June 5, 2008, Introduced by Rep. Calley and referred to the Committee on Judiciary.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 3 of chapter XI (MCL 711.3), as added by 2000
PA 111.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 3. (1) In a proceeding under section 1 of this chapter,
the court may order for good cause that no publication of the
proceeding take place and that the record of the proceeding be
confidential. Good cause under this section includes, but is not
limited to, evidence that publication or availability of a record
of the proceeding could place the petitioner or another individual
in physical danger, such as evidence that the petitioner or another
individual has been the victim of stalking or an assaultive crime.
(2) Evidence under subsection (1) of the possibility of
physical danger must include the petitioner's or the endangered
individual's sworn statement stating the reason for the fear of
physical danger if the record is published or otherwise available.
If evidence is offered of stalking or an assaultive crime, the
court shall not require proof of an arrest or prosecution for that
crime to reach a finding of good cause under subsection (1).
(3) If a petition under section 1 of this chapter seeks to
change the name of a minor and the parental rights of a
noncustodial parent of the minor have been relinquished by consent
or release under chapter X or have been terminated under section
37, 39, or 51 of chapter X or under chapter XIIA, the court shall
not order publication under section 1(1) of this chapter.
(4) (3)
A court officer, employee, or agent
who divulges,
uses, or publishes, beyond the scope of his or her duties with the
court, information from a record made confidential under this
section is guilty of a misdemeanor. This subsection does not apply
to a disclosure under a court order.
(5) (4)
A confidential record created under
this section is
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246.
(6) (5)
As used in this section,
"stalking" means that term as
defined in sections 411h and 411i of the Michigan penal code, 1931
PA 328, MCL 750.411h and 750.411i.