HB-5278, As Passed Senate, June 12, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5278

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 389, entitled

 

"An act to provide for the prevention and treatment of domestic

violence; to develop and establish policies, procedures, and

standards for providing domestic violence assistance programs and

services; to create a domestic violence prevention and treatment

board and prescribe its powers and duties; to establish a domestic

violence prevention and treatment fund and provide for its use; to

prescribe powers and duties of the family independence agency; to

prescribe immunities and liabilities of certain persons and

officials; and to prescribe penalties for violations of this act,"

 

by amending the title and sections 1, 2, 4, and 11 (MCL 400.1501,

 

400.1502, 400.1504, and 400.1511), the title as amended by 2001 PA

 

192, section 1 as amended by 2000 PA 84, and section 11 as amended

 

by 2002 PA 732.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to provide for the prevention and treatment of domestic

 

and sexual violence; to develop and establish policies, procedures,

 

and standards for providing domestic and sexual violence assistance

 

programs and services; to create a declare the powers and duties of

 

the Michigan domestic and sexual violence prevention and treatment

 

board; and prescribe its powers and duties; to establish a domestic

 

violence prevention and treatment fund and provide for its use; to

 

prescribe provide for the powers and duties of the family

 

independence agency; certain state governmental officers and

 

entities; to prescribe immunities and liabilities of certain

 

persons and officials; and to prescribe penalties for violations of

 

this act.

 

     Sec. 1. As used in this act:

 

     (a) "Board" means the Michigan domestic and sexual violence

 

prevention and treatment board created in section 2.created under

 

Executive Order No. 2012-17.

 

     (b) "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.

 

     (c) "Department" means the family independence

 

agency.department of health and human services.

 

     (d) "Domestic violence" means the occurrence of any of the

 

following acts by a person that is not an act of self-defense:

 

     (i) Causing or attempting to cause physical or mental harm to

 

a family or household member.

 

     (ii) Placing a family or household member in fear of physical

 

or mental harm.

     (iii) Causing or attempting to cause a family or household

 

member to engage in involuntary sexual activity by force, threat of

 

force, or duress.

 

     (iv) Engaging in activity toward a family or household member

 

that would cause a reasonable person to feel terrorized,

 

frightened, intimidated, threatened, harassed, or molested.

 

     (e) "Family or household member" includes any of the

 

following:

 

     (i) A spouse or former spouse.

 

     (ii) An individual with whom the person resides or has

 

resided.

 

     (iii) An individual with whom the person has or has had a

 

dating relationship.

 

     (iv) An individual with whom the person is or has engaged in a

 

sexual relationship.

 

     (v) An individual to whom the person is related or was

 

formerly related by marriage.

 

     (vi) An individual with whom the person has a child in common.

 

     (vii) The minor child of an individual described in

 

subparagraphs (i) to (vi).

 

     (f) "Fund" means the domestic violence prevention and

 

treatment fund created in section 5.

 

     (g) "Prime sponsor" means a county, city, village, or township

 

of this state, or a combination thereof, or a private, nonprofit

 

association or organization.

 

     Sec. 2. (1) The domestic and sexual violence prevention and

 

treatment board is created in the department. The board shall

consist under Executive Order No. 2012-17 consists of 7 members,

 

all of whom shall must have experience in an area related to the

 

problems of domestic or sexual violence. The members shall must be

 

appointed by the governor with the advice and consent of the

 

senate.

 

     (2) The term Members of office of a member the board shall be

 

serve for terms of 3 years , except that : of the members first

 

appointed , 2 shall serve for a term of 1 year, 2 shall serve for a

 

term of 2 years, and 1 shall serve for a term of 3 years. ; and of

 

the 2 additional members appointed under this 1979 amendatory act,

 

1 shall serve for a term of 2 years and 1 shall serve for a term of

 

3 years. A member appointed to fill a vacancy occurring other than

 

by expiration of a term shall must be appointed for the remainder

 

of the unexpired term.

 

     (3) The governor shall designate 1 member of the board to

 

serve as chairperson. A majority of the members shall of the board

 

constitute a quorum.

 

     (4) The per diem compensation of the board and the schedule

 

for reimbursement of expenses shall will be established annually by

 

the legislature.

 

     Sec. 4. The department shall provide staff to enable the board

 

to carry out the following powers and duties established under

 

Executive Order No. 2012-17:

 

     (a) Coordinate and monitor programs and services funded under

 

this act for the prevention of domestic and sexual violence and the

 

treatment of victims of domestic and sexual violence.

 

     (b) Develop standards for the implementation and

administration of services and procedures to prevent domestic and

 

sexual violence and to provide services and programs for victims of

 

domestic and sexual violence.

 

     (c) Provide planning and technical assistance to prime

 

sponsors for the development, implementation, and administration of

 

programs and services for the prevention of domestic and sexual

 

violence and the treatment of victims of domestic and sexual

 

violence.

 

     (d) Conduct research to develop and implement effective means

 

for preventing domestic and sexual violence and treating victims of

 

domestic and sexual violence.

 

     (e) Provide assistance to the department of state police in

 

developing a system for monitoring and maintaining a uniform

 

reporting system to provide accurate statistical data on domestic

 

and sexual violence.

 

     (f) Coordinate educational and public informational programs

 

for the purpose of developing appropriate public awareness

 

regarding the problems of domestic and sexual violence; encourage

 

professional persons and groups to recognize and deal with problems

 

of domestic and sexual violence; to make information about the

 

problems of domestic and sexual violence available to the public,

 

and organizations, and agencies which that deal with problems of

 

domestic and sexual violence; and encourage the development of

 

community programs to prevent domestic and sexual violence and

 

provide services to victims of domestic and sexual violence.

 

     (g) Study and recommend changes in civil and criminal laws and

 

procedures which that will enable victims of domestic and sexual

violence to receive equitable and fair treatment under the law.

 

     (h) Advise the legislature and governor on the nature,

 

magnitude, and priorities of the problem of domestic and sexual

 

violence and the needs of victims of domestic and sexual violence;

 

and recommend appropriate changes in state laws and programs ,

 

statutes, related to domestic and sexual violence.

 

     (i) Develop policies, budgets, and standards which that will

 

reduce the problem of domestic and sexual violence and improve the

 

condition of victims.

 

     (j) Administer grants from the federal government or a federal

 

agency and other funds as provided by law or designated by the

 

department.

 

     Sec. 11. (1) The state or a county may establish an

 

interagency domestic violence fatality review team. Two or more

 

counties may establish a single domestic violence fatality review

 

team for those counties. The purpose of a team is to learn how to

 

prevent domestic violence homicides and suicides by improving the

 

response of individuals and agencies to domestic violence. Subject

 

to the requirements of this section, each team may determine its

 

structure and specific activities.

 

     (2) The fatality review teams may review fatal and near-fatal

 

incidents of domestic violence, including suicides. The review of a

 

domestic violence incident may include a review of events leading

 

up to the domestic violence incident, available community

 

resources, current laws and policies, actions taken by the agencies

 

and individuals related to the incident and the parties, and any

 

other information considered relevant by the team. The team may

determine the number and type of incidents it wishes to review and

 

shall make policy and other recommendations as to how incidents of

 

domestic violence may be prevented.

 

     (3) A fatality review team and its members are entitled to the

 

protections granted under this section if the fatality review team

 

is convened under this section and in compliance with the

 

requirements of this section.

 

     (4) A fatality review team established under this section

 

shall must include, but is not limited to, the following:

 

     (a) A health care professional with training and experience in

 

responding to domestic violence.

 

     (b) A medical examiner.

 

     (c) A prosecuting attorney or a designated assistant

 

prosecuting attorney.

 

     (d) A representative of a domestic violence shelter that

 

receives funding from the Michigan domestic violence prevention and

 

treatment board.

 

     (e) A law enforcement officer.

 

     (5) If a state fatality review team is convened, the state

 

fatality review team shall be convened by the Michigan domestic

 

violence prevention and treatment board.

 

     (6) Subject to subsection (9), information obtained or created

 

by or for a fatality review team is confidential and not subject to

 

discovery or the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246. Documents created by or for the fatality review

 

team are not subject to subpoena, except that documents and records

 

otherwise available from other sources are not exempt from

subpoena, discovery, or introduction into evidence from other

 

sources solely because they were presented to or reviewed by a

 

fatality review team. Information relevant to the investigation of

 

a crime may be disclosed by a fatality review team only to the

 

prosecuting attorney or to a law enforcement agency. Information

 

required to be reported under the child protection law, 1975 PA

 

238, MCL 722.621 to 722.638, shall must be disclosed by a fatality

 

review team to the family independence agency. department. A

 

prosecuting attorney, a law enforcement agency, and the family

 

independence agency department may use information received under

 

this subsection in carrying out their lawful responsibilities.

 

Individuals and the organizations represented by individuals who

 

participate as members of a fatality review team shall sign a

 

confidentiality agreement acknowledging the confidentiality

 

provisions of this section.

 

     (7) An individual who provides information to a fatality

 

review team shall must sign a confidentiality notice acknowledging

 

that any information he or she provides to a fatality review team

 

shall must be kept confidential by the fatality review team, but is

 

subject to possible disclosure to the prosecuting attorney, a law

 

enforcement agency, or the family independence agency department as

 

provided in subsection (6).

 

     (8) Fatality review team meetings are closed to the public and

 

are not subject to the open meetings act, 1976 PA 267, MCL 15.261

 

to 15.275. Information identifying a victim of domestic violence

 

whose case is being reviewed, or that person's family members, or

 

an alleged or suspected perpetrator of abuse upon the victim, or

regarding the involvement of any agency with the victim or that

 

person's family, shall must not be disclosed in any report that is

 

available to the public.

 

     (9) Fatality review teams convened under this section shall

 

prepare an annual report of findings, recommendations, and steps

 

taken to implement recommendations. The report shall must not

 

contain information identifying any victim of domestic violence, or

 

that person's family members, or an alleged or suspected

 

perpetrator of abuse upon a victim, or regarding the involvement of

 

any agency with a victim or that person's family. The report shall

 

must cover each calendar year or portion of a calendar year during

 

which a fatality review team is convened and the report shall must

 

be provided to the Michigan domestic violence prevention and

 

treatment board on or before March 1 of the following year. If the

 

Michigan domestic violence prevention and treatment board develops

 

a form for use by fatality review teams to report annual findings

 

and recommendations, fatality review teams shall use that form.

 

     (10) A person who violates the confidentiality provisions of

 

this section is guilty of a misdemeanor.

 

     (11) A fatality review team, any member of a fatality review

 

team, any individual providing information to a fatality review

 

team, or any other person or agency acting within the scope of this

 

section is immune from all civil liability resulting from an act or

 

omission arising out of and in the course of the team's, member's,

 

individual's, person's, or agency's performance of that activity,

 

unless the act or omission was the result of gross negligence or

 

willful misconduct. This section shall not be construed to limit

the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1419, or

 

any other immunity provided by statute or common law.

 

     (12) Subject to available funding, the Michigan domestic

 

violence prevention and treatment board may do any of the

 

following:

 

     (a) Develop a protocol for use by state, county, and

 

multicounty domestic violence fatality review teams.

 

     (b) Develop a form for use by fatality review teams to report

 

annual findings and recommendations as required in subsection (9).

 

     (c) Develop and provide training concerning fatality review

 

teams.

 

     (d) Prepare a report to the governor, the senate, and the

 

house of representatives summarizing the findings and

 

recommendations of fatality review teams and making recommendations

 

to reduce and eradicate the incidence of domestic violence.

 

     (13) If the Michigan domestic violence prevention and

 

treatment board develops a protocol for use by state, county, and

 

multicounty fatality review teams, the teams shall follow that

 

protocol.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.