November 28, 2017, Introduced by Senators WARREN, HOPGOOD, HERTEL, KNEZEK,
ANANICH, BIEDA, JOHNSON, GREGORY, YOUNG and HOOD and referred to the
Committee on Government Operations.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a),
as amended by 2016 PA 296.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2950. (1) Except as otherwise 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.
(c) Threatening to kill or physically injure a named
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 If the
respondent is a person described in
subsection (2), 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) 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 before
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.
(c) The moving party or the parent, guardian, or custodian of
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 because of the absence of any of the following:
(a) A police report.
(b) A medical report.
(c) A report or finding of an administrative agency.
(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 court shall not issue a mutual 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 after
being 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 issuing court shall designate the a law
enforcement
agency
that is responsible for entering the a 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 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, older,
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 imprisonment
for not more than 93
days
and may be fined 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 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
after
being 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.
(c) A statement listing the type or types of conduct enjoined.
(d) A statement that, unless the individual restrained or
enjoined is a person described in subsection (2), the individual
restrained or enjoined must relinquish or sell all firearms that
the individual owns or possesses as required by subsection (23).
(e) (d)
An expiration date stated clearly
on the face of the
order.
(f) (e)
A statement that the personal
protection order is
enforceable
anywhere in Michigan this
state by any law enforcement
agency.
(g) (f)
The name of the law enforcement
agency designated by
the court to enter the personal protection order into the law
enforcement information network.
(h) (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 a 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 A 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 a
motion to modify or rescind
the
ex parte personal protection order within 14 days after the
filing
of the motion to modify or
rescind. is filed. 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.is filed.
(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.
(c) If respondent is identified in the pleadings as a law
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 Notify
the concealed
weapon
licensing board in county
clerk of 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
a 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 allowed by 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 of 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 the 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 that issued the personal
protection order 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 receives 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 a 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 of 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 must 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 restrained or enjoined under a personal
protection order, other than an individual described in subsection
(2), shall do all of the following, as applicable:
(a) If requested to do so by a law enforcement officer,
immediately relinquish to the officer all firearms owned or
possessed by the individual.
(b) If a law enforcement officer does not make a request as
described in subdivision (a), within 24 hours after being served
with the personal protection order, do 1 of the following with
respect to all firearms owned or possessed by the individual:
(i) Relinquish the firearms to a law enforcement agency.
(ii) Sell the firearms to a licensed firearms dealer.
(24) (23)
An individual who is 17 years of
age or more older
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 must 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.
(25) (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.
(26) (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, and chapter 17.
(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.
(c) The respondent is a minor child less than 10 years of age.
(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.
(c) The animal is in the petitioner's care.
(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.
(c) "Neglect" means that term as defined in section 50 of the
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).
Sec. 2950a. (1) Except as provided in subsections (28), (29),
and (31), 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 an individual from engaging in conduct
that is prohibited under section 411h, 411i, or 411s of the
Michigan penal code, 1931 PA 328, MCL 750.411h, 750.411i, and
750.411s.
Relief A court shall not
grant relief under this
subsection
shall not be granted unless the petition alleges facts
that constitute stalking as defined in section 411h or 411i, or
conduct that is prohibited under section 411s, of the Michigan
penal code, 1931 PA 328, MCL 750.411h, 750.411i, and 750.411s.
Relief may be sought and granted under this subsection whether or
not the individual to be restrained or enjoined has been charged or
convicted under section 411h, 411i, or 411s of the Michigan penal
code, 1931 PA 328, MCL 750.411h, 750.411i, and 750.411s, for the
alleged violation.
(2) Except as provided in subsections (28), (29), and (31), 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 an individual from engaging in any of
the following:
(a) One or more of the acts listed in subsection (3), if the
respondent has been convicted of a sexual assault of the
petitioner, or the respondent has been convicted of furnishing
obscene material to the petitioner under section 142 of the
Michigan penal code, 1931 PA 328, MCL 750.142, or a substantially
similar law of the United States, another state, or a foreign
country
or tribal or military law. Relief A court shall grant
relief
under this subdivision shall be
granted if the court
determines that the respondent has been convicted of a sexual
assault of the petitioner or that the respondent was convicted of
furnishing obscene material to the petitioner under section 142 of
the Michigan penal code, 1931 PA 328, MCL 750.142, or a
substantially similar law of the United States, another state, or a
foreign country or tribal or military law.
(b) One or more of the acts listed in subsection (3), if the
petitioner has been subjected to, threatened with, or placed in
reasonable apprehension of sexual assault by the individual to be
enjoined.
Relief A court shall not
grant relief under this
subdivision
shall not be granted unless the petition alleges facts
that demonstrate that the respondent has perpetrated or threatened
sexual assault against the petitioner. Evidence that a respondent
has
furnished obscene material to a minor petitioner constitutes is
evidence that the respondent has threatened sexual assault against
the petitioner. Relief may be sought and granted under this
subdivision regardless of whether the individual to be restrained
or enjoined has been charged with or convicted of sexual assault or
an offense under section 142 of the Michigan penal code, 1931 PA
328, MCL 750.142, or a substantially similar law of the United
States, another state, or a foreign country or tribal or military
law.
(3) The court may restrain or enjoin an individual against
whom a protection order is sought under subsection (2) from 1 or
more of the following:
(a) Entering onto premises.
(b) Threatening to sexually assault, kill, or physically
injure petitioner or a named individual.
(c)
Purchasing If the
respondent is an individual described in
subsection (5), purchasing or possessing a firearm.
(d) Interfering with the petitioner's efforts to remove the
petitioner's children or personal property from premises that are
solely owned or leased by the individual to be restrained or
enjoined.
(e) Interfering with the petitioner at the petitioner's place
of employment or education or engaging in conduct that impairs the
petitioner's employment or educational relationship or environment.
(f) Following or appearing within the sight of the petitioner.
(g) Approaching or confronting the petitioner in a public
place or on private property.
(h) Appearing at the petitioner's workplace or residence.
(i) Entering onto or remaining on property owned, leased, or
occupied by the petitioner.
(j) Contacting the petitioner by telephone.
(k) Sending mail or electronic communications to the
petitioner.
(l) Placing an object on, or delivering an object to, property
owned, leased, or occupied by the petitioner.
(m) Engaging in conduct that is prohibited under section 411s
of the Michigan penal code, 1931 PA 328, MCL 750.411s.
(n) Any other specific act or conduct that imposes upon or
interferes with personal liberty or that causes a reasonable
apprehension of violence or sexual assault.
(4) Section 520j of the Michigan penal code, 1931 PA 328, MCL
750.520j, applies in any hearing on a petition for, a motion to
modify or terminate, or an alleged violation of a personal
protection order requested or issued under subsection (2), except
as follows:
(a)
The written motion and offer of proof shall must be
filed
at least 24 hours before a hearing on a petition to issue a
personal protection order or on an alleged violation of a personal
protection order.
(b)
The written motion and offer of proof shall must be
filed
at the same time that a motion to modify or terminate a personal
protection order is filed.
(5)
If the respondent to a petition under this section is a
person
an individual 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, a 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 before the personal protection order is
issued. This subsection does not apply to a petitioner who does not
know the respondent's occupation.
(6) 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 a mailing address.
(7) If a court issues or refuses to issue a personal
protection order, the court shall immediately state in writing the
specific reasons for issuing or refusing to issue the personal
protection order. If a hearing is held, the court shall also
immediately state on the record the specific reasons for issuing or
refusing to issue a personal protection order.
(8) A court shall not issue a mutual personal protection
order. shall
not be made mutual. Correlative separate personal
protection orders are prohibited unless both parties have properly
petitioned the court under subsection (1) or (2).
(9) A personal protection order is effective and immediately
enforceable
anywhere in this state when after
being signed by a
judge. Upon service, a personal protection order also may be
enforced by another state, an Indian tribe, or a territory of the
United States.
(10) The court that issues a personal protection order shall
designate
the a law enforcement agency that is responsible for
entering the personal protection order into the L.E.I.N.
(11) A personal protection order issued under this section
shall
must include all of the following, to the extent
practicable
in a single form:
(a) A statement that the personal protection order has been
entered to enjoin or restrain 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 older, immediate
arrest and the civil and criminal contempt powers of the court. If
the respondent is found guilty of criminal contempt, he or she
shall
must 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 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 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
after
being signed by a judge, and that upon
on service, a personal
protection order also may be enforced by another state, an Indian
tribe, or a territory of the United States.
(c) A statement listing each type of conduct enjoined.
(d) A statement that unless the individual restrained or
enjoined is an individual described in subsection (5), the
individual restrained or enjoined must relinquish or sell all
firearms that the individual owns or possesses as required by
subsection (23).
(e) (d)
An expiration date stated clearly
on the face of the
order.
(f) (e)
A statement that the personal
protection order is
enforceable
anywhere in Michigan this
state by any law enforcement
agency.
(g) (f)
The name of the law enforcement
agency designated by
the court to enter the personal protection order into the L.E.I.N.
(h) (g)
For an ex parte order, 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 is served or receives
actual notice of the personal protection order and that motion
forms and filing instructions are available from the clerk of the
court.
(12)
An ex parte A court shall
not issue a personal protection
order
shall not be issued and effective ex parte without written or
oral notice to the individual enjoined or his or her attorney
unless it clearly appears from specific facts shown by a 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 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 A motion to modify or rescind the personal protection
order
shall must be filed within 14 days after the order is served
or after the individual restrained or enjoined receives actual
notice of the personal protection order unless good cause is shown
for filing the motion after 14 days have elapsed.
(14)
Except as otherwise provided in this subsection, the a
court
shall schedule a hearing on the a
motion to modify or rescind
the
an ex parte personal protection order within 14 days
after the
motion to modify or rescind is filed. If the respondent is a person
described in subsection (5) 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
motion to modify or rescind is filed.
(15) The clerk of the court that issues a personal protection
order shall do all of the following immediately upon issuance
without requiring 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.
(c) If the individual restrained or enjoined is identified in
the pleadings as a law enforcement officer, notify the officer's
employing law enforcement agency of the existence of the personal
protection order.
(d)
If the personal protection order prohibits the individual
restrained
or enjoined from purchasing or possessing a firearm,
notify
Notify the concealed weapon licensing board in county clerk
of the individual's county of residence of the existence and
content of the personal protection order.
(e) If the individual restrained or enjoined is identified in
the pleadings as a department of corrections employee, notify the
department of corrections of the existence of the personal
protection order.
(f) If the individual restrained or enjoined is identified in
the pleadings as a person who may have access to information
concerning the petitioner or a child of the petitioner or
individual 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 of the existence of the personal protection
order.
(16) The clerk of a court that issues a personal protection
order 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 L.E.I.N.
(17) The law enforcement agency that receives a true copy of a
personal protection order under subsection (15) or (16) shall
immediately, without requiring proof of service, enter the personal
protection order into the L.E.I.N.
(18) A personal protection order issued under this section
shall
must 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 individual restrained or
enjoined or by any other method allowed by 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 of 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
individual restrained or enjoined is less than 18 years of age, the
parent,
guardian, or custodian of the individual shall 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. A
proof
of service or proof of oral notice shall 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 immediate enforcement under subsection
(21) or (22).
(19) The clerk of the court that issued a personal protection
order shall immediately notify the law enforcement agency that
received the personal protection order under subsection (15) or
(16) if either or both of the following occur:
(a) The clerk of the court receives 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 L.E.I.N.
(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 L.E.I.N.
(22) If the individual restrained or enjoined by a personal
protection order has not been served, a law enforcement agency or
officer responding to a call alleging a violation of the personal
protection order shall serve the individual restrained or enjoined
with a true copy of the order or advise the individual restrained
or enjoined of 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 L.E.I.N. 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 that issued 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 must 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.
(23) An individual restrained or enjoined under a personal
protection order, other than an individual described in subsection
(5), shall do all of the following, as applicable:
(a) If requested to do so by a law enforcement officer,
immediately relinquish to the officer all firearms owned or
possessed by the individual.
(b) If a law enforcement officer does not make a request as
described in subdivision (a), within 24 hours after being served
with the personal protection order, do 1 of the following with
respect to all firearms owned or possessed by the individual:
(i) Relinquish the firearms to a law enforcement agency.
(ii) Sell the firearms to a licensed firearms dealer.
(24) (23)
An individual 17 years of age or
older 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 of criminal contempt, shall must be
imprisoned for not more than 93 days and may be fined not more than
$500.00. An individual less than 17 years of age 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 under this section may be
imposed in addition to any penalty that may be imposed for any
other criminal offense arising from the same conduct.
(25) (24)
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.
(26) (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, and chapter 17.
(27) (26)
A personal protection order issued
under this
section may enjoin or restrain an individual described in
subsection (5) from purchasing or possessing a firearm.
(27)
A personal protection order issued under this section is
also
enforceable under chapter 17.
(28) A court shall not issue a personal protection order that
restrains or enjoins conduct described in subsection (1) or (3) 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.
(c) The respondent is a minor child less than 10 years of age.
(29) If the respondent is less than 18 years old, 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.
(30) A personal protection order 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 476.
(31) A court shall not issue a personal protection order under
this section if the petitioner is a prisoner. If a personal
protection order is issued in violation of this subsection, a court
shall rescind the personal protection order upon notification and
verification that the petitioner is a prisoner.
(32) As used in this section:
(a) "Convicted" means 1 of the following:
(i) The subject of a judgment of conviction or a probation
order entered in a court that has jurisdiction over criminal
offenses, including a tribal court or a military court.
(ii) Assigned to youthful trainee status under sections 11 to
15 of chapter II of the code of criminal procedure, 1927 PA 175,
MCL 762.11 to 762.15, if the individual's status of youthful
trainee is revoked and an adjudication of guilt is entered.
(iii) The subject of an order of disposition entered under
section 18 of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.18, that is open to the general public under section
28 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712A.28.
(iv) The subject of an order of disposition or other
adjudication in a juvenile matter in another state or country.
(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.
(c) "L.E.I.N." means the law enforcement information network
administered under the C.J.I.S. policy council act, 1974 PA 163,
MCL 28.211 to 28.215.
(d) "Personal protection order" means an injunctive order
issued
by the circuit court or the family division of circuit court
restraining or enjoining conduct prohibited under subsection (1) or
(3).
(e) "Prisoner" means a person subject to incarceration,
detention, or admission to a prison who is accused of, convicted
of, sentenced for, or adjudicated delinquent for violations of
federal, state, or local law or the terms and conditions of parole,
probation, pretrial release, or a diversionary program.
(f) "Sexual assault" means an act, attempted act, or
conspiracy to engage in an act of criminal conduct as defined in
section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code,
1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and
750.520g, or an offense under a law of the United States, another
state, or a foreign country or tribal or military law that is
substantially similar to an offense listed in this subdivision.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.