Michigan Laws 752.935 – Destruction or disposal of sexual assault kit evidence; notice to victim
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 752.935
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Law enforcement agency: means the local, county, or state law enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency. See Michigan Laws 752.932
- Sexual assault offense: means a violation or attempted violation of section 520b to 520g of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 752.932
- Victim: means , for the purposes of making communications and receiving notices under this act, an individual who was subjected to a sexual assault offense. See Michigan Laws 752.932
If a law enforcement agency intends to destroy or otherwise dispose of any sexual assault kit evidence in a sexual assault offense case before the expiration for the limitation period applicable under section 24 of chapter VII of the code of criminal procedure, 1927 PA 175, MCL 767.24, and its destruction does not otherwise conflict with the requirements of section 16 of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16, the law enforcement agency with the primary responsibility for investigating the case shall notify the victim of that intention in writing at least 60 days before the evidence is destroyed or otherwise disposed of.