Sec. 520k.
Upon the request of the counsel or the victim or actor in a prosecution under sections 520b to 520g the magistrate before whom any person is brought on a charge of having committed an offense under sections 520b to 520g shall order that the names of the victim and actor and details of the alleged offense be suppressed until such time as the actor is arraigned on the information, the charge is dismissed, or the case is otherwise concluded, whichever occurs first.
History: Add. 1974, Act 266, Eff. Apr. 1, 1975 Constitutionality: The statute authorizing suppression of a court file containing the name of a victim of criminal sexual conduct, the name of the defendant, and the details of the offense until the defendant is arraigned, the charge is dismissed, or the case is otherwise concluded is not a prior restraint upon publication, but a valid legislative restriction on the common-law right of access to public records and the statutory right of access to court proceedings. In re Midland Publishing, 420 Mich 148; 362 NW2d 580 (1984).Compiler's Notes: Section 2 of Act 266 of 1974 provides:“Saving clause.“All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or begun before the effective date of this amendatory act.
Structure Michigan Compiled Laws
Chapter 750 - Michigan Penal Code
Act 328 of 1931 - The Michigan Penal Code (750.1 - 750.568)
328-1931-LXXVI - Chapter LXXVI Rape (750.520...750.520o)
Section 750.520 - Repealed. 1974, Act 266, Eff. Apr. 1, 1975.
Section 750.520a - Definitions.
Section 750.520c - Criminal Sexual Conduct in the Second Degree; Felony.
Section 750.520d - Criminal Sexual Conduct in the Third Degree; Felony.
Section 750.520e - Criminal Sexual Conduct in the Fourth Degree; Misdemeanor.
Section 750.520f - Second or Subsequent Offense; Penalty.
Section 750.520g - Assault With Intent to Commit Criminal Sexual Conduct; Felony.
Section 750.520h - Corroboration of Victim's Testimony Not Required.
Section 750.520i - Resistance by Victim Not Required.
Section 750.520j - Evidence of Victim's Sexual Conduct.
Section 750.520k - Suppression of Names and Details.
Section 750.520l - Legal Spouse as Victim.