PRIOR CONVICTION OF A LISTED OFFENSE:

ALLOW AS EVIDENCE OF CHARACTER

House Bill 4937

Sponsor:  Rep. David Law

Committee:  Judiciary

Complete to 6-21-05

A SUMMARY OF HOUSE BILL 4937 AS INTRODUCED 6-14-05

In general, in a trial of a criminal case, references are not allowed to be made to the fact that the defendant has committed other offenses.  However, there are a limited number of statutory and judicial exceptions to this rule.  Under Michigan law, for example, evidence of a defendant's other bad acts may be admissible in a criminal trial if it shows the defendant's 1) motive; 2) intent; 3) the absence of a mistake or accident; or 4) a scheme, plan, or system in doing an act.

House Bill 4937 would add a new section to the Code of Criminal Procedure to add another exception.  Notwithstanding the exception detailed above, the bill would allow evidence that an individual had previously been convicted of a listed offense (crimes which require registration as a sex offender) committed against a minor to be admissible as evidence of the individual's character in any other criminal proceeding in which the individual has been alleged to have committed a listed offense against a minor.

"Minor" would be defined as a person less than 18 years of age.  "Listed offense" would mean that term as defined in Section 2 of the Sex Offenders Registration Act.

MCL 768.27a

FISCAL IMPACT:

The bill would have no direct fiscal impact on the judiciary or on state or local correctional systems.  However, if increased numbers of felony or misdemeanor convictions were obtained as a result of the bill, state or local correctional costs could increase accordingly.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Marilyn Peterson

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.