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 prior to 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 his or her behalf. The other person need not be an attorney. 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 on or after the effective date of the amendatory act that added this subsection.
(3) The 2018 amendatory act that amended this section and sections 15 and 43 shall be known and may be cited as the "Rebekah Bletsch law".
History: 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
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 3 - (780.811...780.834)
Section 780.811a - Statement of Property Damage, Physical Injury, or Death.
Section 780.812 - Separate Written Statement.
Section 780.813 - Information to Be Given Victim of Serious Misdemeanor.
Section 780.813a - Revocation of Bond or Personal Recognizance.
Section 780.814 - Return of Property to Victim; Exceptions.
Section 780.817 - Separate Waiting Area for Victim; Safeguards.
Section 780.819 - Expedited Trial.
Section 780.820 - Conference Prior to Trial.
Section 780.821 - Right of Victim to Be Present at Trial; Sequestering of Victim.
Section 780.823 - Additional Notice to Victim; Means; Contents of Impact Statement.
Section 780.826 - Definitions; Restitution by Defendant Convicted of Misdemeanor.
Section 780.826a - Allocation of Payments.
Section 780.827 - Notice of Final Disposition of Case.
Section 780.827b - Early Termination of Probation; Notice to Victim.
Section 780.828 - Additional Notice to Victim; Further Proceedings or New Trial.
Section 780.828b - Notice of Escape.
Section 780.829 - Notice of Release of Defendant; Written Request.
Section 780.830 - Exemption of Victim's Address and Telephone Number From Disclosure.
Section 780.830a - Deductions and Payments.
Section 780.832 - No Cause of Action Against State or Local Government.
Section 780.833 - Failure to Provide Right, Privilege, or Notice to Victim.