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SENATE BILL No. 500

June 28, 2017, Introduced by Senators BIEDA, HERTEL, JONES, KNEZEK, ROCCA and ANANICH and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 2950 (MCL 600.2950), as amended by 2016 PA 296.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2950. (1) Except as provided in subsections (27) and

(28), by commencing an independent action to obtain relief under

this section, by joining a claim to an action, or by filing a

motion in an action in which the petitioner and the individual to

be restrained or enjoined are parties, an individual may petition

the family division of circuit court to enter a personal protection

order to restrain or enjoin a spouse, a former spouse, an

individual with whom he or she has had a child in common, an

individual with whom he or she has or has had a dating

relationship, or an individual residing or having resided in the

same household as the petitioner from doing 1 or more of the

following:

(a) Entering onto premises.

(b) Assaulting, attacking, beating, molesting, or wounding a

named individual.

individual.

(d) Removing minor children from the individual having legal

custody of the children, except as otherwise authorized by a

custody or parenting time order issued by a court of competent

jurisdiction.

(e) Purchasing or possessing a firearm.

(f) Interfering with petitioner's efforts to remove

petitioner's children or personal property from premises that are

solely owned or leased by the individual to be restrained or

enjoined.

(g) Interfering with petitioner at petitioner's place of

employment or education or engaging in conduct that impairs

petitioner's employment or educational relationship or environment.

(h) Having access to information in records concerning a minor

child of both petitioner and respondent that will inform respondent

about the address or telephone number of petitioner and

petitioner's minor child or about petitioner's employment address.

(i) Engaging in conduct that is prohibited under section 411h

or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and

750.411i.

(j) Any of the following with the intent to cause the

petitioner mental distress or to exert control over the petitioner

with respect to an animal in which the petitioner has an ownership

interest:

(i) Injuring, killing, torturing, neglecting, or threatening

to injure, kill, torture, or neglect the animal. A restraining

order that enjoins conduct under this subparagraph does not

prohibit the lawful killing or other use of the animal as described

in section 50(11) 50(12) of the Michigan penal code, 1931 PA 328,

MCL 750.50.

(ii) Removing the animal from the petitioner's possession.

(iii) Retaining or obtaining possession of the animal.

(k) Any other specific act or conduct that imposes upon or

interferes with personal liberty or that causes a reasonable

apprehension of violence.

(2) If the respondent is a person who is issued a license to

carry a concealed weapon and is required to carry a weapon as a

condition of his or her employment, a police officer licensed or

certified by the Michigan commission on law enforcement standards

act, 1965 PA 203, MCL 28.601 to 28.615, a sheriff, a deputy sheriff

or a member of the Michigan department of state police, a local

corrections officer, department of corrections employee, or a

federal law enforcement officer who carries a firearm during the

normal course of his or her employment, the petitioner shall notify

the court of the respondent's occupation prior to the issuance of

the personal protection order. This subsection does not apply to a

petitioner who does not know the respondent's occupation.

(3) A petitioner may omit his or her address of residence from

documents filed with the court under this section. If a petitioner

omits his or her address of residence, the petitioner shall provide

the court with a mailing address.

(4) The court shall issue a personal protection order under

this section if the court determines that there is reasonable cause

to believe that the individual to be restrained or enjoined may

commit 1 or more of the acts listed in subsection (1). In

determining whether reasonable cause exists, the court shall

consider all of the following:

(a) Testimony, documents, or other evidence offered in support

of the request for a personal protection order.

(b) Whether the individual to be restrained or enjoined has

previously committed or threatened to commit 1 or more of the acts

listed in subsection (1).

(5) A court shall not issue a personal protection order that

restrains or enjoins conduct described in subsection (1)(a) if all

of the following apply:

(a) The individual to be restrained or enjoined is not the

spouse of the moving party.

(b) The individual to be restrained or enjoined or the parent,

guardian, or custodian of the minor to be restrained or enjoined

has a property interest in the premises.

a minor petitioner has no property interest in the premises.

(6) A court shall not refuse to issue a personal protection

order solely due to the absence of any of the following:

(a) A police report.

(b) A medical report.

(d) Physical signs of abuse or violence.

(7) If the court refuses to grant a personal protection order,

it shall state immediately in writing the specific reasons it

refused to issue a personal protection order. If a hearing is held,

the court shall also immediately state on the record the specific

reasons it refuses to issue a personal protection order.

(8) A personal protection order may not be made mutual.

Correlative separate personal protection orders are prohibited

unless both parties have properly petitioned the court under

subsection (1).

(9) A personal protection order is effective and immediately

enforceable anywhere in this state when signed by a judge. Upon

service, a personal protection order may also be enforced by

another state, an Indian tribe, or a territory of the United

States.

(10) The court shall designate the law enforcement agency that

is 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.

(11) A personal protection order must include all of the

following, and to the extent practicable the following shall must

be contained in a single form:

(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

individual restrained or enjoined to 1 or more of the following:

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

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

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

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

more than $500.00.

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

apprehension or being taken into custody, and subject to the

dispositional alternatives listed in section 18 of chapter XIIA of

the probate code of 1939, 1939 PA 288, MCL 712A.18.

(iii) If the respondent violates the personal protection order

in a jurisdiction other than this state, the respondent is subject

to the enforcement procedures and penalties of the state, Indian

tribe, or United States territory under whose jurisdiction the

violation occurred.

(b) A statement that the personal protection order is

effective and immediately enforceable anywhere in this state when

signed by a judge, and that, upon service, a personal protection

order also may be enforced by another state, an Indian tribe, or a

territory of the United States.

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

order.

(e) A statement that the personal protection order is

enforceable anywhere in Michigan by any 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) For ex parte orders, a statement that the individual

restrained or enjoined may file a motion to modify or rescind the

personal protection order and request a hearing within 14 days

after the individual restrained or enjoined has been served or has

received actual notice of the order and that motion forms and

filing instructions are available from the clerk of the court.

(12) A court shall issue an ex parte personal protection order

without written or oral notice to the individual restrained or

enjoined or his or her attorney if it clearly appears from specific

facts shown by verified complaint, written motion, or affidavit

that immediate and irreparable injury, loss, or damage will result

from the delay required to effectuate notice or that the notice

will itself precipitate adverse action before a personal protection

order can be issued.

(13) A personal protection order issued under subsection (12)

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

enjoined may file a motion to modify or rescind the personal

protection order and request a hearing under the Michigan court

rules. The motion to modify or rescind the personal protection

order must be filed within 14 days after the order is served or

after the individual restrained or enjoined has received actual

notice of the personal protection order unless good cause is shown

for filing the motion after the 14 days have elapsed.

(14) Except as otherwise provided in this subsection, the

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

the ex parte personal protection order within 14 days after the

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

person described in subsection (2) and the personal protection

order prohibits him or her from purchasing or possessing a firearm,

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

rescind the ex parte personal protection order within 5 days after

the filing of the motion to modify or rescind.

(15) The clerk of the court that issues a personal protection

order shall do all of the following immediately upon issuance and

without requiring a proof of service on the individual restrained

or enjoined:

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

law enforcement agency designated by the court in the personal

protection order.

(b) Provide the petitioner with 2 or more true copies of the

personal protection order.

enforcement officer, notify the officer's employing law enforcement

agency, if known, about the existence of the personal protection

order.

(d) If the personal protection order prohibits respondent from

purchasing or possessing a firearm, notify the concealed weapon

licensing board in respondent's county of residence about the

existence and contents of the personal protection order.

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

department of corrections employee, notify the state department of

corrections about the existence of the personal protection order.

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

a person who may have access to information concerning the

petitioner or a child of the petitioner or respondent and that

information is contained in friend of the court records, notify the

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

located about the existence of the personal protection order.

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

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

the law enforcement agency designated by the court under subsection

(10) to be immediately entered into the law enforcement information

network.

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

the personal protection order under subsection (15) or (16) 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.

(18) A personal protection order issued under this section

must be served personally or by registered or certified mail,

return receipt requested, delivery restricted to the addressee at

the last known address or addresses of the individual restrained or

enjoined or by any other manner provided in the Michigan court

rules. If the individual restrained or enjoined 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

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

advise the individual restrained or enjoined about the existence of

the personal protection order, the specific conduct enjoined, the

penalties for violating the order, and where the individual

restrained or enjoined may obtain a copy of the order. If the

respondent is less than 18 years of age, the parent, guardian, or

custodian of that individual must also be served personally or 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 of the individual restrained

or enjoined. A proof of service or proof of oral notice must be

filed with the clerk of the court issuing the personal protection

order. This subsection does not prohibit the immediate

effectiveness of a personal protection order or its immediate

enforcement under subsections (21) and (22).

(19) The clerk of the court shall immediately notify the law

enforcement agency that received the personal protection order

under subsection (15) or (16) if either of the following occurs:

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

individual restrained or enjoined has been served.

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

extended by court order.

(20) The law enforcement agency that receives information

under subsection (19) 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.

(21) Subject to subsection (22), a personal protection order

is immediately enforceable anywhere in this state 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.

(22) If the individual restrained or enjoined has not been

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

alleging a violation of a personal protection order shall serve the

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

advise the individual restrained or enjoined about the existence of

the personal protection order, the specific conduct enjoined, the

penalties for violating the order, and where the individual

restrained or enjoined may obtain a copy of the order. The law

enforcement officer shall enforce the personal protection order and

immediately enter or cause to be entered into the law enforcement

information network that the individual restrained or enjoined 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 issuing the personal protection order.

If the individual restrained or enjoined has not received notice of

the personal protection order, the individual restrained or

enjoined 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.

The 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.

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

refuses or fails to comply with a personal protection order 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.

The criminal penalty provided for under this section may be imposed

in addition to a penalty that may be imposed for another criminal

offense arising from the same conduct.

(24) An individual who knowingly and intentionally makes a

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

a personal protection order is subject to the contempt powers of

the court.

(25) 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.

(26) A personal protection order issued under this section is

also enforceable under chapter 17.

(27) A court shall not issue a personal protection order that

restrains or enjoins conduct described in subsection (1) if any of

the following apply:

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

petitioner.

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

respondent.

(28) 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.

(29) A personal protection order that is issued before March

1, 1999 is not invalid on the ground that it does not comply with 1

or more of the requirements added by 1998 PA 477.

(30) For purposes of subsection (1)(j), a petitioner has an

ownership interest in an animal if 1 or more of the following are

applicable:

(a) The petitioner has a right of property in the animal.

(b) The petitioner keeps or harbors the animal.

(d) The petitioner permits the animal to remain on or about

premises occupied by the petitioner.

(31) As used in this section:

(a) "Dating relationship" means frequent, intimate

associations primarily characterized by the expectation of

affectional involvement. Dating relationship does not include a

casual relationship or an ordinary fraternization between 2

individuals in a business or social context.

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

agent employed by a law enforcement agency of the United States

government whose primary responsibility is the enforcement of laws

of the United States.

Michigan penal code, 1931 PA 328, MCL 750.50.

(d) "Personal protection order" means an injunctive order

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

restraining or enjoining activity and individuals listed in

subsection (1).

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 496

of the 99th Legislature is enacted into law.