HOUSE BILL No. 6463

 

 

October 17, 2018, Introduced by Reps. Howrylak, LaGrand, Brann, LaSata, Calley, Pagel, Howell, Rabhi, Geiss, Sowerby, Moss, Sabo, Cambensy, Hoadley, Wittenberg, Leutheuser, Ellison, Hammoud and Garrett and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending sections 9c of chapter IV and 22 of chapter XVI (MCL

 

764.9c and 776.22), section 9c of chapter IV as amended by 2001 PA

 

208 and section 22 of chapter XVI as amended by 2005 PA 106.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER IV

 

     Sec. 9c. (1) Except as provided in subsection (3), if a police

 

officer has arrested a person without a warrant for a misdemeanor

 

or ordinance violation for which the maximum permissible penalty

 

does not exceed 93 days in jail or a fine, or both, instead of

 

taking the person before a magistrate and promptly filing a

 

complaint as provided in section 13 of this chapter, the officer

may issue to and serve upon the person an appearance ticket as

 

defined in section 9f of this chapter and release the person from

 

custody.

 

     (2) A public servant other than a police officer, who is

 

specially authorized by law or ordinance to issue and serve

 

appearance tickets with respect to a particular class of offenses

 

of less than felony grade, may issue and serve upon a person an

 

appearance ticket if the public servant has reasonable cause to

 

believe that the person has committed an offense.

 

     (3) An appearance ticket shall must not be issued to any of

 

the following:

 

     (a) A person arrested for a violation of section 81 or 81a of

 

the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a

 

local ordinance substantially corresponding to section 81 of the

 

Michigan penal code, 1931 PA 328, MCL 750.81, if the victim of the

 

assault is the offender's spouse, former spouse, an individual who

 

has had a child in common with the offender, an individual who has

 

or has had a dating relationship with the offender, or an

 

individual residing or having resided in the same household as the

 

offender. As used in this subdivision, "dating relationship" means

 

frequent, intimate associations primarily characterized by the

 

expectation of affectional involvement. This term does not include

 

a casual relationship or an ordinary fraternization between 2

 

individuals in a business or social context.

 

     (b) A person subject to detainment for violating a personal

 

protection order.

 

     (c) A person subject to a mandatory period of confinement,

condition of bond, or other condition of release until he or she

 

has served that period of confinement or meets that requirement of

 

bond or other condition of release.

 

                             CHAPTER XVI

 

     Sec. 22. (1) Each police agency in this state shall, by

 

January 1, 1995, develop, adopt, and implement written policies for

 

police officers responding to domestic violence calls. The policies

 

shall must reflect that domestic violence is criminal conduct.

 

     (2) Each police agency shall consult with the prosecuting

 

attorney and with an area shelter for victims of domestic violence

 

in the development, implementation, including training, and

 

evaluation of the policies and standards.

 

     (3) The policies shall must address, but not be limited to

 

addressing, all of the following:

 

     (a) Procedures for conducting a criminal investigation with

 

specific standards for misdemeanor and felony arrests.

 

     (b) Procedures for making a criminal arrest. The procedures

 

shall must emphasize all of the following:

 

     (i) In most circumstances, an officer should arrest and take

 

an individual into custody if the officer has probable cause to

 

believe the individual is committing or has committed domestic

 

violence and his or her actions constitute a crime.

 

     (ii) When the officer has probable cause to believe spouses,

 

former spouses, individuals who have had a child in common,

 

individuals who have or have had a dating relationship, or other

 

individuals who reside together or formerly resided together are

 

committing or have committed crimes against each other, the

officer, when determining whether to make an arrest of 1 or both

 

individuals, should consider the intent of this section to protect

 

victims of domestic violence, the degree of injury inflicted on the

 

individuals involved, the extent to which the individuals have been

 

put in fear of physical injury to themselves or other members of

 

the household, and any history of domestic violence between the

 

individuals, if that history can reasonably be ascertained by the

 

officer. In addition, the officer should not arrest an individual

 

if the officer has reasonable cause to believe the individual was

 

acting in lawful self-defense or in lawful defense of another

 

individual.

 

     (iii) A police officer's decision as to whether to arrest an

 

individual should not be based solely on the consent of the victim

 

to any subsequent prosecution or on the relationship of the

 

individuals involved in the incident.

 

     (iv) A police officer's decision not to arrest an individual

 

should not be based solely upon the absence of visible indications

 

of injury or impairment.

 

     (c) Procedures for denial of interim bond, as provided in 1961

 

PA 44, MCL 780.581 to 780.588.

 

     (c) (d) Procedures for verifying a personal protection order

 

issued under section 2950 or 2950a of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.2950 and 600.2950a.

 

     (d) (e) Procedures for making an arrest for a violation of a

 

personal protection order.

 

     (e) (f) Procedures for enforcing a valid foreign protection

 

order.

     (f) (g) Procedures for providing or arranging for emergency

 

assistance to victims including, but not limited to, medical care,

 

transportation to a shelter, or remaining at the scene of an

 

alleged incident of domestic violence for a reasonable time until,

 

in the reasonable judgment of the police officer, the likelihood of

 

further imminent violence has been eliminated.

 

     (g) (h) Procedures for informing the victim of community

 

services and legal options that are available under section 15c of

 

chapter IV.

 

     (h) (i) Procedures for preparing a written report, whether or

 

not an arrest is made.

 

     (i) (j) Training of peace officers, dispatchers, and

 

supervisors.

 

     (j) (k) Discipline for noncompliance with the policy.

 

     (k) (l) Annual evaluations of the policy.

 

     (4) The local policies developed, adopted, and implemented

 

under this section shall must be in writing and shall must be

 

available to the public upon request.

 

     (5) 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) "Foreign protection order" means that term as defined in

 

section 2950h of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.2950h.

     (c) "Valid foreign protection order" means a foreign

 

protection order that satisfies the conditions for validity

 

provided in section 2950i of the revised judicature act of 1961,

 

1961 PA 236, MCL 600.2950i.

 

     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.____ or House Bill No. 6461 (request no.

 

03481'17) of the 99th Legislature is enacted into law.