THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
768.27c Statement by declarant; admissibility; circumstances relevant to trustworthiness; disclosure; privilege; definitions; applicability of section.
Sec. 27c.
(1) Evidence of a statement by a declarant is admissible if all of the following apply:
(a) The statement purports to narrate, describe, or explain the infliction or threat of physical injury upon the declarant.
(b) The action in which the evidence is offered under this section is an offense involving domestic violence, 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.
(c) The statement was made at or near the time of the infliction or threat of physical injury. Evidence of a statement made more than 5 years before the filing of the current action or proceeding is inadmissible under this section.
(d) The statement was made under circumstances that would indicate the statement's trustworthiness.
(e) The statement was made to a law enforcement officer.
(2) For the purpose of subsection (1)(d), circumstances relevant to the issue of trustworthiness include, but are not limited to, all of the following:
(a) Whether the statement was made in contemplation of pending or anticipated litigation in which the declarant was interested.
(b) Whether the declarant has a bias or motive for fabricating the statement, and the extent of any bias or motive.
(c) Whether the statement is corroborated by evidence other than statements that are admissible only under this section.
(3) 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.
(4) Nothing in this section shall be construed to abrogate any privilege conferred by law.
(5) As used in this section:
(a) "Declarant" means an individual who makes a statement.
(b) "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.
(c) "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.
(d) "Infliction or threat of physical injury" includes all of the following:
(i) Physically harming or restraining any individual.
(ii) Threatening to harm or physically restrain any individual or the creation of any scheme, plan, or pattern intended to cause an individual to believe that failure to perform an act would result in physical, psychological, reputational, or financial harm to, or physical restraint of, any individual.
(iii) Facilitating or controlling an individual's access to a controlled substance, as that term is defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104, other than for a legitimate medical purpose.
(6) This section applies to trials and evidentiary hearings commenced or in progress on or after May 1, 2006.
History: Add. 2006, Act 79, Imd. Eff. Mar. 24, 2006 ;-- Am. 2024, Act 183, Eff. Apr. 2, 2025
Notes of Decisions
People v. Meissner (2011)
michctapp · cites it 14×
“At the close of the prosecutor’s direct examination, Worthington testified that defendant had never beaten her and had never threatened her.”
People v. Cameron (2011)
michctapp
“The prosecution, filed a pretrial notice of intent to present evidence of the victim’s statements under MCL 768.27c. Before trial, the prosecutor had dismissed additional charges of malicious destruction of police property, MCL 750.”
People of Michigan v. Casey Lavern Olney (2020)
michctapp · cites it 30×
“This case returns to us by order of our Supreme Court for consideration of defendant’s newly raised “argument that MCL 768.27c does not apply to preliminary examinations.”
People of Michigan v. Robert Lance Propp (2019)
michctapp · cites it 18×
“27], in a criminal case in which the defendant is accused of committing a listed offense against a minor, evidence that the defendant committed another listed offense against a minor is admissible and may be considered for its bearing on any matter to which it is relevant.”
People of Michigan v. Casey Lavern Olney (2019)
michctapp · cites it 17×
“Defendant moved to quash the bind-over in the circuit court. The circuit court held that the police officer’s testimony was inadmissible because (1) the district court did not declare the victim-declarant “unavailable”; and (2) the officer’s testimony violated the Confrontation…”
People of Michigan v. David Howard McDonald (2021)
michctapp · cites it 16×
“APPLICABLE LAW Defendant contends that the trial court erred in admitting the victim’s oral and written statements regarding the two incidents, under MCL 768.27c, because the statements were cumulative contrary to MRE 403 and improperly bolstered the credibility of the victim.”
People of Michigan v. Daphelin Seon Triplett (2020)
michctapp · cites it 15×
“27b rather than MCL 768.27c. Appellate counsel claims that the file defendant received did “not contain any copy of, nor reference to, a timely filed notice.”
— Mich. Comp. Laws § 768.27c(1) — 19 cases
People of Michigan v. Robert Lance Propp (2019)
michctapp
“27], in a criminal case in which the defendant is accused of committing a listed offense against a minor, evidence that the defendant committed another listed offense against a minor is admissible and may be considered for its bearing on any matter to which it is relevant.”
— Mich. Comp. Laws § 768.27c(1)(a) — 9 cases
People v. Meissner (2011)
michctapp
“At the close of the prosecutor’s direct examination, Worthington testified that defendant had never beaten her and had never threatened her.”
— Mich. Comp. Laws § 768.27c(1)(b) — 7 cases
People of Michigan v. Casey Lavern Olney (2020)
michctapp
“This case returns to us by order of our Supreme Court for consideration of defendant’s newly raised “argument that MCL 768.27c does not apply to preliminary examinations.”
— Mich. Comp. Laws § 768.27c(1)(c) — 7 cases
People of Michigan v. Robert Lance Propp (2019)
michctapp
“27], in a criminal case in which the defendant is accused of committing a listed offense against a minor, evidence that the defendant committed another listed offense against a minor is admissible and may be considered for its bearing on any matter to which it is relevant.”
— Mich. Comp. Laws § 768.27c(1)(d) — 9 cases
— Mich. Comp. Laws § 768.27c(1)(e) — 1 case
— Mich. Comp. Laws § 768.27c(2) — 14 cases
People v. Meissner (2011)
michctapp
“At the close of the prosecutor’s direct examination, Worthington testified that defendant had never beaten her and had never threatened her.”
— Mich. Comp. Laws § 768.27c(2)(a) — 2 cases
— Mich. Comp. Laws § 768.27c(2)(b) — 2 cases
— Mich. Comp. Laws § 768.27c(2)(c) — 5 cases
— Mich. Comp. Laws § 768.27c(3) — 5 cases
— Mich. Comp. Laws § 768.27c(5) — 1 case
— Mich. Comp. Laws § 768.27c(5)(a) — 2 cases
People of Michigan v. Daphelin Seon Triplett (2020)
michctapp
“27b rather than MCL 768.27c. Appellate counsel claims that the file defendant received did “not contain any copy of, nor reference to, a timely filed notice.”
— Mich. Comp. Laws § 768.27c(5)(b) — 2 cases
— Mich. Comp. Laws § 768.27c(5)(b)(iv) — 2 cases
— Mich. Comp. Laws § 768.27c(5)(c) — 1 case
— Mich. Comp. Laws § 768.27c(5)(c)(iv) — 1 case
— Mich. Comp. Laws § 768.27c(5)(i) — 1 case
— Mich. Comp. Laws § 768.27c(6) — 1 case
People of Michigan v. Casey Lavern Olney (2020)
michctapp
“This case returns to us by order of our Supreme Court for consideration of defendant’s newly raised “argument that MCL 768.27c does not apply to preliminary examinations.”
— Mich. Comp. Laws § 768.27c(l) — 1 case
People v. Meissner (2011)
michctapp
“At the close of the prosecutor’s direct examination, Worthington testified that defendant had never beaten her and had never threatened her.”
— Mich. Comp. Laws § 768.27c(l)(a) — 1 case
People v. Meissner (2011)
michctapp
“At the close of the prosecutor’s direct examination, Worthington testified that defendant had never beaten her and had never threatened her.”
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