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House panel approves Rep. Borton victim privacy plan
RELEASE|June 7, 2022
Contact: Ken Borton

The House Judiciary Committee today approved state Rep. Ken Borton’s plan to bolster privacy rights for crime victims.

“Crime victims deserve rigorous protection of their privacy, and our state constitution and laws aim to do exactly that,” said Borton, R-Gaylord. “After experiencing trauma or hardship because of a crime, people should be able to testify and provide evidence without exposing their personal information and, in some cases, risking retaliation.”

To ensure privacy for crime victims, Michigan law limits public disclosure of personal information. Among other protections, pictures and videos of victims are exempt from requests for government records under the Freedom of Information Act (FOIA). Borton’s House Bill 5680 would similarly protect victim privacy in videos of court proceedings that are streamed online or otherwise available to the public by explicitly allowing victims’ images to be blurred. The plan would not limit a defendant’s constitutional right to be confronted by witnesses in court.

“New technology brings new opportunities for accessible government — such as online video,” Borton said. “However, technological advancements in court should not set back privacy protections for crime victims. By ensuring all state courts may blur images of victims in online court proceedings, my plan keeps privacy rights in line with modern developments.”

Borton’s plan is part of a bipartisan package of legislation to support victims and protect their privacy. HB 5679 would expand the list of serious misdemeanors under which certain victim protections apply. HB 5681 would allow victims to provide their oral impact statements for the sentencing process remotely. HB 5560 would maintain privacy protections while clarifying that law enforcement may help connect domestic violence survivors with support services.

The bills now advance to the entire House of Representatives for consideration.

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