SENATE BILL No. 99

 

 

February 7, 2019, Introduced by Senator JOHNSON and referred to the Committee on Judiciary and Public Safety.

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 15b of chapter IV (MCL 764.15b), as amended by

 

2001 PA 209.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER IV

 

     Sec. 15b. (1) A peace officer, without a warrant, may arrest

 

and take into custody an individual when the peace officer has or

 

receives positive information that another peace officer has

 

reasonable cause to believe all of the following apply:

 

     (a) A personal protection order has been issued under section

 

2950 or 2950a of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.2950 and 600.2950a, or is a valid foreign protection order.

 

     (b) The individual named in the personal protection order is

violating or has violated the order. An individual is violating or

 

has violated the order if that individual commits 1 or more of the

 

following acts the order specifically restrains or enjoins the

 

individual from committing:

 

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

 

named individual.

 

     (ii) Removing minor children from an 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.

 

     (iii) Entering onto premises.

 

     (iv) Engaging in conduct prohibited under section 411h or 411i

 

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

 

     (v) Threatening to kill or physically injure a named

 

individual.

 

     (vi) Purchasing or possessing a firearm.

 

     (vii) 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.

 

     (viii) 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.

 

     (ix) Any other act or conduct specified by the court in the

 

personal protection order.

 

     (c) If the personal protection order was issued under section

 

2950 or 2950a of the revised judicature act of 1961, 1961 PA 236,

MCL 600.2950 and 600.2950a, the personal protection order states on

 

its face that a violation of its terms subjects the individual to

 

immediate arrest and either of the following:

 

     (i) If the individual restrained or enjoined is 17 18 years of

 

age or older, to criminal contempt of court and, if found guilty of

 

criminal contempt, to imprisonment for not more than 93 days and to

 

a fine of not more than $500.00.

 

     (ii) If the individual restrained or enjoined is less than 17

 

18 years of age, to the dispositional alternatives listed in

 

section 18 of chapter XIIA of the probate code of 1939, 1939 PA

 

288, MCL 712A.18.

 

     (2) An individual arrested under this section shall must be

 

brought before the family division of the circuit court having

 

jurisdiction in the cause within 24 hours after arrest to answer to

 

a charge of contempt for violating the personal protection order,

 

at which time the court shall do each of the following:

 

     (a) Set a time certain for a hearing on the alleged violation

 

of the personal protection order. The hearing shall must be held

 

within 72 hours after arrest, unless extended by the court on the

 

motion of the arrested individual or the prosecuting attorney.

 

     (b) Set a reasonable bond pending a hearing of the alleged

 

violation of the personal protection order.

 

     (c) Notify the prosecuting attorney of the criminal contempt

 

proceeding.

 

     (d) Notify the party who procured the personal protection

 

order and his or her attorney of record, if any, and direct the

 

party to appear at the hearing and give evidence on the charge of

contempt.

 

     (3) In circuits in which the circuit court judge may not be

 

present or available within 24 hours after arrest, an individual

 

arrested under this section shall must be taken before the district

 

court within 24 hours after arrest, at which time the district

 

court shall set bond and order the defendant to appear before the

 

family division of circuit court in the county for a hearing on the

 

charge. If the district court will not be open within 24 hours

 

after arrest, a judge or district court magistrate shall set bond

 

and order the defendant to appear before the circuit court in the

 

county for a hearing on the charge.

 

     (4) If a criminal contempt proceeding for violation of a

 

personal protection order is not initiated by an arrest under this

 

section but is initiated as a result of a show cause order or other

 

process or proceedings, the court shall do all of the following:

 

     (a) Notify the party who procured the personal protection

 

order and his or her attorney of record, if any, and direct the

 

party to appear at the hearing and give evidence on the contempt

 

charge.

 

     (b) Notify the prosecuting attorney of the criminal contempt

 

proceeding.

 

     (5) The family division of circuit court in each county of

 

this state has jurisdiction to conduct contempt proceedings based

 

upon a violation of a personal protection order described in this

 

section issued by the circuit court in any county of this state or

 

upon a violation of a valid foreign protection order. The court of

 

arraignment shall notify the court that issued the personal

protection order or foreign protection order that the issuing court

 

may request that the defendant be returned to that court for

 

violating the personal protection order or foreign protection

 

order. If the court that issued the personal protection order or

 

foreign protection order requests that the defendant be returned to

 

that court to stand trial, the county of the requesting court shall

 

bear the cost of transporting the defendant to that county.

 

     (6) The family division of circuit court has jurisdiction to

 

conduct contempt proceedings based upon a violation of a personal

 

protection order issued pursuant to under section 2(h) of chapter

 

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, by the

 

family division of circuit court in any county of this state or a

 

valid foreign protection order issued against a respondent who is

 

less than 18 years of age at the time of the alleged violation of

 

the foreign protection order in this state. The family division of

 

circuit court that conducts the preliminary inquiry shall notify

 

the court that issued the personal protection order or foreign

 

protection order that the issuing court may request that the

 

respondent be returned to that county for violating the personal

 

protection order or foreign protection order. If the court that

 

issued the personal protection order or foreign protection order

 

requests that the respondent be returned to that court to stand

 

trial, the county of the requesting court shall bear the cost of

 

transporting the respondent to that county.

 

     (7) The prosecuting attorney shall prosecute a criminal

 

contempt proceeding initiated by the court under subsection (2) or

 

initiated by a show cause order under subsection (4), unless the

party who procured the personal protection order retains his or her

 

own attorney for the criminal contempt proceeding or the

 

prosecuting attorney determines that the personal protection order

 

was not violated or that it would not be in the interest of justice

 

to prosecute the criminal contempt violation. If the prosecuting

 

attorney prosecutes the criminal contempt proceeding, the court

 

shall grant an adjournment for not less than 14 days or a lesser

 

period requested if the prosecuting attorney moves for adjournment.

 

If the prosecuting attorney prosecutes the criminal contempt

 

proceeding, the court may dismiss the proceeding upon motion of the

 

prosecuting attorney for good cause shown.

 

     (8) A court shall not rescind a personal protection order,

 

dismiss a contempt proceeding based on a personal protection order,

 

or impose any other sanction for a failure to comply with a time

 

limit prescribed in this section.

 

     (9) As used in this section:

 

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

 

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

 

MCL 600.2950h.

 

     (b) "Personal protection order" means 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, and, unless

 

the context indicates otherwise, includes a valid foreign

 

protection order.

 

     (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 January

 

1, 2021.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 100th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 90.

 

 

 

     (b) Senate Bill No._94.

 

 

 

     (c) Senate Bill No.____ or House Bill No.____ (request no.

 

00172'19).

 

     (d) Senate Bill No. 98.

 

 

 

     (e) Senate Bill No._91.