October 19, 2016, Introduced by Rep. Kosowski and referred to the Committee on Criminal Justice.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2157a (MCL 600.2157a), as added by 1984 PA 340.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2157a. (1) For purposes of this section:
(a) "Confidential communication" means information transmitted
between
a victim and a sexual assault, or domestic violence, or
human trafficking counselor, or between a victim or sexual assault,
or
domestic violence, or human trafficking counselor and any other
person to whom disclosure is reasonably necessary to further the
interests of the victim, in connection with the rendering of
advice,
counseling, or other assistance by the sexual assault, or
domestic violence, or human trafficking counselor to the victim.
(b) "Domestic violence" means that term as defined in section
1501
of Act No. 389 of the Public Acts of 1978, being section
400.1501
of the Michigan Compiled Laws.1
of 1978 PA 389, MCL
400.1501.
(c) "Human trafficking" means a violation of chapter LXVIIA of
the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h.
(d) "Human trafficking counselor" means a person who is
employed by or volunteers at an organization for the purpose of
providing advice, counseling, or other assistance to victims of
human trafficking.
(e) (c)
"Sexual assault" means
assault with intent to commit
criminal sexual conduct.
(f) (d)
"Sexual assault or domestic
violence counselor" means
a person who is employed at or who volunteers service at a sexual
assault or domestic violence crisis center, and who in that
capacity provides advice, counseling, or other assistance to
victims of sexual assault or domestic violence and their families.
(g) (e)
"Sexual assault or domestic
violence crisis center"
means
an office, institution, agency, or center which that offers
assistance to victims of sexual assault or domestic violence and
their families through crisis intervention and counseling.
(f) "Victim" means a person who was or who alleges to have
been
the subject of a sexual assault, or of domestic violence, or
human trafficking.
(2) Except as provided by section 11 of the child protection
law,
Act No. 238 of the Public Acts of 1975, being section 722.631
of
the Michigan Compiled Laws, 1975
PA 238, MCL 722.631, a
confidential communication, or any report, working paper, or
statement contained in a report or working paper, given or made in
connection with a consultation between a victim and a sexual
assault, or
domestic violence, or human
trafficking counselor,
shall
is not be admissible as evidence in any civil or
criminal
proceeding without the prior written consent of the victim.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.