HOUSE BILL No. 5273 October 17, 2001, Introduced by Reps. Toy, Allen, Woronchak, Vander Veen, Birkholz, Gilbert, Richardville, Pumford, Jelinek, Meyer, Middaugh, Cassis, Scranton, Shackleton, Newell, Patterson, Kuipers, Sanborn and DeVuyst and referred to the Committee on Criminal Justice. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2950a (MCL 600.2950a), as amended by 1999 PA 268. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2950a. (1) Except as provided in subsections (25) and 2 (26), by commencing an independent action to obtain relief under 3 this section, by joining a claim to an action, or by filing a 4 motion in an action in which the petitioner and the individual to 5 be restrained or enjoined are parties, an individual may petition 6 the family division of circuit court to enter a personal protec- 7 tion order to restrain or enjoin an individual from engaging in 8 conduct that is prohibited under section 411h or 411i of the 9 Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i. 10 Relief shall not be granted unless the petition alleges facts 05224'01 LTB 2 1 that constitute stalking as defined in section 411h or 411i of 2 the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i. 3 Relief may be sought and granted under this section whether or 4 not the individual to be restrained or enjoined has been charged 5 or convicted under section 411h or 411i of the Michigan penal 6 code, 1931 PA 328, MCL 750.411h and 750.411i, for the alleged 7 violation. 8 (2) If the respondent is a person who is issued a license to 9 carry a concealed weapon and is required to carry a weapon as a 10 condition of his or her employment, a police officer certified by 11 the commission on law enforcement standards act, 1965 PA 203, MCL 12 28.601 to 28.616, a sheriff, a deputy sheriff or a member of the 13 Michigan department of state police, a local corrections officer, 14 a department of corrections employee, or a federal law enforce- 15 ment officer who carries a firearm during the normal course of 16 his or her employment, the petitioner shall notify the court of 17 the respondent's occupation prior to the issuance of the personal 18 protection order. This subsection does not apply to a petitioner 19 who does not know the respondent's occupation. 20 (3) A petitioner may omit his or her address of residence 21 from documents filed with the courtpursuant toUNDER this 22 section. If a petitioner omits his or her address of residence, 23 the petitioner shall provide the court a mailing address. 24 (4)If the court refuses to grant a personal protection25order, itA COURT shall immediately state in writing the spe- 26 cific reasonsit refusedFOR ISSUING OR REFUSING to issue a 27 personal protection order. If a hearing is held, the court shall 05224'01 3 1 also immediately state on the record the specific reasonsit2refusesFOR ISSUING OR REFUSING to issue a personal protection 3 order. 4 (5) A personal protection order shall not be made mutual. 5 Correlative separate personal protection orders are prohibited 6 unless both parties have properly petitioned the courtpursuant7 ACCORDING to subsection (1). 8 (6) A personal protection order is effective and immediately 9 enforceable when signed by a judge. 10 (7) The court shall designate the law enforcement agency 11 that is responsible for entering the personal protection order 12 into thelaw law enforcement information network as provided by13the L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.21114to 28.216L.E.I.N. 15 (8) A personal protection order issued under this section 16 shall include all of the following, and to the extent practicable 17the following shall becontained in a single form: 18 (a) A statement that the personal protection order has been 19 entered to enjoin or restrain conduct listed in the order and 20 that violation of the personal protection order will subject the 21 individual restrained or enjoined to either of the following: 22 (i) If the respondent is 17 years of age or more, immediate 23 arrest and the civil and criminal contempt powers of the court, 24 and that if he or she is found guilty of criminal contempt, he or 25 she shall be imprisoned for not more than 93 days and may be 26 fined not more than $500.00. 05224'01 4 1 (ii) If the respondent is less than 17 years of age, to 2 immediate apprehension or being taken into custody, and subject 3 to the dispositional alternatives listed in section 18 of chapter 4 XIIA of THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.18. 5 (b) A statement that the personal protection order is effec- 6 tive and immediately enforceable when signed by a judge. 7 (c) A statement listingtheEACH typeor typesof con- 8 duct enjoined. 9 (d) An expiration date stated clearly on the face of the 10 order. 11 (e) A statement that the personal protection order is 12 enforceable anywhere in Michigan by any law enforcement agency. 13 (f) The law enforcement agency designated by the court to 14 enter the personal protection order into thelaw enforcement15information networkL.E.I.N. 16 (g) For AN ex parteordersORDER, a statement that the 17 individual restrained or enjoined may file a motion to modify or 18 rescind the personal protection order and request a hearing 19 within 14 days after the individual restrained or enjoined has 20 been served or has received actual notice of the personal protec- 21 tion order and that motion forms and filing instructions are 22 available from the clerk of the court. 23 (9) An ex parte personal protection order shall not be 24 issued and effective without written or oral notice to the indi- 25 vidual enjoined or his or her attorney unless it clearly appears 26 from specific facts shown by verified complaint, written motion, 27 or affidavit that immediate and irreparable injury, loss, or 05224'01 5 1 damage will result from the delay required to effectuate notice 2 or that the notice willitselfprecipitate adverse action 3 before a personal protection order can be issued. 4 (10) A personal protection order issued under subsection (9) 5 is valid for not less than 182 days. The individual restrained 6 or enjoined may file a motion to modify or rescind the personal 7 protection order and request a hearingpursuant toUNDER the 8 Michigan court rules. The motion to modify or rescind the per- 9 sonal protection order shall be filed within 14 days after the 10 order is served or after the individual restrained or enjoined 11 has received actual notice of the personal protection order 12 unless good cause is shown for filing the motion afterthe14 13 days have elapsed. 14 (11) Except as otherwise provided in this subsection, the 15 court shall schedule a hearing on the motion to modify or rescind 16 the ex parte personal protection order within 14 days after the 17 filing of the motion to modify or rescind. If the respondent is 18 a person described in subsection (2) and the personal protection 19 order prohibits him or her from purchasing or possessing a fire- 20 arm, the court shall schedule a hearing on the motion to modify 21 or rescind the ex parte personal protection order within 5 days 22 after the filing of the motion to modify or rescind. 23 (12) The clerk of the court that issues a personal protec- 24 tion order shall do all of the following immediately upon issu- 25 anceandwithout requiringaproof of service on the individ- 26 ual restrained or enjoined: 05224'01 6 1 (a) File a true copy of the personal protection order with 2 the law enforcement agency designated by the court in the 3 personal protection order. 4 (b) Provide petitioner with not less than 2 true copies of 5 the personal protection order. 6 (c) If respondent is identified in the pleadings as a law 7 enforcement officer, notify the officer's employing law enforce- 8 ment agency about the existence of the personal protection 9 order. 10 (d) If the personal protection order prohibits THE respon- 11 dent from purchasing or possessing a firearm, notify the con- 12 cealed weapon licensing board in respondent's county of residence 13 about the existence andcontentsCONTENT of the personal pro- 14 tection order. 15 (e) If the respondent is identified in the pleadings as a 16 department of corrections employee, notify the state department 17 of corrections about the existence of the personal protection 18 order. 19 (f) If the respondent is identified in the pleadings as 20 being a person who may have access to information concerning the 21 petitioner or a child of the petitioner or respondent and that 22 information is contained in friend of the court records, notify 23 the friend of the court for the county in which the information 24 is located about the existence of the personal protection order. 25 (13) The clerk of the court shall inform the petitioner that 26 he or she may take a true copy of the personal protection order 27 to the law enforcement agency designated by the court in 05224'01 7 1 subsection (7) to be immediately entered into thelaw2enforcement information networkL.E.I.N. 3 (14) The law enforcement agency that receives a true copy of 4 the personal protection order under subsection (12) or (13) shall 5 immediately,andwithout requiring proof of service, enter the 6 personal protection order into thelaw enforcement information7network, as provided by the L.E.I.N. policy council act of 1974,81974 PA 163, MCL 28.211 to 28.216L.E.I.N. 9 (15) A personal protection order issued under this section 10 shall be served personally or by registered or certified mail, 11 return receipt requested, delivery restricted to the addressee at 12 the last known address or addresses of the individual restrained 13 or enjoined or by any other manner provided in the Michigan court 14 rules. If the individual restrained or enjoined has not been 15 served, a law enforcement officer or clerk of the court who knows 16 that a personal protection order exists may, at any time, serve 17 the individual restrained or enjoined with a true copy of the 18 order or advise the individual restrained or enjoined about the 19 existence of the personal protection order, the specific conduct 20 enjoined, the penalties for violating the order, and where the 21 individual restrained or enjoined may obtain a copy of the 22 order. If the respondent is less than 18 years of age, the 23 parent, guardian, or custodian of that individual shall also be 24 served personally or by registered or certified mail, return 25 receipt requested, delivery restricted to the addressee at the 26 last known address or addresses of the parent, guardian, or 27 custodian of the individual restrained or enjoined. A proof of 05224'01 8 1 service or proof of oral notice shall be filed with the clerk of 2 the court issuing the personal protection order. This subsection 3 does not prohibit the immediate effectiveness of a personal pro- 4 tection order oritsimmediate enforcement undersubsections5 SUBSECTION (18)andOR (19). 6 (16) The clerk of the court shall immediately notify the law 7 enforcement agency that received the personal protection order 8 under subsection (12) or (13) if either of the following occurs: 9 (a) The clerk of the court has received proof that the indi- 10 vidual restrained or enjoined has been served. 11 (b) The personal protection order is rescinded, modified, or 12 extended by court order. 13 (17) The law enforcement agency that receives information 14 under subsection (16) shall enter the information or cause the 15 information to be entered into thelaw enforcement information16network as provided by the L.E.I.N. policy council act of 1974,171974 PA 163, MCL 28.211 to 28.216L.E.I.N. 18 (18) Subject to subsection (19), a personal protection order 19 is immediately enforceable anywhere in this state by any law 20 enforcement agency that has received a true copy of the order, is 21 shown a copy of it, or has verified its existence on thelaw22enforcement information network as provided by the23L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to2428.216L.E.I.N. 25 (19) If the individual restrained or enjoined has not been 26 served, the law enforcement agency or officer responding to a 27 call alleging a violation of a personal protection order shall 05224'01 9 1 serve the individual restrained or enjoined with a true copy of 2 the order or advise the individual restrained or enjoined about 3 the existence of the personal protection order, the specific con- 4 duct enjoined, the penalties for violating the order, and where 5 the individual restrained or enjoined may obtain a copy of the 6 order. The law enforcement officer shall enforce the personal 7 protection order and immediately enter or cause to be entered 8 into thelaw enforcement information networkL.E.I.N. that the 9 individual restrained or enjoined has actual notice of the per- 10 sonal protection order. The law enforcement officer also shall 11 file a proof of service or proof of oral notice with the clerk of 12 the court issuing the personal protection order. If the individ- 13 ual restrained or enjoined has not received notice of the per- 14 sonal protection order, the individual restrained or enjoined 15 shall be given an opportunity to comply with the personal protec- 16 tion order before the law enforcement officer makes a custodial 17 arrest for violation of the personal protection order.The18failureFAILURE to immediately comply with the personal protec- 19 tion ordershall beIS grounds for an immediate custodial 20 arrest. This subsection does not preclude an arrest under 21 section 15 or 15a of chapter IV of the code of criminal proce- 22 dure, 1927 PA 175, MCL 764.15 and 764.15a, or a proceeding under 23 section 14 of chapter XIIA of THE PROBATE CODE OF 1939, 1939 PA 24 288, MCL 712A.14. 25 (20) An individualwho is17 years of age or moreand26 who refuses or fails to comply with a personal protection order 27 issued under this section is subject to the criminal contempt 05224'01 10 1 powers of the court and, if found guilty of criminal contempt, 2 shall be imprisoned for not more than 93 days and may be fined 3 not more than $500.00. An individualwho isless than 17 years 4 of ageandwho refuses or fails to comply with a personal pro- 5 tection order issued under this section is subject to the dispo- 6 sitional alternatives listed in section 18 of chapter XIIA of THE 7 PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.18. The criminal 8 penalty provided for under this section may be imposed in addi- 9 tion to any penalty that may be imposed for any other criminal 10 offense arising from the same conduct. 11 (21) An individual who knowingly and intentionally makes a 12 false statement to the court in support of his or her petition 13 for a personal protection order is subject to the contempt powers 14 of the court. 15 (22) A personal protection order issued under this section 16 is also enforceable under chapter XIIA of THE PROBATE CODE OF 17 1939, 1939 PA 288, MCL 712A.1 to712A.31712A.32, and 18 section 15b of chapter IV of the code of criminal procedure, 1927 19 PA 175, MCL 764.15b. 20 (23) A personal protection order issued under this section 21 may enjoin or restrain an individual from purchasing or possess- 22 ing a firearm. 23 (24) A personal protection order issued under this section 24 is also enforceable under chapter 17. 25 (25) A court shall not issue a personal protection order 26 that restrains or enjoins conduct described in subsection (1) if 27 either of the following applies: 05224'01 11 1 (a) The respondent is the unemancipated minor child of the 2 petitioner. 3 (b) The petitioner is the unemancipated minor child of the 4 respondent. 5 (26) If the respondent is less than 18 years of age, issu- 6 ance of a personal protection order under this section is subject 7 to chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 8 712A.1 to 712A.32. 9 (27) A personal protection order that is issuedprior to10the effective date of the amendatory act that added this11subsectionBEFORE MARCH 1, 1999 is not invalid on the ground 12 that it does not comply with 1 or more of the requirements added 13 bythat amendatory act1998 PA 476. 14 (28) A court shall not issue a personal protection order 15 under this section if the petitioner is a prisoner. If a per- 16 sonal protection order is issued in violation of this subsection, 17 a court shall rescind the personal protection order upon notifi- 18 cation and verification that the petitioner is a prisoner. 19 (29) As used in this section: 20 (a) "Federal law enforcement officer" means an officer or 21 agent employed by a law enforcement agency of the United States 22 government whose primary responsibility is the enforcement of 23 laws of the United States. 24 (B) "L.E.I.N." MEANS THE LAW ENFORCEMENT INFORMATION NET- 25 WORK ADMINISTERED UNDER THE L.E.I.N. POLICY COUNCIL ACT OF 1974, 26 1974 PA 163, MCL 28.211 TO 28.216. 05224'01 12 1 (C)(b)"Personal protection order" means an injunctive 2 order issued by circuit court or the family division of circuit 3 court restraining or enjoining conduct prohibited under section 4 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 5 750.411h and 750.411i. 6 (D)(c)"Prisoner" means a person subject to incarcera- 7 tion, detention, or admission to a prison who is accused of, con- 8 victed of, sentenced for, or adjudicated delinquent for viola- 9 tions of federal, state, or local law or the terms and conditions 10 of parole, probation, pretrial release, or a diversionary 11 program. 05224'01 Final page. LTB