HOUSE BILL No. 5338
February 10, 2000, Introduced by Rep. Law and referred to the Committee on Criminal Law and Corrections. A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending the title and sections 13a, 18a, 19, 20, 20a, 35, 36, 41a, 46, 48, 66, 78, 78a, 78b, and 79 (MCL 780.763a, 780.768a, 780.769, 780.770, 780.770a, 780.785, 780.786, 780.791a, 780.796, 780.798, 780.816, 780.828, 780.828a, 780.828b, and 780.829), sec- tions 13a, 20a, 36, 41a, and 48 as amended by 1998 PA 523, sec- tions 18a, 35, 46, 66, and 78 as amended and section 78b as added by 1993 PA 341, sections 19 and 78a as amended by 1996 PA 105, and section 79 as added by 1988 PA 21, and by adding section 12a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 02334'99 TVD 2 1 TITLE 2 An act to establish the rights of victims of crime and juve- 3 nile offenses; to provide for certain procedures; TO REQUIRE CER- 4 TAIN DUTIES BY CERTAIN STATE AND LOCAL OFFICIALS AND ENTITIES; to 5 establish certain immunities and duties; to limit convicted crim- 6 inals from deriving profit under certain circumstances; to pro- 7 hibit certain conduct of employers or employers' agents toward 8 victims; and to provide for penalties and remedies. 9 SEC. 12A. (1) THE DEPARTMENT OF CORRECTIONS SHALL CREATE 10 AND MAINTAIN A COMPUTERIZED DATABASE TO PROVIDE VICTIMS WITH 11 NOTICE UNDER THIS ACT REGARDING THE CUSTODY AND CHANGE IN CUSTODY 12 OF PRISONERS AND DETAINEES. 13 (2) IF A VICTIM HAS REQUESTED NOTICE UNDER THIS ACT OF THE 14 CUSTODY STATUS OR CHANGE IN CUSTODY STATUS OF A PRISONER OR 15 DETAINEE, THE DEPARTMENT OF CORRECTIONS SHALL IMMEDIATELY NOTIFY 16 THAT VICTIM OF THAT CUSTODY STATUS OR CHANGE IN CUSTODY STATUS 17 UPON NOTIFICATION TO THE DEPARTMENT OF CORRECTIONS UNDER SUBSEC- 18 TION (3). THE DEPARTMENT SHALL ALSO MAKE IMMEDIATELY AVAILABLE 19 TO OTHER MEMBERS OF THE PUBLIC THROUGH THE USE OF A TOLL-FREE 20 TELEPHONE NUMBER OR THE INTERNET INFORMATION REGARDING THE CUS- 21 TODY STATUS OR CHANGE IN CUSTODY STATUS OF PRISONERS AND 22 DETAINEES. 23 (3) AN INDIVIDUAL OR ENTITY THAT IS REQUIRED UNDER THIS ACT 24 TO PROVIDE NOTICE TO THE DEPARTMENT OF CORRECTIONS REGARDING THE 25 CUSTODY STATUS OR CHANGE IN CUSTODY STATUS OF PRISONERS OR 26 DETAINEES SHALL PROMPTLY PROVIDE INFORMATION TO THE DEPARTMENT OF 02334'99 3 1 CORRECTIONS REGARDING THAT CUSTODY STATUS OR CHANGE IN CUSTODY 2 STATUS AS PRESCRIBED BY THE DEPARTMENT OF CORRECTIONS. 3 (4) THE DEPARTMENT OF CORRECTIONS MAY PROMULGATE RULES TO 4 IMPLEMENT THIS SECTION. 5 Sec. 13a. When a defendant is sentenced to a term of 6 imprisonment or ordered to be placed in a juvenile facility, the 7 prosecuting attorney shall provide the victim with a form the 8 victim may submit to receive the notices provided for under 9 section 19 or 20a. The form shall include the address of the 10 department of corrections , the sheriff, the family independence 11 agency, or the county juvenile agency, as applicable, to which 12 the form may be sent. 13 Sec. 18a. (1) Upon the request of the victim, the prosecut- 14 ing attorney shall notify the victim of the following: 15 (a) That the defendant has filed an appeal of his or her 16 conviction. 17 (b) Whether the defendant has been ordered released on bail 18 or other recognizance pending the disposition of the appeal. If 19 the prosecuting attorney is notified that the defendant has been 20 ordered released on bail or other recognizance pending disposi- 21 tion of the appeal, the prosecuting attorney shall use any means 22 reasonably calculated to give the victim notice of that order 23 within 24 hours after the prosecuting attorney is notified of the 24 order. 25 (B) (c) The time and place of any appellate court proceed- 26 ings and any changes in the time or place of those proceedings. 02334'99 4 1 (C) (d) The result of the appeal. If the prosecuting 2 attorney is notified that the conviction is ordered reversed or 3 the case is remanded for further proceedings, the prosecuting 4 attorney shall use any means reasonably calculated to give the 5 victim notice of that order within 24 hours after the prosecuting 6 attorney is notified of the order. 7 (2) If the prosecuting attorney is not successful in notify- 8 ing the victim of an event described in subsection (1) within the 9 period set forth in that subsection for notification, the prose- 10 cuting attorney shall notify the victim of that event as soon as 11 possible by any means reasonably calculated to give the victim 12 prompt actual notice. 13 (3) Upon the request of the victim, the prosecuting attorney 14 shall provide the victim with a brief explanation in plain 15 English of the appeal process, including the possible 16 dispositions. 17 (4) If the defendant's conviction is reversed and the case 18 is returned to the trial court for further proceedings, the 19 victim shall have the same rights previously requested during the 20 proceedings which led to the appeal. 21 Sec. 19. (1) Upon the written request of a victim of a 22 crime, the sheriff or the department of corrections shall 23 mail PROVIDE to the victim the following INFORMATION, as appli- 24 cable, about a prisoner who IS DETAINED BEFORE TRIAL OR has been 25 sentenced to imprisonment under the jurisdiction of the A 26 COUNTY sheriff or the department for commission of that crime: 02334'99 5 1 (a) Within 30 days after the request, notice of the COUNTY 2 sheriff's calculation of the earliest release date of the 3 prisoner, or the department's calculation of the earliest parole 4 eligibility date of the prisoner, with all potential good time or 5 disciplinary credits considered if the sentence of imprisonment 6 exceeds 90 days. The victim may request 1-time only notice of 7 the calculation described in this subdivision. 8 (b) Notice of the transfer or pending transfer of the pris- 9 oner to a minimum security facility and the address of that 10 facility. 11 (c) Notice of the release or pending release of the prisoner 12 in a community residential program, under extended furlough, or 13 any other transfer of a prisoner to community status. 14 (d) Notice of the escape of the person accused, convicted, 15 or imprisoned for committing a crime against the victim, as pro- 16 vided in section 20. 17 (e) Notice of the victim's right to address or submit a 18 written statement for consideration by a parole board member or a 19 member of any other panel having authority over the prisoner's 20 release on parole, as provided in section 21. 21 (f) Notice of the decision of the parole board, or any other 22 panel having authority over the prisoner's release on parole, 23 after a parole review, as provided in section 21(3). 24 (g) Notice of the release of a prisoner 90 days before the 25 date of the prisoner's discharge from prison if practical, unless 26 the notice has been otherwise provided under this article. 02334'99 6 1 (h) Notice of a public hearing under section 44 of Act 2 No. 232 of the Public Acts of 1953, being section 791.244 of the 3 Michigan Compiled Laws 1953 PA 232, MCL 791.244, regarding a 4 reprieve, commutation, or pardon of the prisoner's sentence by 5 the governor. 6 (i) Notice that a reprieve, commutation, or pardon has been 7 granted. 8 (j) Notice that a prisoner has had his or her name legally 9 changed while on parole or within 2 years of release from 10 parole. 11 (K) NOTICE THAT A PRISONER HAS BEEN ORDERED RELEASED ON BAIL 12 OR OTHER RECOGNIZANCE. 13 (2) A victim's address and telephone number maintained by a 14 sheriff or the department of corrections pursuant to a request 15 for notice under subsection (1) is exempt from disclosure under 16 the freedom of information act, Act No. 442 of the Public Acts 17 of 1976, being sections 15.231 to 15.246 of the Michigan Compiled 18 Laws 1976 PA 442, MCL 15.231 TO 15.246. 19 Sec. 20. (1) As provided in subsection (2) or (3), a victim 20 who requests notice of the escape and the prosecuting attorney 21 who is prosecuting or has prosecuted the crime for which the 22 person is detained or under sentence shall be given immediate 23 notice of the escape of the person accused, convicted, or impris- 24 oned for committing a crime against the victim. The notice shall 25 be given by any means reasonably calculated to give prompt actual 26 notice. 02334'99 7 1 (2) If the escape occurs before the sentence is executed or 2 before the defendant is delivered to the department of 3 corrections, the chief law enforcement officer of the agency in 4 charge of the person's detention shall give notice of the escape 5 to the prosecuting attorney DEPARTMENT OF CORRECTIONS, who 6 shall then give notice of the escape to THE PROSECUTING ATTORNEY 7 AND TO a victim who requested notice. 8 (3) If the defendant is confined pursuant to a sentence, 9 the THE notice TO THE DEPARTMENT OF CORRECTIONS shall be given 10 by the chief administrator of the place in which the prisoner is 11 confined. 12 Sec. 20a. (1) Upon a victim's written request, the family 13 independence agency or county juvenile agency, as applicable, 14 DEPARTMENT OF CORRECTIONS shall make a good faith effort to 15 notify the victim before either of the following occurs: 16 (a) A juvenile is dismissed from court jurisdiction or dis- 17 charged from commitment to the family independence agency or 18 county juvenile agency THE JURISDICTION OF THE DEPARTMENT OF 19 CORRECTIONS. 20 (b) A juvenile is transferred from a secure juvenile facil- 21 ity to a nonsecure juvenile facility. 22 (C) A JUVENILE IS RELEASED ON BAIL OR RECOGNIZANCE. 23 (2) If the family independence agency or county juvenile 24 agency DEPARTMENT OF CORRECTIONS is not successful in notifying 25 the victim before an event described in subsection (1) occurs, 26 it THE DEPARTMENT OF CORRECTIONS shall notify the victim as 02334'99 8 1 soon as possible after that event occurs by any means reasonably 2 calculated to give prompt actual notice. 3 (3) Upon the victim's written request, the family indepen- 4 dence agency or county juvenile agency, as applicable, 5 DEPARTMENT OF CORRECTIONS shall give to the victim notice of a 6 juvenile's escape. A victim who requests notice of an escape 7 shall be given immediate notice of the escape by any means rea- 8 sonably calculated to give prompt actual notice. If the escape 9 occurs before the juvenile is delivered to the family indepen- 10 dence agency or county juvenile agency DEPARTMENT OF 11 CORRECTIONS, the agency in charge of the juvenile's detention 12 shall give notice of the escape to the family independence 13 agency or county juvenile agency DEPARTMENT OF CORRECTIONS, 14 which shall then give notice of the escape to the victim who 15 requested notice. 16 Sec. 35. (1) If the juvenile has been placed in a juvenile 17 facility, not later than 48 hours after the preliminary hearing 18 of that juvenile for a juvenile offense, the prosecuting attorney 19 or, pursuant to an agreement under section 48a, the court shall 20 give to the victim the telephone number of the juvenile 21 facility DEPARTMENT OF CORRECTIONS and notice that the victim 22 may contact the juvenile facility DEPARTMENT OF CORRECTIONS to 23 determine whether the juvenile has been released from custody. 24 (2) Based upon any credible evidence of acts or threats of 25 physical violence or intimidation by the juvenile or at the 26 juvenile's direction against the victim or the victim's immediate 02334'99 9 1 family, the prosecuting attorney may move that the juvenile be 2 detained in a juvenile facility. 3 Sec. 36. (1) Within 72 hours after the prosecuting attorney 4 files or submits a petition seeking to invoke the court's juris- 5 diction for an offense, the prosecuting attorney, or the court 6 pursuant to an agreement under section 48a, shall give to each 7 victim a written notice in plain English of each of the 8 following: 9 (a) A brief statement of the procedural steps in the pro- 10 cessing of a juvenile offense case, including the fact that a 11 juvenile may be waived to the court of general criminal 12 jurisdiction. 13 (b) A specific list of the rights and procedures under this 14 article. 15 (c) Details and eligibility requirements under 1976 PA 223, 16 MCL 18.351 to 18.368. 17 (d) Suggested procedures if the victim is subjected to 18 threats or intimidation. 19 (e) The person to contact for further information. 20 (2) If the victim requests, the prosecuting attorney, or the 21 court pursuant to an agreement under section 48a, shall give the 22 victim notice of any scheduled court proceedings and any changes 23 in that schedule. 24 (3) If the juvenile has not already entered a plea of admis- 25 sion or no contest to the original charge at the preliminary 26 hearing, the prosecuting attorney shall offer the victim the 27 opportunity to consult with the prosecuting attorney to obtain 02334'99 10 1 the victim's views about the disposition of the offense, 2 including the victim's views about dismissal, waiver, and pre- 3 trial diversion programs, before finalizing any agreement to 4 reduce the original charge. 5 (4) Before placing a juvenile in a pretrial diversion pro- 6 gram for committing a violation that if committed by an adult 7 would be a crime or a serious misdemeanor, the court shall give 8 the victim an opportunity to be heard regarding that placement. 9 The victim has the right to make a statement at the hearing or 10 submit a written statement, or both. As used in this 11 subsection: 12 (a) "Crime" means that term as defined in section 2. 13 (b) "Serious misdemeanor" means that term as defined in sec- 14 tion 61. 15 (5) A victim who receives a notice under subsection (1) and 16 chooses to receive any other notice under this article shall keep 17 the following persons informed of the victim's current address 18 and telephone number: 19 (a) The prosecuting attorney, or the court if an agreement 20 under section 48a exists. 21 (b) If the juvenile is made a public ward, the family inde- 22 pendence agency or county juvenile agency, as applicable. 23 (C) THE DEPARTMENT OF CORRECTIONS. 24 Sec. 41a. When a juvenile is ordered to be placed in a 25 juvenile facility, the prosecuting attorney, or the court pursu- 26 ant to an agreement under section 48a, shall provide the victim 27 with a form the victim may submit to receive the notices from the 02334'99 11 1 faily independence agency or county juvenile agency, as 2 applicable, DEPARTMENT OF CORRECTIONS provided for under 3 section 48. The form shall include the address of the family 4 independence agency or county juvenile agency DEPARTMENT OF 5 CORRECTIONS to which the form may be sent. 6 Sec. 46. (1) Upon the request of the victim, the prosecut- 7 ing attorney shall notify the victim of the following: 8 (a) That the juvenile has filed an appeal of his or her 9 adjudication. 10 (b) Whether the juvenile has been ordered released on bail 11 or other recognizance pending the disposition of the appeal. If 12 the prosecuting attorney is notified that the juvenile has been 13 ordered released on bail or other recognizance pending disposi- 14 tion of the appeal, the prosecuting attorney shall use any means 15 reasonably calculated to give the victim notice of that order 16 within 24 hours after the prosecuting attorney is notified of the 17 order. 18 (B) (c) The time and place of any appellate court proceed- 19 ings and any changes in the time or place of those proceedings. 20 (C) (d) The result of the appeal. If the prosecuting 21 attorney is notified that the disposition is ordered reversed or 22 the case is remanded for further proceedings, the prosecuting 23 attorney shall use any means reasonably calculated to give the 24 victim notice of that order within 24 hours after the prosecuting 25 attorney is notified of the order. 26 (2) If the prosecuting attorney is not successful in 27 notifying the victim of an event described in subsection (1) 02334'99 12 1 within the period set forth in that subsection for notification, 2 the prosecuting attorney shall notify the victim of that event as 3 soon as possible by any means reasonably calculated to give the 4 victim prompt actual notice. 5 (3) Upon the request of the victim, the prosecuting attorney 6 shall provide the victim with a brief explanation in plain 7 English of the appeal process, including the possible 8 dispositions. 9 (4) In the event the juvenile's adjudication or order of 10 disposition is reversed and the case is returned to the trial 11 court for further proceedings, the victim shall have the same 12 rights previously requested during the proceedings which led to 13 the appeal. 14 Sec. 48. (1) Upon the victim's written request, the court 15 or the family independence agency or county juvenile agency 16 DEPARTMENT OF CORRECTIONS, as applicable, shall make a good faith 17 effort to notify the victim before any of the following occurs 18 OCCUR: 19 (a) The juvenile is dismissed from court jurisdiction or 20 discharged from commitment to the family independence agency or 21 county juvenile agency. 22 (b) The juvenile is transferred from a secure juvenile 23 facility to a nonsecure juvenile facility. 24 (c) The juvenile has his or her name legally changed while 25 under the court's jurisdiction or within 2 years after discharge 26 from the court's jurisdiction. 02334'99 13 1 (D) THE JUVENILE IS RELEASED ON BAIL OR RECOGNIZANCE. 2 (2) If the court , family independence agency, or county 3 juvenile agency OR THE DEPARTMENT OF CORRECTIONS is not success- 4 ful in notifying the victim before an event described in 5 subsection (1)(a), (b), or (c) occurs, it shall notify the victim 6 as soon as possible after that event occurs. 7 (3) Upon the victim's written request, the family indepen- 8 dence agency, county juvenile agency, or court DEPARTMENT OF 9 CORRECTIONS shall give to the victim notice of a juvenile's 10 escape from a secure detention or treatment facility. A victim 11 who requests notice of an escape shall be given immediate notice 12 of the escape by any means reasonably calculated to give prompt 13 actual notice. 14 (4) Upon the victim's request, the prosecuting attorney 15 shall give the victim notice of a review hearing conducted under 16 section 18 of chapter XIIA of 1939 PA 288, MCL 712A.18. The 17 victim has the right to make a statement at the hearing or submit 18 a written statement for use at the hearing, or both. 19 Sec. 66. (1) If a plea of guilty or nolo contendere is 20 accepted by the court at the time of the arraignment of the 21 defendant for a serious misdemeanor, the court shall notify the 22 prosecuting attorney of the plea and the date of sentencing 23 within 48 hours after the arraignment. If no guilty or nolo con- 24 tendere plea is accepted at the arraignment and further proceed- 25 ings will be scheduled, the court shall so notify the prosecuting 26 attorney within 48 hours after the arraignment. A notice to the 27 prosecuting attorney under this subsection shall be on a separate 02334'99 14 1 form and shall include the name, address, and telephone number of 2 the victim. The notice shall not be a matter of public record. 3 Within 48 hours after receiving this notice, the prosecuting 4 attorney shall give to each victim a written notice in plain 5 English of each of the following: 6 (a) A brief statement of the procedural steps in the pro- 7 cessing of a misdemeanor case, including pretrial conferences. 8 (b) A specific list of the rights and procedures under this 9 article. 10 (c) Details and eligibility requirements under Act No. 223 11 of the Public Acts of 1976, being sections 18.351 to 18.368 of 12 the Michigan Compiled Laws 1976 PA 223, MCL 18.351 TO 18.368. 13 (d) Suggested procedures if the victim is subjected to 14 threats or intimidation. 15 (e) The person to contact for further information. 16 (2) If requested by the victim, the prosecuting attorney 17 shall give to the victim notice of any scheduled court proceed- 18 ings and notice of any changes in that schedule. 19 (3) If the defendant has not already entered a plea of 20 guilty or nolo contendere at the arraignment, the prosecuting 21 attorney shall offer the victim the opportunity to consult with 22 the prosecuting attorney to obtain the views of the victim about 23 the disposition of the serious misdemeanor, including the 24 victim's views about dismissal, plea or sentence negotiations, 25 and pretrial diversion programs before finalizing any negotiation 26 that may result in a dismissal, plea or sentence bargain, or 27 pretrial diversion. 02334'99 15 1 (4) If the case against the defendant is dismissed at any 2 time, the prosecuting attorney shall notify the victim of the 3 dismissal within 48 hours. 4 (5) A victim who receives a notice under subsection (1) or 5 (2) and who chooses to receive any other notice or notices under 6 this article shall keep the following persons informed of the 7 victim's current address and telephone number: 8 (a) The prosecuting attorney, until final disposition or 9 completion of the appellate process, whichever occurs later. 10 (b) The sheriff, if the defendant is imprisoned for more 11 than 92 days. 12 (C) THE DEPARTMENT OF CORRECTIONS. 13 Sec. 78. (1) Upon the request of the victim, the prosecut- 14 ing attorney shall notify the victim of the following: 15 (a) That the defendant has filed an appeal of his or her 16 conviction. 17 (b) Whether the defendant has been ordered released on bail 18 or other recognizance pending the disposition of the appeal. If 19 the prosecuting attorney is notified that the defendant has been 20 ordered released on bail or other recognizance pending disposi- 21 tion of the appeal, the prosecuting attorney shall use any means 22 reasonably calculated to give the victim notice of that order 23 within 24 hours after the prosecuting attorney is notified of the 24 order. 25 (B) (c) The time and place of any appellate court proceed- 26 ings and any changes in the time or place of those proceedings. 02334'99 16 1 (C) (d) The result of the appeal. If the prosecuting 2 attorney is notified that the conviction is ordered reversed or 3 the case is remanded for further proceedings, the prosecuting 4 attorney shall use any means reasonably calculated to give the 5 victim notice of that order within 24 hours after the prosecuting 6 attorney is notified of the order. 7 (2) If the prosecuting attorney is not successful in notify- 8 ing the victim of an event described in subsection (1) within the 9 period set forth in that subsection for notification, the prose- 10 cuting attorney shall notify the victim of that event as soon as 11 possible by any means reasonably calculated to give the victim 12 prompt actual notice. 13 (3) Upon the request of the victim, the prosecuting attorney 14 shall provide the victim with a brief explanation in plain 15 English of the appeal process, including the possible 16 dispositions. 17 (4) If the defendant's conviction is reversed and the case 18 is returned to the trial court for further proceedings, the 19 victim shall have the same rights previously requested during the 20 proceedings which led to the appeal. 21 Sec. 78a. (1) Upon the written request of a victim of a 22 serious misdemeanor, the sheriff DEPARTMENT OF CORRECTIONS 23 shall mail to IMMEDIATELY NOTIFY the victim OF the following, 24 as applicable, about a prisoner who has been sentenced to impris- 25 onment OR PRE-TRIAL DETENTION under the jurisdiction of the A 26 COUNTY sheriff for commission of that serious misdemeanor: 02334'99 17 1 (a) Within 30 days after the request, notice NOTICE of the 2 sheriff's calculation of the earliest release date of the 3 prisoner, with all potential good time or disciplinary credits 4 considered if the sentence of imprisonment exceeds 90 days. The 5 victim may request 1-time only notice of the calculation 6 described in this subdivision. 7 (b) Notice of the escape of the person accused, convicted, 8 or imprisoned for committing a serious misdemeanor against the 9 victim, as provided in section 78b. 10 (c) Notice that a prisoner has had his or her name legally 11 changed while imprisoned in the county jail or within 2 years of 12 release from the county jail. 13 (D) NOTICE THAT A PRISONER HAS BEEN ORDERED RELEASED ON BAIL 14 OR OTHER RECOGNIZANCE. 15 (2) When a defendant is sentenced to a term of imprisonment, 16 the prosecuting attorney shall provide the victim with a form the 17 victim may submit to receive the notices provided for under this 18 section or section 78b. The form shall include the address of 19 the sheriff's department OF CORRECTIONS to which the form may 20 be sent. 21 Sec. 78b. (1) As provided in subsection (2) or (3), a 22 victim who requests notice of the escape and the prosecuting 23 attorney who is prosecuting or has prosecuted the serious misde- 24 meanor for which the person is detained or under sentence shall 25 be given immediate notice of the escape of the person accused, 26 convicted, or imprisoned for committing a serious misdemeanor 02334'99 18 1 against the victim. The notice shall be given by any means 2 reasonably calculated to give prompt actual notice. 3 (2) If the escape occurs before the sentence is executed or 4 before the defendant is delivered to the sheriff, the chief law 5 enforcement officer of the agency in charge of the person's 6 detention shall give notice of the escape to the prosecuting 7 attorney DEPARTMENT OF CORRECTIONS, who shall then give notice 8 of the escape to THE PROSECUTING ATTORNEY AND a victim who 9 requested notice. 10 (3) If the defendant is confined pursuant to a sentence, 11 the THE notice shall be given by the chief administrator of the 12 place in which the prisoner is confined. 13 Sec. 79. (1) Upon the written request of the victim, the 14 sheriff DEPARTMENT OF CORRECTIONS shall notify the victim of 15 the earliest possible release date of the defendant if the 16 defendant is sentenced to more than 92 days' imprisonment. 17 (2) The victim's written request for notice under this sec- 18 tion shall include the victim's address. 02334'99 Final page. TVD