Michigan Laws 780.813 – Information to be given victim of serious misdemeanor
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(1) Within 24 hours after the initial contact between the victim of a reported serious misdemeanor and the law enforcement agency having the responsibility for investigating that serious misdemeanor, that agency shall give to the victim the following information in writing:
(a) The availability of emergency and medical services, if applicable.
Terms Used In Michigan Laws 780.813
- Arrest: Taking physical custody of a person by lawful authority.
- crime: means that term as defined in section 2. See Michigan Laws 780.811
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person charged with or convicted of having committed a serious misdemeanor against a victim. See Michigan Laws 780.811
- 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
- Person: means an individual, organization, partnership, corporation, or governmental entity. See Michigan Laws 780.811
- 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 780.811
- Serious misdemeanor: means 1 or more of the following:
(i) A violation of section 81 of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 780.811state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Statute: A law passed by a legislature. Victim: means any of the following:
(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a serious misdemeanor, except as provided in subparagraph (ii), (iii), (iv), or (v). See Michigan Laws 780.811
(b) The availability of victim’s compensation benefits and the address of the crime victims compensation board.
(c) The address and telephone number of the prosecuting attorney whom the victim should contact to obtain information about victim’s rights.
(d) The following statements:
“If you would like to be notified of an arrest in your case or the release of the person arrested, or both, you should call [identify law enforcement agency and telephone number] and inform them.”
“If you are not notified of an arrest in your case, you may call this law enforcement agency at [the law enforcement agency’s telephone number] for the status of the case.”.
(2) If the case against the defendant is brought under a local ordinance, the law enforcement agency having responsibility for investigating the serious misdemeanor shall give to the victim the name and business address of the local prosecuting attorney for the political subdivision responsible for prosecuting the case along with the following statement:
“The defendant in your case will be prosecuted under a local ordinance, rather than a state statute. Nonetheless, you have all the rights and privileges afforded to victims under the state constitution and the state crime victim’s rights act.”.