September 5, 2006, Introduced by Reps. Casperson, Schuitmaker, Baxter, Emmons, Moore, Shaffer, Elsenheimer and Farhat and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2976.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2976. (1) Except as provided in subsection (23), a
school, after approval by the governing body of the school, may
commence an action in the circuit court requesting the issuance of
a personal protection order to restrain or enjoin an individual
from doing 1 or more of the following:
(a) Entering on or coming within a stated distance from school
property.
(b) Coming within a stated distance from a route traveled by 1
or more students of the school in going to or from school.
(c) Coming within a stated distance from a school bus stop.
(d) Talking or otherwise communicating, or attempting to talk
or otherwise communicate, with a student of the school while the
student is going to or from school.
(2) A court shall issue a personal protection order under this
section if the court determines that the complaint filed under
subsection (1) alleges facts that show that the respondent has, on
or near school property or in the proximity of a student of the
school while the student was going to or from school, committed an
act that constitutes a listed offense as that term is defined in
section 2 of the sex offenders registration act, 1994 PA 295, MCL
28.722.
(3) A court shall not deny a request for a personal protection
order under this section solely because the respondent has not been
charged with or convicted of an offense for the conduct alleged in
the complaint or because there is no police report related to the
conduct alleged in the complaint.
(4) If a court determines that a personal protection order is
warranted under this section and that 1 or more of the following
conditions apply, the court may, in its discretion, tailor the
order as necessary to balance the rights of the respondent and the
safety and welfare of the school's students:
(a) The respondent is a student of the school.
(b) The respondent is a parent of a student of the school.
(c) The respondent is a registered voter in this state and his
or her polling place is located on school property.
(5) If a court denies a request for a personal protection
order under this section, it shall immediately state in writing the
specific reasons for the denial. If a hearing is held and the court
denies a request for a personal protection order under this
section, the court shall also immediately state on the record the
specific reasons for its denial.
(6) A personal protection order is effective and immediately
enforceable when signed by a judge.
(7) The court shall designate a law enforcement agency to be
responsible for entering the personal protection order into the law
enforcement information network as provided by the C.J.I.S. policy
council act, 1974 PA 163, MCL 28.211 to 28.215.
(8) A personal protection order issued under this section
shall include all of the following, to the extent practicable in a
single document:
(a) A statement that the personal protection order has been
entered to restrain or enjoin conduct listed in the order and that
violation of the personal protection order will subject the
respondent to 1 of the following:
(i) If the respondent is 17 years of age or older, immediate
arrest and the civil and criminal contempt powers of the court,
and, if found guilty of criminal contempt, imprisonment for not
more than 93 days and a fine of not more than $500.00.
(ii) If the respondent is less than 17 years of age, immediate
apprehension or being taken into custody and the dispositional
alternatives listed in section 18 of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.18.
(b) A statement that the personal protection order is
effective and immediately enforceable when signed by a judge.
(c) A statement of the conduct enjoined.
(d) A clearly stated expiration date.
(e) A statement that the personal protection order is
enforceable by any appropriate law enforcement agency.
(f) The law enforcement agency designated by the court to
enter the personal protection order into the law enforcement
information network.
(g) If the order is issued under subsection (9), a statement
that the respondent may file a motion to modify or rescind the
personal protection order and request a hearing within 14 days
after the respondent is served with or receives actual notice of
the order, and that motion forms and filing instructions are
available from the clerk of the court.
(9) If it clearly appears from specific facts contained in a
verified complaint, written motion, or affidavit that immediate and
irreparable injury, loss, or damage will result from the delay
required to give notice of a request for a personal protection
order under this section or that giving notice will itself
precipitate adverse action before a personal protection order can
be issued, a personal protection order shall be issued under this
section without written or oral notice to the respondent. A
personal protection order issued under this subsection is valid for
not less than 182 days.
(10) A respondent may file a motion to modify or rescind a
personal protection order issued under subsection (9) and request a
hearing under the Michigan court rules. A motion under this
subsection shall be filed within 14 days after the order is served
or after the respondent receives actual notice of the personal
protection order unless good cause is shown for filing the motion
later. The court shall schedule a hearing on the motion within 14
days after the motion is filed.
(11) The clerk of a court that issues a personal protection
order under this section shall do both of the following immediately
on issuance and without requiring proof of service on the
respondent:
(a) File a true copy of the personal protection order with the
law enforcement agency designated in the order.
(b) Provide the petitioner with 2 or more true copies of the
personal protection order.
(12) The clerk of a court that issues a personal protection
order under this section shall inform the petitioner that he or she
may take a true copy of the personal protection order to the law
enforcement agency designated in the order for immediate entry into
the law enforcement information network.
(13) A law enforcement agency that receives a true copy of a
personal protection order under subsection (11) or (12) shall
immediately and without requiring proof of service enter the
personal protection order into the law enforcement information
network as provided by the C.J.I.S. policy council act, 1974 PA
163, MCL 28.211 to 28.215.
(14) A personal protection order issued under this section
shall be served personally; by registered or certified mail, return
receipt requested, delivery restricted to the addressee at the last
known address or addresses of the respondent; or by any other
method allowed by the Michigan court rules. If the respondent has
not been served, a law enforcement officer or clerk of the court
who knows that a personal protection order exists may, at any time,
serve the respondent with a true copy of the order or advise the
respondent about the existence of the personal protection order,
the specific conduct enjoined, the penalties for violating the
order, and where the respondent may obtain a copy of the order. If
the respondent is less than 18 years of age, the parent, guardian,
or custodian of the respondent shall also be served personally; by
registered or certified mail, return receipt requested, delivery
restricted to the addressee at the last known address or addresses
of the parent, guardian, or custodian; or by any other method
allowed by the Michigan court rules. A proof of service or proof of
oral notice shall be filed with the clerk of the court that issued
the personal protection order. This subsection does not prohibit
the immediate effectiveness of a personal protection order or its
immediate enforcement under subsections (17) and (18).
(15) The clerk of a court that issued a personal protection
order under this section shall immediately notify the law
enforcement agency that received the personal protection order
under subsection (11) or (12) if either of the following occurs:
(a) The clerk receives proof that the respondent has been
served.
(b) The personal protection order is rescinded, modified, or
extended by court order.
(16) A law enforcement agency that receives information under
subsection (15) shall enter the information or cause the
information to be entered into the law enforcement information
network as provided by the C.J.I.S. policy council act, 1974 PA
163, MCL 28.211 to 28.215.
(17) Subject to subsection (18), a personal protection order
is immediately enforceable by any law enforcement agency that has
received a true copy of the order, is shown a copy of it, or has
verified its existence on the law enforcement information network
as provided by the C.J.I.S. policy council act, 1974 PA 163, MCL
28.211 to 28.215.
(18) If the respondent has not been served, a law enforcement
agency or officer who responds to a call alleging a violation of a
personal protection order issued under this section shall serve the
respondent with a true copy of the order or advise the respondent
about the existence of the personal protection order, the specific
conduct enjoined, the penalties for violating the order, and where
the respondent may obtain a copy of the order. The law enforcement
officer shall enforce the personal protection order and immediately
enter or have entered into the law enforcement information network
that the respondent has actual notice of the personal protection
order. The law enforcement officer also shall file a proof of
service or proof of oral notice with the clerk of the court that
issued the personal protection order. If the respondent has not
received notice of the personal protection order, the respondent
shall be given an opportunity to comply with the personal
protection order before the law enforcement officer makes a
custodial arrest for violation of the personal protection order.
Failure to immediately comply with the personal protection order is
grounds for an immediate custodial arrest. This subsection does not
preclude an arrest under section 15 or 15a of chapter IV of the
code of criminal procedure, 1927 PA 175, MCL 764.15 and 764.15a, or
a proceeding under section 14 of chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.14.
(19) An individual who is 17 years of age or older and who
refuses or fails to comply with a personal protection order issued
under this section is subject to the criminal contempt powers of
the court and, if found guilty, shall be imprisoned for not more
than 93 days and may be fined not more than $500.00. An individual
who is less than 17 years of age and who refuses or fails to comply
with a personal protection order issued under this section is
subject to the dispositional alternatives listed in section 18 of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18.
A criminal penalty may be imposed under this section in addition to
any penalty that may be imposed for another criminal offense
arising from the same conduct.
(20) An individual who knowingly and intentionally makes a
false statement to a court in support of his or her petition for a
personal protection order is subject to the contempt powers of the
court.
(21) A personal protection order issued under this section is
also enforceable under chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.1 to 712A.32, and section 15b of chapter IV
of the code of criminal procedure, 1927 PA 175, MCL 764.15b.
(22) A personal protection order issued under this section is
also enforceable under chapter 17.
(23) A court shall not issue a personal protection order under
this section if the respondent is less than 10 years of age.
(24) If the respondent is less than 18 years of age, issuance
of a personal protection order under this section is subject to
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1
to 712A.32.
(25) As used in this section, "school" and "school property"
mean those terms as defined in section 33 of the sex offenders
registration act, 1994 PA 295, MCL 28.733.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6404(request no.
06887'06 a).
(b) Senate Bill No.____ or House Bill No. 6405(request no.
06887'06 b).
(c) Senate Bill No.____ or House Bill No. 6406(request no.
06887'06 c).