Sec. 8.
(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 shall be in camera.
(2) The work address and address of the victim shall not be in the court file or ordinary court documents unless contained in a transcript of the trial or it is used to identify the place of the crime. The work telephone number and telephone number of the victim shall not be in the court file or ordinary court documents except as contained in a transcript of the trial.
(3) 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, all of the following information and visual representations of a victim are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(a) The home address, home telephone number, work address, and work telephone number of the victim unless the address is used to identify the place of the crime.
(b) A picture, photograph, drawing, or other visual representation, including any film, videotape, or digitally stored image of the victim.
(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:
(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.
(4) Subsection (3) does not preclude the release of information to a victim advocacy organization or agency for the purpose of providing victim services.
History: 1985, Act 87, Eff. Oct. 9, 1985 ;-- Am. 2000, Act 503, Eff. June 1, 2001 ;-- Am. 2012, Act 457, Imd. Eff. Dec. 27, 2012
Structure 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.
Section 780.753 - Information to Be Given Victim.
Section 780.754 - Return of Property to Victim; Retention of Evidence.
Section 780.757 - Waiting Area for Victim or Other Safeguards.
Section 780.759 - Speedy Trial; Requirements; Hearing; Notice; Time of Trial.
Section 780.760 - Conference With Victim by Prosecuting Attorney.
Section 780.761 - Presence of Victim at Trial; Sequestering Victim.
Section 780.763a - Providing Victim With Form to Receive Certain Notices.
Section 780.764 - Impact Statement Generally.
Section 780.766b - Conviction of Offense Described in MCL 750.462a to 750.462h; Restitution.
Section 780.767a - Deductions and Payments.
Section 780.768b - Early Termination of Probation; Notice to Victim.
Section 780.770 - Notice of Escape.
Section 780.770b - Notice of Review Hearing.
Section 780.772 - Notice of Final Disposition of Case.
Section 780.773 - Cause of Action Not Created.
Section 780.774 - Failure to Provide Right, Privilege, or Notice to Victim.