Michigan Laws 780.793 – Appearance and statement of victim; notice of disposition; physical presence of juvenile; remote option; 2018 PA 153 may be cited as “Rebekah Bletsch law”
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Terms Used In Michigan Laws 780.793
- Court: means the family division of circuit court. See Michigan Laws 780.781
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Juvenile: means an individual alleged or found to be within the court's jurisdiction under section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 780.781
- Offense: means 1 or more of the following:
(i) A violation of a penal law of this state for which a juvenile offender, if convicted as an adult, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony. See Michigan Laws 780.781Person: means an individual, organization, partnership, corporation, or governmental entity. See Michigan Laws 780.781 Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision that enacted the ordinance upon which the violation is based. See Michigan Laws 780.781 Victim: means any of the following:
(i) A person who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense, except as provided in subparagraph (ii), (iii), (iv), or (v). See Michigan Laws 780.781
(1) The victim has the right to appear and make an oral impact statement at the juvenile‘s disposition or sentencing. 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 the victim’s behalf. The other person need not be an attorney. The victim may elect to remotely provide the oral impact statement under this section.
(2) On request, the prosecuting attorney, or, in accordance with an agreement under section 48a, the court, shall notify the victim of the disposition of the juvenile’s offense not more than 30 days after the disposition is made.
(3) Unless the court has determined, in its discretion, that the juvenile is behaving in a disruptive manner or presents a threat to the safety of any individuals present in the courtroom, the juvenile 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 juvenile being physically present during that victim’s oral impact statement. This subsection applies to cases in which the sentencing of the juvenile occurs after May 22, 2018.
(4) 2018 PA 153, which amended this section and section 15 and 75, may be cited as the “Rebekah Bletsch law”.