Sec. 46.
(1) Upon the request of the victim, the prosecuting attorney shall notify the victim of the following:
(a) That the juvenile filed an appeal of his or her adjudication, conviction, disposition, or sentence or the prosecuting attorney filed an appeal.
(b) Whether the juvenile has been ordered released on bail or other recognizance pending the disposition of the appeal. If the prosecuting attorney is notified that the juvenile 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 disposition or 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 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.
History: Add. 1988, Act 22, 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
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 2 - (780.781...780.802)
Section 780.782 - Information to Be Given Victim.
Section 780.783 - Return of Property to Victim.
Section 780.783a - Statement on Complaint or Petition.
Section 780.784 - Separate Statement.
Section 780.786a - Speedy Trial.
Section 780.787 - Separate Waiting Area; Other Safeguards.
Section 780.788 - Testimony Not to Be Compelled; Hearing; Exemption From Disclosure; Exception.
Section 780.789 - Presence of Victim at Hearing; Sequestering of Victim.
Section 780.791 - Additional Notices to Victim.
Section 780.791a - Providing Victim With Form to Receive Certain Notices.
Section 780.792 - Report; Impact Statement.
Section 780.794 - Definitions; Order of Restitution to Be Made by Juvenile.
Section 780.794a - Allocation of Payment From Juveniles.
Section 780.795 - Factors in Determining Order of Restitution by Juvenile.
Section 780.795a - Early Termination of Probation of Juvenile; Notice to Victim.
Section 780.796 - Additional Notice to Victim; Rights of Victim in Further Proceedings or New Trial.
Section 780.796b - Deductions and Payments.
Section 780.798a - Notification by Court.
Section 780.799 - Providing Victim With Certified Copy of Order of Adjudicative Hearing.
Section 780.800 - Cause of Action for Money Damages Against State or Local Government Not Created.
Section 780.801 - Effect of Failure to Provide Right, Privilege, or Notice to Victim.