REASON FOR STALKING PPO/MIN. AGE - H.B. 5273 (S-1): FLOOR ANALYSIS
House Bill 5273 (Substitute S-1 as reported)
Sponsor: Representative Laura M. Toy
House Committee: Criminal Justice
Senate Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act (RJA) to require that a court immediately state in writing the specific reasons for issuing or refusing to issue a personal protection order (PPO) restraining or enjoining stalking activity. If a hearing were held, the court immediately would have to state on the record the specific reasons for issuing or refusing to issue a stalking PPO. The bill also would prohibit a court from issuing a PPO to restrain or enjoin stalking activity if the respondent were under 10 years old.
The RJA allows an individual to petition the family division of circuit court to enter a PPO to restrain or enjoin another individual from engaging in conduct that is prohibited as stalking under the Michigan Penal Code. If a court refuses to grant a stalking PPO, it must immediately state in writing the specific reasons for refusal. If a hearing is held, the court immediately must state on the record the specific reasons it refuses to issue a PPO. Under the bill, these requirements would apply to both issuing and refusing to issue a stalking PPO.
The bill would take effect on April 1, 2002.
MCL 600.2950a - Legislative Analyst: P. Affholter
FISCAL IMPACT
The State Court Administrative Office reports that the bill would result in additional processing time for personal protection orders.
Date Completed: 12-6-01 - Fiscal Analyst: B. BowermanFloor\hb5273 - Bill Analysis @ http://www.senate.state.mi.us/sfa
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.