April 24, 2019, Introduced by Reps. Rendon, Chirkun, Kuppa, Crawford, Sowerby, Peterson, Cherry, Hertel, Elder, Pagan, Warren, Brann and Hood and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2950 (MCL 600.2950), as amended by 2018 PA 146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2950. (1) Except as otherwise provided in subsections
(26) and (27), by commencing an independent action to obtain relief
under this section, by joining a claim to an action, or by filing a
motion in an action in which the petitioner and the individual to
be restrained or enjoined are parties, an individual may petition
the family division of circuit court to enter a personal protection
order to restrain or enjoin a spouse, a former spouse, an
individual with whom he or she has had a child in common, an
individual with whom he or she has or has had a dating
relationship, or an individual residing or having resided in the
same household as the petitioner from doing 1 or more of the
following:
(a) Entering onto premises.
(b) Assaulting, attacking, beating, molesting, or wounding a
named individual.
(c) Threatening to kill or physically injure a named
individual.
(d) Removing minor children from the individual having legal
custody of the children, except as otherwise authorized by a
custody or parenting time order issued by a court of competent
jurisdiction.
(e) Purchasing or possessing a firearm.
(f) Interfering with petitioner's efforts to remove
petitioner's children or personal property from premises that are
solely owned or leased by the individual to be restrained or
enjoined.
(g) Interfering with petitioner at petitioner's place of
employment or education or engaging in conduct that impairs
petitioner's employment or educational relationship or environment.
(h) If the petitioner is a minor who has been the victim of
sexual assault, as that term is defined in section 2950a, by the
respondent and if the petitioner is enrolled in a public or
nonpublic school that operates any of grades K to 12, attending
school in the same building as the petitioner.
(i) Having access to information in records concerning a minor
child of both petitioner and respondent that will inform respondent
about the address or telephone number of petitioner and
petitioner's minor child or about petitioner's employment address.
(j) Engaging in conduct that is prohibited under section 411h
or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and
750.411i.
(k) Any of the following with the intent to cause the
petitioner mental distress or to exert control over the petitioner
with respect to an animal in which the petitioner has an ownership
interest:
(i) Injuring, killing, torturing, neglecting, or threatening
to injure, kill, torture, or neglect the animal. A restraining
order that enjoins conduct under this subparagraph does not
prohibit the lawful killing or other use of the animal as described
in
section 50(11) 50(12) of the Michigan penal code, 1931 PA 328,
MCL 750.50.
(ii) Removing the animal from the petitioner's possession.
(iii) Retaining or obtaining possession of the animal.
(l) Any other specific act or conduct that imposes upon or
interferes with personal liberty or that causes a reasonable
apprehension of violence.
(2) If the respondent is a person who is issued a license to
carry a concealed weapon and is required to carry a weapon as a
condition of his or her employment, a police officer licensed or
certified by the Michigan commission on law enforcement standards
act, 1965 PA 203, MCL 28.601 to 28.615, a sheriff, a deputy sheriff
or a member of the Michigan department of state police, a local
corrections officer, department of corrections employee, or a
federal law enforcement officer who carries a firearm during the
normal course of his or her employment, the petitioner shall notify
the court of the respondent's occupation before issuance of the
personal protection order. This subsection does not apply to a
petitioner who does not know the respondent's occupation.
(3) A petitioner may omit his or her address of residence from
documents filed with the court under this section. If a petitioner
omits his or her address of residence, the petitioner shall provide
the court with a mailing address.
(4) The court shall issue a personal protection order under
this section if the court determines that there is reasonable cause
to believe that the individual to be restrained or enjoined may
commit 1 or more of the acts listed in subsection (1). In
determining whether reasonable cause exists, the court shall
consider all of the following:
(a) Testimony, documents, or other evidence offered in support
of the request for a personal protection order.
(b) Whether the individual to be restrained or enjoined has
previously committed or threatened to commit 1 or more of the acts
listed in subsection (1).
(5) A court shall not issue a personal protection order that
restrains or enjoins conduct described in subsection (1)(a) if all
of the following apply:
(a) The individual to be restrained or enjoined is not the
spouse of the moving party.
(b) The individual to be restrained or enjoined or the parent,
guardian, or custodian of the minor to be restrained or enjoined
has a property interest in the premises.
(c) The moving party or the parent, guardian, or custodian of
a minor petitioner has no property interest in the premises.
(6) A court shall not refuse to issue a personal protection
order solely because of the absence of any of the following:
(a) A police report.
(b) A medical report.
(c) A report or finding of an administrative agency.
(d) Physical signs of abuse or violence.
(7) If the court refuses to grant a personal protection order,
it shall state immediately in writing the specific reasons it
refused to issue a personal protection order. If a hearing is held,
the court shall also immediately state on the record the specific
reasons it refuses to issue a personal protection order.
(8) A court shall not issue a mutual personal protection
order. Correlative separate personal protection orders are
prohibited unless both parties have properly petitioned the court
under subsection (1).
(9) A personal protection order is effective and immediately
enforceable anywhere in this state after being signed by a judge.
Upon service, a personal protection order may also be enforced by
another state, an Indian tribe, or a territory of the United
States.
(10) The issuing court shall designate a law enforcement
agency that is responsible for entering a personal protection order
into the law enforcement information network as provided by the
C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.
(11) A personal protection order must include all of the
following, to the extent practicable in a single form:
(a) A statement that the personal protection order has been
entered to restrain or enjoin conduct listed in the order and that
violation of the personal protection order will subject the
individual restrained or enjoined to 1 or more of the following:
(i) If the respondent is 17 years of age or older, immediate
arrest and the civil and criminal contempt powers of the court and,
if he or she is found guilty of criminal contempt, imprisonment for
not more than 93 days and a fine of not more than $500.00.
(ii) If the respondent is less than 17 years of age, immediate
apprehension or being taken into custody and the dispositional
alternatives listed in section 18 of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.18.
(iii) If the respondent violates the personal protection order
in a jurisdiction other than this state, the enforcement procedures
and penalties of the state, Indian tribe, or United States
territory under whose jurisdiction the violation occurred.
(b) A statement that the personal protection order is
effective and immediately enforceable anywhere in this state after
being signed by a judge and that, upon service, a personal
protection order also may be enforced by another state, an Indian
tribe, or a territory of the United States.
(c) A statement listing the type or types of conduct enjoined.
(d) Unless the order is issued ex parte under subsection (12),
a statement that the respondent is restrained and enjoined as
provided in subsection (30).
(e) (d)
An expiration date stated clearly
on the face of the
order.
(f) (e)
A statement that the personal
protection order is
enforceable anywhere in this state by any law enforcement agency.
(g) (f)
The name of the law enforcement
agency designated by
the court to enter the personal protection order into the law
enforcement information network.
(h) (g)
For ex parte orders, a statement
that the individual
restrained or enjoined may file a motion to modify or rescind the
personal protection order and request a hearing within 14 days
after the individual restrained or enjoined has been served or has
received actual notice of the order and that motion forms and
filing instructions are available from the clerk of the court.
(12) A court shall issue an ex parte personal protection order
without written or oral notice to the individual restrained or
enjoined or his or her attorney if it clearly appears from specific
facts shown by a verified complaint, written motion, or affidavit
that immediate and irreparable injury, loss, or damage will result
from the delay required to effectuate notice or that the notice
will itself precipitate adverse action before a personal protection
order can be issued.
(13) A personal protection order issued under subsection (12)
is valid for not less than 182 days. The individual restrained or
enjoined may file a motion to modify or rescind the personal
protection order and request a hearing under the Michigan court
rules. A motion to modify or rescind the personal protection order
must be filed within 14 days after the order is served or after the
individual restrained or enjoined has received actual notice of the
personal protection order unless good cause is shown for filing the
motion after the 14 days have elapsed.
(14) Except as otherwise provided in this subsection, the
court shall schedule a hearing on a motion to modify or rescind the
ex parte personal protection order within 14 days after the motion
is filed. If the respondent is a person described in subsection (2)
and the personal protection order prohibits him or her from
purchasing or possessing a firearm, the court shall schedule a
hearing on the motion to modify or rescind the ex parte personal
protection order within 5 days after the motion is filed.
(15) The clerk of the court that issues a personal protection
order shall do all of the following immediately upon issuance and
without requiring a proof of service on the individual restrained
or enjoined:
(a) File a true copy of the personal protection order with the
law enforcement agency designated by the court in the personal
protection order.
(b) Provide the petitioner with 2 or more true copies of the
personal protection order.
(c) If the respondent is identified in the pleadings as a law
enforcement officer, notify the officer's employing law enforcement
agency, if known, about the existence of the personal protection
order.
(d) If the personal protection order prohibits the respondent
from purchasing or possessing a firearm, notify the county clerk of
the respondent's county of residence about the existence and
contents of the personal protection order.
(e) If the respondent is identified in the pleadings as a
department of corrections employee, notify the state department of
corrections about the existence of the personal protection order.
(f) If the respondent is identified in the pleadings as being
a person who may have access to information concerning the
petitioner or a child of the petitioner or respondent and that
information is contained in friend of the court records, notify the
friend of the court for the county in which the information is
located about the existence of the personal protection order.
(16) The clerk of the court shall inform the petitioner that
he or she may take a true copy of the personal protection order to
the law enforcement agency designated by the court under subsection
(10) to be immediately entered into the law enforcement information
network.
(17) The law enforcement agency that receives a true copy of a
personal protection order under subsection (15) or (16) shall
immediately and without requiring proof of service enter the
personal protection order into the law enforcement information
network as provided by the C.J.I.S. policy council act, 1974 PA
163, MCL 28.211 to 28.215.
(18) A personal protection order issued under this section
must be served personally or by registered or certified mail,
return receipt requested, delivery restricted to the addressee at
the last known address or addresses of the individual restrained or
enjoined or by any other manner allowed by the Michigan court
rules. If the individual restrained or enjoined has not been
served, a law enforcement officer or clerk of the court who knows
that a personal protection order exists may, at any time, serve the
individual restrained or enjoined with a true copy of the order or
advise the individual restrained or enjoined of the existence of
the personal protection order, the specific conduct enjoined, the
penalties for violating the order, and where the individual
restrained or enjoined may obtain a copy of the order. If the
respondent is less than 18 years of age, the parent, guardian, or
custodian of the individual must also be served personally or by
registered or certified mail, return receipt requested, delivery
restricted to the addressee at the last known address or addresses
of the parent, guardian, or custodian. A proof of service or proof
of oral notice must be filed with the clerk of the court issuing
the personal protection order. This subsection does not prohibit
the immediate effectiveness of a personal protection order or its
immediate enforcement under subsections (21) and (22).
(19) The clerk of the court that issued the personal
protection order shall immediately notify the law enforcement
agency that received the personal protection order under subsection
(15) or (16) if either of the following occurs:
(a) The clerk of the court receives proof that the individual
restrained or enjoined has been served.
(b) The personal protection order is rescinded, modified, or
extended by court order.
(20) The law enforcement agency that receives information
under subsection (19) shall enter the information or cause the
information to be entered into the law enforcement information
network as provided by the C.J.I.S. policy council act, 1974 PA
163, MCL 28.211 to 28.215.
(21) Subject to subsection (22), a personal protection order
is immediately enforceable anywhere in this state by any law
enforcement agency that has received a true copy of the order, is
shown a copy of it, or has verified its existence on the law
enforcement information network as provided by the C.J.I.S. policy
council act, 1974 PA 163, MCL 28.211 to 28.215.
(22) If the individual restrained or enjoined has not been
served, a law enforcement agency or officer responding to a call
alleging a violation of a personal protection order shall serve the
individual restrained or enjoined with a true copy of the order or
advise the individual restrained or enjoined of the existence of
the personal protection order, the specific conduct enjoined, the
penalties for violating the order, and where the individual
restrained or enjoined may obtain a copy of the order. The law
enforcement officer shall enforce the personal protection order and
immediately enter or cause to be entered into the law enforcement
information network that the individual restrained or enjoined has
actual notice of the personal protection order. The law enforcement
officer also shall file a proof of service or proof of oral notice
with the clerk of the court issuing the personal protection order.
If the individual restrained or enjoined has not received notice of
the personal protection order, the individual restrained or
enjoined must be given an opportunity to comply with the personal
protection order before the law enforcement officer makes a
custodial arrest for violation of the personal protection order.
The failure to immediately comply with the personal protection
order is grounds for an immediate custodial arrest. This subsection
does not preclude an arrest under section 15 or 15a of chapter IV
of the code of criminal procedure, 1927 PA 175, MCL 764.15 and
764.15a, or a proceeding under section 14 of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.14.
(23) An individual who is 17 years of age or older and who
refuses or fails to comply with a personal protection order under
this section is subject to the criminal contempt powers of the
court and, if found guilty, must be imprisoned for not more than 93
days and may be fined not more than $500.00. An individual who is
less than 17 years of age and who refuses or fails to comply with a
personal protection order issued under this section is subject to
the dispositional alternatives listed in section 18 of chapter XIIA
of the probate code of 1939, 1939 PA 288, MCL 712A.18. The criminal
penalty provided under this section may be imposed in addition to a
penalty that may be imposed for another criminal offense arising
from the same conduct.
(24) An individual who knowingly and intentionally makes a
false statement to the court in support of his or her petition for
a personal protection order is subject to the contempt powers of
the court.
(25) A personal protection order issued under this section is
also enforceable under section 15b of chapter IV of the code of
criminal procedure, 1927 PA 175, MCL 764.15b, and chapter 17.
(26) A court shall not issue a personal protection order that
restrains or enjoins conduct described in subsection (1) if any of
the following apply:
(a) The respondent is the unemancipated minor child of the
petitioner.
(b) The petitioner is the unemancipated minor child of the
respondent.
(c) The respondent is a minor child less than 10 years of age.
(27) If the respondent is less than 18 years of age, issuance
of a personal protection order under this section is subject to
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1
to 712A.32.
(28) A personal protection order that is issued before March
1, 1999 is not invalid on the ground that it does not comply with 1
or more of the requirements added by 1998 PA 477.
(29) For purposes of subsection (1)(k), a petitioner has an
ownership interest in an animal if 1 or more of the following are
applicable:
(a) The petitioner has a right of property in the animal.
(b) The petitioner keeps or harbors the animal.
(c) The animal is in the petitioner's care.
(d) The petitioner permits the animal to remain on or about
premises occupied by the petitioner.
(30) A personal protection order entered under this section
after a hearing of which the respondent received actual notice, and
at which the respondent had the opportunity to participate, must
restrain and enjoin the respondent from possessing, using,
transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm or ammunition. This subsection applies
regardless of whether the petitioner requests relief under
subsection (1)(e).
(31) (30)
As used in this section:
(a) "Dating relationship" means frequent, intimate
associations primarily characterized by the expectation of
affectional involvement. Dating relationship does not include a
casual relationship or an ordinary fraternization between 2
individuals in a business or social context.
(b) "Federal law enforcement officer" means an officer or
agent employed by a law enforcement agency of the United States
government whose primary responsibility is the enforcement of laws
of the United States.
(c) "Neglect" means that term as defined in section 50 of the
Michigan penal code, 1931 PA 328, MCL 750.50.
(d) "Personal protection order" means an injunctive order
issued by the family division of circuit court restraining or
enjoining activity and individuals listed in subsection (1).