termination of probation; notice to victim. Sec. 77b. 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. Add. 2006, Act 461, Eff. Jan. 1, 2007

MCL 780.828 Additional notice to victim; further proceedings or new trial.

780.828. Additional notice to victim; further proceedings or new trial. Sec. 78. (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 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. 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

MCL 780.828a Information to be mailed to victim of serious misdemeanor; form to receive notices.

780.828a. Information to be mailed to victim of serious misdemeanor; form to receive notices. Sec. 78a. (1) Upon the written request of a victim of a serious misdemeanor, the sheriff shall mail to the victim the following, as applicable, about a prisoner who has been sentenced to imprisonment under the jurisdiction of the sheriff for commission of that serious misdemeanor: (a) Within 30 days after the request, notice of the sheriff's calculation of the earliest release date of the prisoner, with all potential good time or disciplinary credits considered if the sentence of imprisonment exceeds 90 days. The victim may request 1-time only notice of the calculation described in this subdivision. (b) Notice that a prisoner has had his or her name legally changed while imprisoned in the county jail or within 2 years of release from the county jail. (c) Notice that the prisoner has been placed on day parole or work release. (2) When a defendant is sentenced to probation or a term of imprisonment, the prosecuting attorney shall provide the victim with a form the victim may submit to receive the notices provided for under this section or section 77b or 78b. The form must include the address of the court, prosecuting attorney, or sheriff's department, 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. Add. 1993, Act 341, Eff. May 1, 1994; Am. 1996, Act 105, Eff. Apr. 1, 1996; Am. 2000, Act 503, Eff. June 1, 2001; Am. 2006, Act 461, Eff. Jan. 1, 2007; Am. 2020, Act 277, Imd. Eff. Dec. 29, 2020

MCL 780.828b Notice of escape.

780.828b. Notice of escape. Sec. 78b. (1) As provided in subsection (2) or (3), a victim who requests notice of the escape and the prosecuting attorney who is prosecuting or has prosecuted the serious misdemeanor for which the person is detained or under sentence shall be given immediate notice of the escape of the person accused, convicted, or imprisoned for committing a serious misdemeanor against the victim. The notice shall be given by any means reasonably calculated to give prompt actual notice. (2) If the escape occurs before the sentence is executed or before the defendant is delivered to the sheriff, the chief law enforcement officer of the agency in charge of the person's detention shall give notice of the escape to the prosecuting attorney, who shall then give notice of the escape to a victim who requested notice. (3) If the defendant is confined pursuant to a sentence, the notice shall be given by the chief administrator of the place in which the prisoner is confined. Add. 1993, Act 341, Eff. May 1, 1994

MCL 780.829 Notice of release of defendant; written request.

780.829. Notice of release of defendant; written request. Sec. 79. (1) Upon the written request of the victim, the sheriff shall notify the victim of the earliest possible release date of the defendant if the defendant is sentenced to more than 92 days' imprisonment. (2) The victim's written request for notice under this section shall include the victim's address. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.830 Exemption of victim's address and telephone number from disclosure.

780.830. Exemption of victim's address and telephone number from disclosure. Sec. 80. A victim's address and telephone number maintained by a court or a sheriff pursuant to this article is exempt from disclosure under the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.830a Deductions and payments.

780.830a. Deductions and payments. Sec. 80a. (1) If a defendant who has been sentenced to jail is ordered to pay restitution under section 76, 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. (2) The sheriff 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 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. Add. 2005, Act 184, Eff. Jan. 1, 2006; Am. 2006, Act 461, Eff. Jan. 1, 2007

MCL 780.831 Profit from sale of recollections of thoughts and feelings of person convicted; misdemeanor; forfeiture; escrow account; distribution of proceeds.

780.831. Profit from sale of recollections of thoughts and feelings of person convicted; misdemeanor; forfeiture; escrow account; distribution of proceeds. Sec. 81. (1) A person convicted of a serious misdemeanor 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 serious misdemeanor 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 76. (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 ordered under 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. Add. 1988, Act 21, Eff. June 1, 1988; Am. 1996, Act 562, Eff. June 1, 1997; Am. 2005, Act 184, Eff. Jan. 1, 2006

MCL 780.832 No cause of action against state or local government.

780.832. No cause of action against state or local government. Sec. 82. Nothing in this article shall be construed as creating a cause of action for money damages against the state, a county, a municipality or any of their agencies, instrumentalities, or employees. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.833 Failure to provide right, privilege, or notice to victim.

780.833. Failure to provide right, privilege, or notice to victim. Sec. 83. The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek to have the conviction or sentence set aside. Add. 1988, Act 21, Eff. June 1, 1988

MCL 780.834 Effective date of article; applicability.

780.834. Effective date of article; applicability. Sec. 84. (1) This article shall take effect June 1, 1988. (2) This article shall apply only to misdemeanors committed on or after June 1, 1988. Add. 1988, Act 21, Eff. June 1, 1988

Source: Michigan Legislature (legislature.mi.gov)URL: https://legislature.mi.gov/documents/mcl/Chapter%20780.xmlFetched: 10/20/2026