DOMESTIC VIOLENCE VICTIM ADVOCATE - H.B. 4712: FLOOR ANALYSIS


House Bill 4712 (as reported without amendment)

Sponsor: Representative Sandra Caul

House Committee: Criminal Law and Corrections

Senate Committee: Judiciary


CONTENT


The bill would amend the Revised Judicature Act to authorize the family court in each county to provide a domestic violence victim advocate to assist victims of domestic violence in obtaining a personal protection order (PPO). To provide that assistance, the court could use the services of a public or private agency or organization that had a record of service to victims of domestic violence. A domestic violence victim advocate could provide all of the following assistance: informing a victim of the availability of, and assisting the victim in obtaining, serving, modifying, or rescinding a PPO; providing an interpreter for a case involving domestic violence that included a request for a PPO; and informing a victim of the availability of shelter, safety plans, counseling, other social services, and generic written materials about Michigan law. A domestic violence victim advocate could not represent or advocate for domestic violence victims in court. The bill also specifies, however, that providing assistance as a domestic violence victim advocate would not violate the Act's prohibition against the unauthorized practice of law.


To the extent not protected by the immunity conferred in the governmental immunity Act, a person other than a court employee who provided assistance as a domestic violence victim advocate would be presumed to be acting in good faith and would not be liable in a civil action for damages for acts or omissions in providing assistance, except for acts or omissions that amounted to gross negligence or willful and wanton misconduct.


MCL 600.916 et al. - Legislative Analyst: P. Affholter


FISCAL IMPACT


The bill would have an indeterminate impact on local units of government, which would depend on the number of counties that decided to provide a domestic violence victim advocate to assist victims of domestic violence.



Date Completed: 12-3-99 - Fiscal Analyst: B. Bowerman

floor\hb4712 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.