HOUSE BILL No. 5567 February 11, 1998, Introduced by Rep. Kilpatrick and referred to the Committee on Judiciary. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 15b and 15c of chapter IV (MCL 764.15b and 764.15c), as amended by 1996 PA 15. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER IV 2 Sec. 15b. (1) A peace officer, without a warrant, may 3 arrest and take into custody an individual when the peace officer 4 has reasonable cause to believe all of the following apply: 5 (a) A personal protection order has been issued under 6 section 2950 or 2950a of the revised judicature act of 1961,Act7No. 236 of the Public Acts of 1961, being sections 600.2950 and8600.2950a of the Michigan Compiled Laws1961 PA 236, MCL 9 600.2950 AND 600.2950A. 02210'97 b * TLG 2 1 (b) The individual named in the personal protection order is 2 in violation of the order. An individual is in violation of the 3 order if that individual commits 1 or more of the following acts 4 the order specifically restrains or enjoins the individual from 5 committing: 6 (i) Assaulting, attacking, beating, molesting, or wounding a 7 named individual. 8 (ii) Removing minor children from an individual having legal 9 custody of the children, except as otherwise authorized by a cus- 10 tody or parenting time order issued by a court of competent 11 jurisdiction. 12 (iii) Entering onto premises. 13 (iv) Engaging in conduct prohibited under section 411h or 14 411i of the Michigan penal code,Act No. 328 of the Public Acts15of 1931, being sections 750.411h and 750.411i of the Michigan16Compiled Laws1931 PA 328, MCL 750.411H AND 750.411I. 17 (v) Threatening to kill or physically injure a named 18 individual. 19 (vi) Beginning April 1, 1996, purchasing or possessing a 20 firearm. 21 (vii) Interfering with petitioner's efforts to remove 22 petitioner's children or personal property from premises that are 23 solely owned or leased by the individual to be restrained or 24 enjoined. 25 (viii) Interfering with petitioner at petitioner's place of 26 employment OR EDUCATION or engaging in conduct that impairs 02210'97 b * 3 1 petitioner's employment OR EDUCATIONAL relationship or 2 environment. 3 (ix) Any other act or conduct specified by the court in the 4 personal protection order. 5 (c) The personal protection order states on its face that a 6 violation of its terms subjects the individual to immediate 7 arrest and EITHER OF THE FOLLOWING: 8 (i) IF THE INDIVIDUAL WAS RESTRAINED OR ENJOINED BY THE CIR- 9 CUIT COURT, to criminal contempt of court and, if found guilty of 10 criminal contempt,the individual shall be imprisonedTO 11 IMPRISONMENT for not more than 93 days andmay be finedTO A 12 FINE OF not more than $500.00. 13 (ii) IF THE INDIVIDUAL WAS RESTRAINED OR ENJOINED BY THE 14 FAMILY DIVISION OF CIRCUIT COURT, TO THE DISPOSITIONAL ALTERNA- 15 TIVES LISTED IN SECTION 18 OF CHAPTER XIIA OF THE PROBATE CODE, 16 1939 PA 288, MCL 712A.18. 17 (2) An individual arrested under this section shall be 18 brought before the FAMILY DIVISION OF THE circuit court having 19 jurisdiction in the cause within 24 hours after arrest to answer 20 to a charge of contempt for violation of the personal protection 21 order, at which time the court shall do each of the following: 22 (a) Set a time certain for a hearing on the alleged viola- 23 tion of the personal protection order within 72 hours after 24 arrest, unless extended by the court on the motion of the 25 arrested individual or the prosecuting attorney. 26 (b) Set a reasonable bond pending a hearing of the alleged 27 violation of the personal protection order. 02210'97 b * 4 1 (c) Notify the prosecuting attorney of the criminal contempt 2 proceeding. 3 (d) Notify the party who has procured the personal protec- 4 tion order and his or her attorney of record, if any, and direct 5 the party to appear at the hearing and give evidence on the 6 charge of contempt. 7 (3) In circuits where the circuit court judge may not be 8 present or available within 24 hours after arrest, an individual 9 arrested under this section shall be taken before the district 10 court within 24 hours after arrest, at which time the district 11 court shall order the defendant to appear before the circuit 12 court of the county for a hearing on the charge. The district 13 court shall set bond for the individual. 14 (4) The circuit courtforIN each county of this state has 15 jurisdiction to conduct contempt proceedings based upon a viola- 16 tion of a personal protection order described in this section 17 issued by the circuit court in any county of this state. The 18 court of arraignment shall notify the circuit court that issued 19 the personal protection order that the issuing court may request 20 that the defendant be returned to that county for violating the 21 personal protection order. If the circuit court that issued the 22 personal protection order requests that the defendant be returned 23 to that county to stand trial, the requesting county shall bear 24 the cost of transporting the defendant to that county. 25 (5) THE FAMILY DIVISION OF CIRCUIT COURT HAS JURISDICTION TO 26 CONDUCT CONTEMPT PROCEEDINGS BASED UPON A VIOLATION OF A PERSONAL 27 PROTECTION ORDER DESCRIBED IN THIS SECTION ISSUED BY THE FAMILY 02210'97 b * 5 1 DIVISION OF CIRCUIT COURT IN ANY COUNTY OF THIS STATE. THE 2 FAMILY DIVISION OF CIRCUIT COURT THAT CONDUCTS THE PRELIMINARY 3 HEARING SHALL NOTIFY THE FAMILY DIVISION OF CIRCUIT COURT THAT 4 ISSUED THE PERSONAL PROTECTION ORDER THAT THE ISSUING COURT MAY 5 REQUEST THAT THE RESPONDENT BE RETURNED TO THAT COUNTY FOR VIO- 6 LATING THE PERSONAL PROTECTION ORDER. IF THE FAMILY DIVISION OF 7 CIRCUIT COURT THAT ISSUED THE PERSONAL PROTECTION ORDER REQUESTS 8 THAT THE RESPONDENT BE RETURNED TO THAT COUNTY TO STAND TRIAL, 9 THE REQUESTING COUNTY SHALL BEAR THE COST OF TRANSPORTING THE 10 DEFENDANT TO THAT COUNTY. 11 (6)(5)The prosecuting attorney shall prosecute a crimi- 12 nal contempt proceeding initiated by the court under subsection 13 (2), unless the party who procured the personal protection order 14 retains his or her own attorney for the criminal contempt 15 proceeding. If the prosecuting attorney prosecutes the criminal 16 contempt proceeding, the court shall grant an adjournment for not 17 less than 14 days or a lesser period requested if the prosecuting 18 attorney moves for adjournment. If the prosecuting attorney 19 prosecutes the criminal contempt proceeding, the court may dis- 20 miss the proceeding upon motion of the prosecuting attorney for 21 good cause shown. 22 (7)(6)Upon receiving a true copy of a personal protec- 23 tion order issued in compliance with this section, the law 24 enforcement agency shall enter the order into the law enforcement 25 information network as provided by the L.E.I.N. policy council 26 act of 1974,Act No. 163 of the Public Acts of 1974, being02210'97 b * 6 1sections 28.211 to 28.216 of the Michigan Compiled Laws1974 PA 2 163, MCL 28.211 TO 28.216. 3 Sec. 15c. (1) After investigating or intervening in a 4 domestic dispute as described in section 15a or 15b of this chap- 5 ter, a peace officer shall provide the victim with a copy of the 6 notice in this section. The notice shall be written and shall 7 include all of the following: 8 (a) The name and telephone number of the responding police 9 agency. 10 (b) The name and badge number of the responding peace 11 officer. 12 (c) The following statement: 13 "You may obtain a copy of the police incident report for 14 your case by contacting this law enforcement agency at the tele- 15 phone number provided. 16 The domestic violence shelter program and other resources in 17 your area are (include local information). 18 Information about emergency shelter, counseling services, 19 and the legal rights of domestic violence victims is available 20 from these resources. 21 Your legal rights include the right to go to court and file 22 a petition requesting a personal protection order to protect you 23 or other members of your household from domestic abuse which 24 could include the following: 25 (a) An order restraining or enjoining the abuser from enter- 26 ing onto premises. 02210'97 b * 7 1 (b) An order restraining or enjoining the abuser from 2 assaulting, attacking, beating, molesting, or wounding you. 3 (c) An order restraining or enjoining the abuser from 4 threatening to kill or physically injure you or another person. 5 (d) An order restraining or enjoining the abuser from remov- 6 ing minor children from you, except as otherwise authorized by a 7 custody or parenting time order issued by a court of competent 8 jurisdiction. 9 (e) An order restraining or enjoining the abuser from engag- 10 ing in stalking behavior. 11 (f)Beginning April 1, 1996, anAN order restraining or 12 enjoining the abuser from purchasing or possessing a firearm. 13 (g) An order restraining or enjoining the abuser from inter- 14 fering with your efforts to remove your children or personal 15 property from premises that are solely owned or leased by the 16 abuser. 17 (h) An order restraining or enjoining the abuser from inter- 18 fering with you at your place of employment OR EDUCATION or 19 engaging in conduct that impairs your employment relationship or 20 YOUR EMPLOYMENT OR EDUCATIONAL environment. 21 (i) An order restraining or enjoining the abuser from engag- 22 ing in any other specific act or conduct that imposes upon or 23 interferes with your personal liberty or that causes a reasonable 24 apprehension of violence.". 25 (2) The peace officer shall prepare a domestic violence 26 report after investigating or intervening in a domestic dispute 27 or an incident involving domestic violence as described in 02210'97 b * 8 1 subsection (1). The report shall contain, but is not limited to 2 containing, all of the following: 3 (a) The address, date, and time of the occurrence or inci- 4 dent being investigated. 5 (b) The victim's name, address, home and work telephone num- 6 bers, race, sex, and date of birth. 7 (c) The suspect's name, address, home and work telephone 8 numbers, race, sex, date of birth, and information describing the 9 suspect and whether an injunction or restraining order covering 10 the suspect exists. 11 (d) The name, address, home and work telephone numbers, 12 race, sex, and date of birth of any witness, including a child of 13 the victim or suspect, and the relationship of the witness to the 14 suspect or victim. 15 (e) The following information about the occurrence or inci- 16 dent being investigated: 17 (i) The name of the person that called the law enforcement 18 agency. 19 (ii) The relationship of the victim and suspect. 20 (iii) Whether alcohol or controlled substance use was 21 involved in the occurrence or incident, and by whom it was used. 22 (iv) A brief narrative describing the dispute or incident 23 and the circumstances that led to it. 24 (v) Whether and how many times the suspect physically 25 assaulted the victim and a description of any weapon or object 26 used. 02210'97 b * 9 1 (vi) A description of all injuries sustained by the victim 2 and an explanation of how the injuries were sustained. 3 (vii) If the victim sought medical attention, information 4 concerning where and how the victim was transported, whether the 5 victim was admitted to a hospital or clinic for treatment, and 6 the name and telephone number of the attending physician. 7 (viii) A description of any property damage reported by the 8 victim or evident at the scene. 9 (f) A description of any previous domestic disputes or inci- 10 dents involving domestic violence between the victim and the 11 suspect. 12 (g) The date and time of the report and the name, badge 13 number, and signature of the peace officer completing the 14 report. 15 (3) The law enforcement agency shall retain the completed 16 domestic violence report in its files. The law enforcement 17 agency shall also file a copy of the completed domestic violence 18 report with the prosecuting attorney within 48 hours after the 19 dispute or incident is reported to the law enforcement agency. 20 Enacting section 1. This amendatory act does not take 21 effect unless all of the following bills of the 89th Legislature 22 are enacted into law: 23 (a) Senate Bill No. _____ or House Bill No. _____ (request 24 no. 02210'97 **). 25 (b) Senate Bill No. _____ or House Bill No. _____ (request 26 no. 02210'97 a *). 02210'97 b * 10 1 (c) Senate Bill No. _____ or House Bill No. _____ (request 2 no. 02211'97 **). 02210'97 b * Final page. TLG