THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
768.27b Domestic violence, sexual assault, or human trafficking or prostitution offense; commission of other domestic violence acts; admissibility; disclosure; definitions; applicability of section.
Sec. 27b.
(1) Except as provided in subsection (4), in a criminal action in which the defendant is accused of an offense involving domestic violence, sexual assault, or a violation of chapter LXVII or chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.448 to 750.462 and 750.462a to 750.462h, evidence of the defendant's commission of other acts of domestic violence, sexual assault, or acts constituting violations of chapter LXVII or chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.448 to 750.462 and 750.462a to 750.462h, is admissible for any purpose for which it is relevant, if it is not otherwise excluded under Michigan rule of evidence 403.
(2) If the prosecuting attorney intends to offer evidence under this section, the prosecuting attorney shall disclose the evidence, including the statements of witnesses or a summary of the substance of any testimony that is expected to be offered, to the defendant not less than 15 days before the scheduled date of trial or at a later time as allowed by the court for good cause shown.
(3) This section does not limit or preclude the admission or consideration of evidence under any other statute, including, but not limited to, under section 27a of this chapter, rule of evidence, or case law.
(4) Evidence of an act occurring more than 10 years before the charged offense is inadmissible under this section unless the court determines that 1 or more of the following apply:
(a) The act was a sexual assault that was reported to law enforcement within 5 years of the date of the sexual assault.
(b) The act was a sexual assault and a sexual assault evidence kit was collected.
(c) The act was a sexual assault and the testing of evidence connected to the assault resulted in a DNA identification profile that is associated with the defendant.
(d) Admitting the evidence is in the interest of justice.
(5) The 2018 amendatory act that amended this subsection did not alter or in any manner affect the statutes of limitation for the offenses described in this section.
(6) As used in this section:
(a) "Domestic violence" or "offense involving domestic violence" means an occurrence of 1 or more of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(b) "Family or household member" means any of the following:
(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a child in common.
(iv) An individual with whom the person has or has had a dating relationship. As used in this subparagraph, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
(c) "Sexual assault" means a listed offense as that term is defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(7) This section applies to trials and evidentiary hearings commenced or in progress on or after May 1, 2006.
History: Add. 2006, Act 78, Imd. Eff. Mar. 24, 2006 ;-- Am. 2018, Act 372, Eff. Mar. 17, 2019 ;-- Am. 2024, Act 184, Eff. Apr. 2, 2025
Notes of Decisions
People v. Cameron, 806 N.W.2d 371 (Mich. Ct. App. 2011).
· cites it 13× “PRETRIAL MOTION TO INTRODUCE PRIOR-BAD-ACTS EVIDENCE On October 20, 2008, pursuant to MCL 768.27b, the prosecutor sought a ruling permitting it to introduce evidence of prior bad acts involving Cameron and Yacheson, as well as Cameron and his ex-girlfriend, Pamela Ponder.”
People of Michigan v. Robert Lee Rosa, 913 N.W.2d 392 (Mich. Ct. App. 2018).
· cites it 9× “For the reasons discussed in this opinion, we affirm. I. OTHER-ACTS EVIDENCE Defendant argues that the trial court erred by admitting evidence of prior acts of domestic violence against his first wife.”
People of Michigan v. Dawn Marie Dixon-Bey, 909 N.W.2d 458 (Mich. Ct. App. 2017).
· cites it 5× “” 8 It is also conceivable that evidence of the prior stabbing could have been admitted pursuant to MCL 768.27b(1), which provides, in relevant part, for the admission of “evidence of the defendant's commission of other acts of domestic violence .”
People v. Mack, 825 N.W.2d 541 (Mich. 2012).
· cites it 17× “In a memorandum opinion signed by Chief Justice YOUNG and Justices MARKMAN, MARY BETH KELLY, and ZAHRA, the Supreme Court, in lieu of granting leave to appeal and without hearing oral argument, held: MCL 768.27b, which in certain instances expands the admissibility of…”
People v. Daniels, 874 N.W.2d 732 (Mich. Ct. App. 2015).
· cites it 10× “OTHER ACTS EVIDENCE UNDER MCL 768.27b 6 A trial court’s decision whether to admit or exclude evidence is reviewed for an abuse of discretion.”
People v. Meissner, 812 N.W.2d 37 (Mich. Ct. App. 2011).
· cites it 4× “At the close of the prosecutor’s direct examination, Worthington testified that defendant had never beaten her and had never threatened her.”
People v. Railer, 792 N.W.2d 776 (Mich. Ct. App. 2010).
· cites it 6× “Notwithstanding this prohibition, however, in cases of domestic violence, MCL 768.27b permits evidence of prior domestic violence in order to show a defendant’s character or *220 propensity to commit the same act.”
People v. Schultz, 754 N.W.2d 925 (Mich. Ct. App. 2008).
· cites it 5× “Now defendant argues that the legal basis for the prosecutor presenting defendant’s *778 plea, MCL 768.27b, infringes on our Supreme Court’s constitutional authority to manage the practice and procedure of the courts of this state.”
People v. Pattison, 741 N.W.2d 558 (Mich. Ct. App. 2007).
· cites it 2× “In this case, the evidence that defendant accomplished first-degree criminal sexual conduct *616 against his ex-fíancée in part by controlling her money and their child is probative of whether he used those same tactics to gain sexual favors from his daughter.”
People v. Xiong, 764 N.W.2d 15 (Mich. 2009).
· cites it 4× “The *17 companion statute to section 27a, MCL 768.27b, expressly requires the trial court to evaluate the admissibility of otherwise relevant evidence under MRE 403.”
People of Michigan v. Bradley Alan Berklund (Mich. Ct. App. 2024).
· cites it 56× “In his brief on appeal, defendant does not dispute that he is accused of an offense involving domestic violence within the meaning of MCL 768.27b, nor does he contest that the prosecution is seeking to introduce evidence of defendant’s commission of other acts of sexual assault.”
— Mich. Comp. Laws § 768.27b(1) — 162 cases
People of Michigan v. Dawn Marie Dixon-Bey, 909 N.W.2d 458 (Mich. Ct. App. 2017).
“” 8 It is also conceivable that evidence of the prior stabbing could have been admitted pursuant to MCL 768.27b(1), which provides, in relevant part, for the admission of “evidence of the defendant's commission of other acts of domestic violence .”
People v. Meissner, 812 N.W.2d 37 (Mich. Ct. App. 2011).
“At the close of the prosecutor’s direct examination, Worthington testified that defendant had never beaten her and had never threatened her.”
People v. Railer, 792 N.W.2d 776 (Mich. Ct. App. 2010).
“Notwithstanding this prohibition, however, in cases of domestic violence, MCL 768.27b permits evidence of prior domestic violence in order to show a defendant’s character or *220 propensity to commit the same act.”
People v. Daniels, 874 N.W.2d 732 (Mich. Ct. App. 2015).
“OTHER ACTS EVIDENCE UNDER MCL 768.27b 6 A trial court’s decision whether to admit or exclude evidence is reviewed for an abuse of discretion.”
— Mich. Comp. Laws § 768.27b(2) — 31 cases
— Mich. Comp. Laws § 768.27b(2)(a) — 1 case
— Mich. Comp. Laws § 768.27b(3) — 7 cases
— Mich. Comp. Laws § 768.27b(4) — 53 cases
People of Michigan v. Dawn Marie Dixon-Bey, 909 N.W.2d 458 (Mich. Ct. App. 2017).
“” 8 It is also conceivable that evidence of the prior stabbing could have been admitted pursuant to MCL 768.27b(1), which provides, in relevant part, for the admission of “evidence of the defendant's commission of other acts of domestic violence .”
People v. Railer, 792 N.W.2d 776 (Mich. Ct. App. 2010).
“Notwithstanding this prohibition, however, in cases of domestic violence, MCL 768.27b permits evidence of prior domestic violence in order to show a defendant’s character or *220 propensity to commit the same act.”
People of Michigan v. Bradley Alan Berklund (Mich. Ct. App. 2024).
“In his brief on appeal, defendant does not dispute that he is accused of an offense involving domestic violence within the meaning of MCL 768.27b, nor does he contest that the prosecution is seeking to introduce evidence of defendant’s commission of other acts of sexual assault.”
— Mich. Comp. Laws § 768.27b(4)(a) — 2 cases
People of Michigan v. Bradley Alan Berklund (Mich. Ct. App. 2024).
“In his brief on appeal, defendant does not dispute that he is accused of an offense involving domestic violence within the meaning of MCL 768.27b, nor does he contest that the prosecution is seeking to introduce evidence of defendant’s commission of other acts of sexual assault.”
— Mich. Comp. Laws § 768.27b(4)(b) — 1 case
People of Michigan v. Bradley Alan Berklund (Mich. Ct. App. 2024).
“In his brief on appeal, defendant does not dispute that he is accused of an offense involving domestic violence within the meaning of MCL 768.27b, nor does he contest that the prosecution is seeking to introduce evidence of defendant’s commission of other acts of sexual assault.”
— Mich. Comp. Laws § 768.27b(4)(d) — 7 cases
— Mich. Comp. Laws § 768.27b(5) — 3 cases
— Mich. Comp. Laws § 768.27b(5)(a) — 21 cases
People v. Daniels, 874 N.W.2d 732 (Mich. Ct. App. 2015).
“OTHER ACTS EVIDENCE UNDER MCL 768.27b 6 A trial court’s decision whether to admit or exclude evidence is reviewed for an abuse of discretion.”
— Mich. Comp. Laws § 768.27b(5)(a)(i) — 27 cases
People v. Cameron, 806 N.W.2d 371 (Mich. Ct. App. 2011).
“PRETRIAL MOTION TO INTRODUCE PRIOR-BAD-ACTS EVIDENCE On October 20, 2008, pursuant to MCL 768.27b, the prosecutor sought a ruling permitting it to introduce evidence of prior bad acts involving Cameron and Yacheson, as well as Cameron and his ex-girlfriend, Pamela Ponder.”
People v. Railer, 792 N.W.2d 776 (Mich. Ct. App. 2010).
“Notwithstanding this prohibition, however, in cases of domestic violence, MCL 768.27b permits evidence of prior domestic violence in order to show a defendant’s character or *220 propensity to commit the same act.”
People v. Daniels, 874 N.W.2d 732 (Mich. Ct. App. 2015).
“OTHER ACTS EVIDENCE UNDER MCL 768.27b 6 A trial court’s decision whether to admit or exclude evidence is reviewed for an abuse of discretion.”
— Mich. Comp. Laws § 768.27b(5)(a)(ii) — 3 cases
— Mich. Comp. Laws § 768.27b(5)(a)(iii) — 2 cases
— Mich. Comp. Laws § 768.27b(5)(a)(iv) — 5 cases
— Mich. Comp. Laws § 768.27b(5)(b) — 11 cases
— Mich. Comp. Laws § 768.27b(5)(b)(i) — 3 cases
— Mich. Comp. Laws § 768.27b(5)(b)(ii) — 9 cases
— Mich. Comp. Laws § 768.27b(5)(b)(iii) — 6 cases
— Mich. Comp. Laws § 768.27b(5)(b)(iv) — 4 cases
People v. Railer, 792 N.W.2d 776 (Mich. Ct. App. 2010).
“Notwithstanding this prohibition, however, in cases of domestic violence, MCL 768.27b permits evidence of prior domestic violence in order to show a defendant’s character or *220 propensity to commit the same act.”
— Mich. Comp. Laws § 768.27b(5)(iv) — 1 case
— Mich. Comp. Laws § 768.27b(6) — 7 cases
— Mich. Comp. Laws § 768.27b(6)(a) — 7 cases
— Mich. Comp. Laws § 768.27b(6)(a)(i) — 17 cases
— Mich. Comp. Laws § 768.27b(6)(a)(ii) — 2 cases
— Mich. Comp. Laws § 768.27b(6)(a)(iii) — 2 cases
— Mich. Comp. Laws § 768.27b(6)(a)(iv) — 4 cases
— Mich. Comp. Laws § 768.27b(6)(b) — 1 case
— Mich. Comp. Laws § 768.27b(6)(b)(i) — 2 cases
— Mich. Comp. Laws § 768.27b(6)(b)(ii) — 1 case
— Mich. Comp. Laws § 768.27b(6)(b)(iii) — 2 cases
— Mich. Comp. Laws § 768.27b(6)(b)(iv) — 8 cases
— Mich. Comp. Laws § 768.27b(6)(c) — 6 cases
— Mich. Comp. Laws § 768.27b(7) — 1 case
— Mich. Comp. Laws § 768.27b(a) — 1 case
— Mich. Comp. Laws § 768.27b(l) — 3 cases
People v. Cameron, 806 N.W.2d 371 (Mich. Ct. App. 2011).
“PRETRIAL MOTION TO INTRODUCE PRIOR-BAD-ACTS EVIDENCE On October 20, 2008, pursuant to MCL 768.27b, the prosecutor sought a ruling permitting it to introduce evidence of prior bad acts involving Cameron and Yacheson, as well as Cameron and his ex-girlfriend, Pamela Ponder.”
People v. Schultz, 754 N.W.2d 925 (Mich. Ct. App. 2008).
“Now defendant argues that the legal basis for the prosecutor presenting defendant’s *778 plea, MCL 768.27b, infringes on our Supreme Court’s constitutional authority to manage the practice and procedure of the courts of this state.”
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