HOUSE BILL NO. 4662

A bill to amend 1985 PA 87, entitled

"William Van Regenmorter crime victim's rights act,"

(MCL 780.751 to 780.834) by adding section 3a.

the people of the state of michigan enact:

Sec. 3a. (1) Subject to subsections (2) and (3), in addition to providing a victim notice by the means otherwise required under this article, a court, the department of corrections, the department of health and human services, a law enforcement agency, a county sheriff, and a prosecuting attorney may provide a qualifying notice required under this article to a victim utilizing other communication technology if the court, department of corrections, department of health and human services, law enforcement agency, county sheriff, or prosecuting attorney, as applicable, participates in the grant program under the crime victim communication modernization act and complies with the standards required by the office under the crime victim communication modernization act.

(2) A court, the department of corrections, the department of health and human services, a law enforcement agency, a county sheriff, or a prosecuting attorney may not utilize other communication technology to provide notice under subsection (1) unless the office has ensured that the standards under the crime victim communication modernization act facilitate the modernized communication with and notifications to victims that are required under this article through utilization of the other communication technology. A court, the department of corrections, the department of health and human services, a law enforcement agency, a county sheriff, or a prosecuting attorney may not utilize other communication technology to provide notice under subsection (1) if the victim has provided the court, department of corrections, department of health and human services, law enforcement agency, county sheriff, or prosecuting attorney an opt-out notice stating that the victim does not want to receive a qualifying notice by other communication technology.

(3) Notwithstanding any other provision of this article to the contrary, if a victim provides consent to receive a written qualifying notice by other communication technology and provides the victim's telephone number and email address, or other information required to provide notice, the court, department of corrections, department of health and human services, law enforcement agency, county sheriff, or prosecuting attorney may provide the written qualifying notice to that victim by other communication technology. The written qualifying notice is provided under this subsection upon transmission of the notice through other communication technology.

(4) As used in this section:

(a) "Office" means that term as defined under section 3 of the crime victim communication modernization act.

(b) "Qualifying notice" means a notice required to be provided to a victim under this article that is not required to be provided by mail and that does not require a specific document, record, or form to be included with the notice.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. ____ (request no. S02387'25) or House Bill No. 4661 (request no. H02387'25) of the 103rd Legislature is enacted into law.