HOUSE BILL No. 5300


     October 18, 2001, Introduced by Rep. Ruth Johnson 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

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      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


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      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.

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      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 court  pursuant to  UNDER 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  A court refuses to grant a personal protection

25
      order,  it  THE COURT shall immediately state in writing the spe-

26
      cific reasons it refused to issue a personal protection order.

27
      If a hearing is held, the court shall also immediately state on



   05225'01 b                                   3

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      the record the specific reasons it refuses to issue a personal

 2
      protection order.

 3
           (5) A personal protection order shall not be made mutual.

 4
      Correlative separate personal protection orders are prohibited

 5
      unless both parties have properly petitioned the court  pursuant

 6
      ACCORDING to subsection (1).

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           (6) A personal protection order is effective and immediately

 8
      enforceable ANYWHERE IN THIS STATE when signed by a judge.  UPON

 9
      SERVICE, A PERSONAL PROTECTION ORDER ALSO MAY BE ENFORCED BY

10
      ANOTHER STATE, AN INDIAN TRIBE, OR A TERRITORY OF THE UNITED

11
      STATES.

12
           (7) The court shall designate the law enforcement agency

13
      that is responsible for entering the personal protection order

14
      into the  law law enforcement information network as provided by

15
      the L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211

16
      to 28.216  L.E.I.N.

17
           (8) A personal protection order issued under this section

18
      shall include all of the following, and to the extent practicable

19
       the following shall be  contained in a single form:

20
           (a) A statement that the personal protection order has been

21
      entered to enjoin or restrain conduct listed in the order and

22
      that violation of the personal protection order will subject the

23
      individual restrained or enjoined to  either  1 OR MORE of the

24
      following:

25
           (i) If the respondent is 17 years of age or more, immediate

26
      arrest and the civil and criminal contempt powers of the court,

27
      and that if he or she is found guilty of criminal contempt, he or



   05225'01 b                                   4

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      she shall be imprisoned for not more than 93 days and may be

 2
      fined not more than $500.00.

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           (ii) If the respondent is less than 17 years of age, to

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      immediate apprehension or being taken into custody, and subject

 5
      to the dispositional alternatives listed in section 18 of chapter

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      XIIA of THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.18.

 7
           (iii) IF THE RESPONDENT VIOLATES THE PERSONAL PROTECTION

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      ORDER IN A JURISDICTION OTHER THAN THIS STATE, THE RESPONDENT IS

 9
      SUBJECT TO THE ENFORCEMENT PROCEDURES AND PENALTIES OF THE STATE,

10
      INDIAN TRIBE, OR UNITED STATES TERRITORY UNDER WHOSE JURISDICTION

11
      THE VIOLATION OCCURRED.

12
           (b) A statement that the personal protection order is effec-

13
      tive and immediately enforceable ANYWHERE IN THIS STATE when

14
      signed by a judge, AND THAT UPON SERVICE, A PERSONAL PROTECTION

15
      ORDER ALSO MAY BE ENFORCED BY ANOTHER STATE, AN INDIAN TRIBE, OR

16
      A TERRITORY OF THE UNITED STATES.

17
           (c) A statement listing  the  EACH type  or types  of
   con-

18
      duct enjoined.

19
           (d) An expiration date stated clearly on the face of the

20
      order.

21
           (e) A statement that the personal protection order is

22
      enforceable anywhere in Michigan by any law enforcement agency.

23
           (f) The law enforcement agency designated by the court to

24
      enter the personal protection order into the  law enforcement

25
      information network  L.E.I.N.

26
           (g) For AN ex parte  orders  ORDER, a statement that the

27
      individual restrained or enjoined may file a motion to modify or



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      rescind the personal protection order and request a hearing

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      within 14 days after the individual restrained or enjoined has

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      been served or has received actual notice of the personal protec-

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      tion order and that motion forms and filing instructions are

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      available from the clerk of the court.

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           (9) An ex parte personal protection order shall not be

 7
      issued and effective without written or oral notice to the indi-

 8
      vidual enjoined or his or her attorney unless it clearly appears

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      from specific facts shown by verified complaint, written motion,

10
      or affidavit that immediate and irreparable injury, loss, or

11
      damage will result from the delay required to effectuate notice

12
      or that the notice will  itself  precipitate adverse action

13
      before a personal protection order can be issued.

14
           (10) A personal protection order issued under subsection (9)

15
      is valid for not less than 182 days.  The individual restrained

16
      or enjoined may file a motion to modify or rescind the personal

17
      protection order and request a hearing  pursuant to  UNDER the

18
      Michigan court rules.  The motion to modify or rescind the per-

19
      sonal protection order shall be filed within 14 days after the

20
      order is served or after the individual restrained or enjoined

21
      has received actual notice of the personal protection order

22
      unless good cause is shown for filing the motion after  the  14

23
      days have elapsed.

24
           (11) Except as otherwise provided in this subsection, the

25
      court shall schedule a hearing on the motion to modify or rescind

26
      the ex parte personal protection order within 14 days after the

27
      filing of the motion to modify or rescind.  If the respondent is



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      a person described in subsection (2) and the personal protection

 2
      order prohibits him or her from purchasing or possessing a fire-

 3
      arm, the court shall schedule a hearing on the motion to modify

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      or rescind the ex parte personal protection order within 5 days

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      after the filing of the motion to modify or rescind.

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           (12) The clerk of the court that issues a personal protec-

 7
      tion order shall do all of the following immediately upon issu-

 8
      ance  and  without requiring  a  proof of service on the
   individ-

 9
      ual restrained or enjoined:

10
           (a) File a true copy of the personal protection order with

11
      the law enforcement agency designated by the court in the per-

12
      sonal protection order.

13
           (b) Provide petitioner with not less than 2 true copies of

14
      the personal protection order.

15
           (c) If respondent is identified in the pleadings as a law

16
      enforcement officer, notify the officer's employing law enforce-

17
      ment agency about the existence of the personal protection

18
      order.

19
           (d) If the personal protection order prohibits THE respon-

20
      dent from purchasing or possessing a firearm, notify the con-

21
      cealed weapon licensing board in respondent's county of residence

22
      about the existence and  contents  CONTENT of the personal pro-

23
      tection order.

24
           (e) If the respondent is identified in the pleadings as a

25
      department of corrections employee, notify the state department

26
      of corrections about the existence of the personal protection

27
      order.



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           (f) If the respondent is identified in the pleadings as

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      being a person who may have access to information concerning the

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      petitioner or a child of the petitioner or respondent and that

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      information is contained in friend of the court records, notify

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      the friend of the court for the county in which the information

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      is located about the existence of the personal protection order.

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           (13) The clerk of the court shall inform the petitioner that

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      he or she may take a true copy of the personal protection order

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      to the law enforcement agency designated by the court in subsec-

10
      tion (7) to be immediately entered into the  law enforcement

11
      information network  L.E.I.N.

12
           (14) The law enforcement agency that receives a true copy of

13
      the personal protection order under subsection (12) or (13) shall

14
      immediately,  and  without requiring proof of service, enter the

15
      personal protection order into the  law enforcement information

16
      network, as provided by the L.E.I.N. policy council act of 1974,

17
      1974 PA 163, MCL 28.211 to 28.216  L.E.I.N.

18
           (15) A personal protection order issued under this section

19
      shall be served personally or by registered or certified mail,

20
      return receipt requested, delivery restricted to the addressee at

21
      the last known address or addresses of the individual restrained

22
      or enjoined or by any other manner provided in the Michigan court

23
      rules.  If the individual restrained or enjoined has not been

24
      served, a law enforcement officer or clerk of the court who knows

25
      that a personal protection order exists may, at any time, serve

26
      the individual restrained or enjoined with a true copy of the

27
      order or advise the individual restrained or enjoined about the



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      existence of the personal protection order, the specific conduct

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      enjoined, the penalties for violating the order, and where the

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      individual restrained or enjoined may obtain a copy of the

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      order.  If the respondent is less than 18 years of age, the

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      parent, guardian, or custodian of that individual shall also be

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      served personally or by registered or certified mail, return

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      receipt requested, delivery restricted to the addressee at the

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      last known address or addresses of the parent, guardian, or cus-

 9
      todian of the individual restrained or enjoined.  A proof of

10
      service or proof of oral notice shall be filed with the clerk of

11
      the court issuing the personal protection order.  This subsection

12
      does not prohibit the immediate effectiveness of a personal pro-

13
      tection order or  its  immediate enforcement under 
   subsections

14
      SUBSECTION (18)  and  OR (19).

15
           (16) The clerk of the court shall immediately notify the law

16
      enforcement agency that received the personal protection order

17
      under subsection (12) or (13) if either of the following occurs:

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           (a) The clerk of the court has received proof that the indi-

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      vidual restrained or enjoined has been served.

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           (b) The personal protection order is rescinded, modified, or

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      extended by court order.

22
           (17) The law enforcement agency that receives information

23
      under subsection (16) shall enter the information or cause the

24
      information to be entered into the  law enforcement information

25
      network as provided by the L.E.I.N. policy council act of 1974,

26
      1974 PA 163, MCL 28.211 to 28.216  L.E.I.N.





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           (18) Subject to subsection (19), a personal protection order

 2
      is immediately enforceable anywhere in this state by any law

 3
      enforcement agency that has received a true copy of the order, is

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      shown a copy of it, or has verified its existence on the  law

 5
      enforcement information network as provided by the

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      L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to

 7
      28.216  L.E.I.N.

 8
           (19) If the individual restrained or enjoined has not been

 9
      served, the law enforcement agency or officer responding to a

10
      call alleging a violation of a personal protection order shall

11
      serve the individual restrained or enjoined with a true copy of

12
      the order or advise the individual restrained or enjoined about

13
      the existence of the personal protection order, the specific con-

14
      duct enjoined, the penalties for violating the order, and where

15
      the individual restrained or enjoined may obtain a copy of the

16
      order.  The law enforcement officer shall enforce the personal

17
      protection order and immediately enter or cause to be entered

18
      into the  law enforcement information network  L.E.I.N. that the

19
      individual restrained or enjoined has actual notice of the per-

20
      sonal protection order.  The law enforcement officer also shall

21
      file a proof of service or proof of oral notice with the clerk of

22
      the court issuing the personal protection order.  If the individ-

23
      ual restrained or enjoined has not received notice of the per-

24
      sonal protection order, the individual restrained or enjoined

25
      shall be given an opportunity to comply with the personal protec-

26
      tion order before the law enforcement officer makes a custodial

27
      arrest for violation of the personal protection order.   The



   05225'01 b                                  10

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      failure  FAILURE to immediately comply with the personal

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      protection order  shall be  IS grounds for an immediate custodial

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      arrest.  This subsection does not preclude an arrest under

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      section 15 or 15a of chapter IV of the code of criminal proce-

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      dure, 1927 PA 175, MCL 764.15 and 764.15a, or a proceeding under

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      section 14 of chapter XIIA of THE PROBATE CODE OF 1939, 1939 PA

 7
      288, MCL 712A.14.

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           (20) An individual  who is  17 years of age or more  and

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      who refuses or fails to comply with a personal protection order

10
      issued under this section is subject to the criminal contempt

11
      powers of the court and, if found guilty of criminal contempt,

12
      shall be imprisoned for not more than 93 days and may be fined

13
      not more than $500.00.  An individual  who is  less than 17 years

14
      of age  and  who refuses or fails to comply with a personal pro-

15
      tection order issued under this section is subject to the dispo-

16
      sitional alternatives listed in section 18 of chapter XIIA of THE

17
      PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.18.  The criminal

18
      penalty provided for under this section may be imposed in addi-

19
      tion to any penalty that may be imposed for any other criminal

20
      offense arising from the same conduct.

21
           (21) An individual who knowingly and intentionally makes a

22
      false statement to the court in support of his or her petition

23
      for a personal protection order is subject to the contempt powers

24
      of the court.

25
           (22) A personal protection order issued under this section

26
      is also enforceable under chapter XIIA of THE PROBATE CODE OF

27
      1939, 1939 PA 288, MCL 712A.1 to  712A.31  712A.32, and



   05225'01 b                                  11

 1
      section 15b of chapter IV of the code of criminal procedure, 1927

 2
      PA 175, MCL 764.15b.

 3
           (23) A personal protection order issued under this section

 4
      may enjoin or restrain an individual from purchasing or possess-

 5
      ing a firearm.

 6
           (24) A personal protection order issued under this section

 7
      is also enforceable under chapter 17.

 8
           (25) A court shall not issue a personal protection order

 9
      that restrains or enjoins conduct described in subsection (1) if

10
      either of the following applies:

11
           (a) The respondent is the unemancipated minor child of the

12
      petitioner.

13
           (b) The petitioner is the unemancipated minor child of the

14
      respondent.

15
           (26) If the respondent is less than 18 years of age, issu-

16
      ance of a personal protection order under this section is subject

17
      to chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

18
      712A.1 to 712A.32.

19
           (27) A personal protection order that is issued  prior to

20
      the effective date of the amendatory act that added this

21
      subsection  BEFORE MARCH 1, 1999 is not invalid on the ground

22
      that it does not comply with 1 or more of the requirements added

23
      by  that amendatory act  1998 PA 476.

24
           (28) A court shall not issue a personal protection order

25
      under this section if the petitioner is a prisoner.  If a per-

26
      sonal protection order is issued in violation of this subsection,





   05225'01 b                                  12

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      a court shall rescind the personal protection order upon

 2
      notification and verification that the petitioner is a prisoner.

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           (29) As used in this section:

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           (a) "Federal law enforcement officer" means an officer or

 5
      agent employed by a law enforcement agency of the United States

 6
      government whose primary responsibility is the enforcement of

 7
      laws of the United States.

 8
           (B) "L.E.I.N."  MEANS THE LAW ENFORCEMENT INFORMATION NET-

 9
      WORK ADMINISTERED UNDER THE L.E.I.N. POLICY COUNCIL ACT OF 1974,

10
      1974 PA 163, MCL 28.211 TO 28.216.

11
           (C)  (b)  "Personal protection order" means an injunctive

12
      order issued by circuit court or the family division of circuit

13
      court restraining or enjoining conduct prohibited under section

14
      411h or 411i of the Michigan penal code, 1931 PA 328, MCL

15
      750.411h and 750.411i.

16
           (D)  (c)  "Prisoner" means a person subject to incarcera-

17
      tion, detention, or admission to a prison who is accused of, con-

18
      victed of, sentenced for, or adjudicated delinquent for viola-

19
      tions of federal, state, or local law or the terms and conditions

20
      of parole, probation, pretrial release, or a diversionary

21
      program.

22
           Enacting section 1.  This amendatory act does not take

23
      effect unless all of the following bills of the 91st Legislature

24
      are enacted into law:

25
           (a) Senate Bill No. _____ or House Bill No. 5299(request

26
      no. 05225'01 a).





   05225'01 b                                  13

 1
           (b) Senate Bill No. _____ or House Bill No. 5301  (request

 2
      no. 05225'01 c).

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           (c) Senate Bill No. _____ or House Bill No. 5302  (request

 4
      no. 05225'01 d).

 5
           (d) Senate Bill No. _____ or House Bill No. 5303  (request

 6
      no. 05225'01 e).

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           (e) Senate Bill No. _____ or House Bill No. 5304  (request

 8
      no. 05225'01 f).

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           (f) Senate Bill No. _____ or House Bill No. 5305  (request

10
      no. 05225'01 g).

11
           (g) Senate Bill No. _____ or House Bill No. 5306  (request

12
      no. 05225'01 h).
































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