HOUSE BILL No. 5657 March 11, 1998, Introduced by Reps. Nye, Scranton, Baird, Richner, Dobb, Rocca, Cropsey, Curtis, Jansen, McBryde, Gilmer, Frank, Law, Horton, Godchaux, Wetters, Dalman, Murphy, Scott, Johnson, Geiger, Bodem, Bobier, Galloway, Middleton, Llewellyn, Oxender, Walberg, Birkholz, Bankes, Crissman, Cassis, Jellema and Voorhees and referred to the Committee on Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2529, 2950, and 2950a (MCL 600.2529, 600.2950, and 600.2950a), section 2529 as amended by 1994 PA 403 and sections 2950 and 2950a as amended by 1997 PA 115. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2529. (1) In the circuit court, the following fees 2 shall be paid to the clerk of the court: 3 (a) Before a civil action other than an action brought 4 exclusively under section 2950 or 2950a is commenced, or before 5 the filing of an application for superintending control or for an 6 extraordinary writ, except the writ of habeas corpus, the party 7 bringing the action or filing the application shall pay the sum 8 of $62.00. The clerk at the end of each month shall transmit for 9 each fee collected under this subdivision within the month, 00148'97 ** TLG 2 1 $18.75 to the executive secretary of the Michigan judges 2 retirement system created by the judges retirement act of 1992, 3Act No. 234 of the Public Acts of 1992, being sections 38.21014to 38.2608 of the Michigan Compiled Laws1992 PA 234, MCL 5 38.2101 TO 38.2670; $5.00 to the secretary of the Michigan legis- 6 lative retirement system for deposit with the state treasurer in 7 the retirement fund created by the Michigan legislative retire- 8 ment system act,Act No. 261 of the Public Acts of 1957, as9amended, being sections 38.1001 to 38.1060 of the Michigan10Compiled Laws1957 PA 261, MCL 38.1001 TO 38.1060; $5.25 to the 11 state treasurer for deposit in the general fund; $2.00 to the 12 state treasurer to be credited to the community dispute resolu- 13 tion fund created by the community dispute resolution act,Act14No. 260 of the Public Acts of 1988, being sections 691.1551 to15691.1564 of the Michigan Compiled Laws1988 PA 260, MCL 691.1551 16 TO 691.1564; $11.00 to the county treasurer; and the balance of 17 the filing fee to the state treasurer for deposit in the state 18 court fund created by section 151a. Beginning October 1, 1994 19 and until October 1, 1995, the fee required under this subdivi- 20 sion is $72.00. Beginning October 1, 1995 and until October 1, 21 1996, the fee required under this subdivision is $80.00. 22 Beginning October 1, 1996 and until October 1, 1997, the fee 23 required under this subdivision is $90.00. Beginning October 1, 24 1997, the fee required under this subdivision is $100.00. 25 (b) Before the filing of a claim of appeal or motion for 26 leave to appeal from the district court, probate court, a 27 municipal court, or an administrative tribunal or agency, the sum 00148'97 ** 3 1 of $60.00. For each fee collected under this subdivision, the 2 clerk shall transmit $15.00 to the state treasurer for deposit in 3 the state court fund created by section 151a. Beginning 4 October 1, 1994 and until October 1, 1995, the fee required under 5 this subdivision is $70.00. Beginning October 1, 1995 and until 6 October 1, 1996, the fee required under this subdivision is 7 $80.00. Beginning October 1, 1996 and until October 1, 1997, the 8 fee required under this subdivision is $90.00. Beginning 9 October 1, 1997, the fee required under this subdivision is 10 $100.00. 11 (c) If a trial by jury is demanded, the party making the 12 demand at the time shall pay the sum of $60.00. Failure to pay 13 the fee within the time provided in the court rules constitutes a 14 waiver of the right to a jury trial. The sum shall be taxed in 15 favor of the party paying the fee, in case the party recovers a 16 judgment for costs. 17 (d) Before entry of a final judgment in an action for 18 divorce or separate maintenance in which minor children are 19 involved, or the entry of a final judgment in a child custody 20 dispute submitted to the circuit court as an original action, 1 21 of the following sums, which shall be deposited by the county 22 treasurer as provided in section 2530: 23 (i) If the matter was contested or uncontested and was not 24 submitted to domestic relations mediation or investigation by the 25 friend of the court, $30.00. 26 (ii) If the matter was contested or uncontested and was 27 submitted to domestic relations mediation, $50.00. 00148'97 ** 4 1 (iii) If the matter was contested or uncontested and the 2 office of the friend of the court conducted an investigation and 3 made a recommendation to the court, $70.00. 4 (e) Except as otherwise provided in this section, upon the 5 filing of a motion OTHER THAN A MOTION TO MODIFY OR TERMINATE A 6 PERSONAL PROTECTION ORDER ISSUED UNDER SECTION 2950 OR 2950A, the 7 sum of $20.00. For each fee collected under this subdivision, 8 the clerk shall transmit $10.00 to the state treasurer for 9 deposit in the state court fund created by section 151a. 10 (f) For services under the direction of the court that are 11 not specifically provided for in this section relative to the 12 receipt, safekeeping, or expending of money, or the purchasing, 13 taking, or transferring of a security, or the collecting of 14 interest on a security, the clerk shall receive the allowance and 15 compensation from the parties as the court may consider just and 16 shall direct by court order, after notice to the parties to be 17 charged. 18 (g) Upon appeal to the court of appeals or the supreme 19 court, the sum of $25.00. 20 (h) The sum of $15.00 as a service fee for each writ of gar- 21 nishment, attachment, execution, or judgment debtor discovery 22 subpoena issued. 23 (2) The sums paid as provided in this section shall be held 24 to be in full for all clerk, entry, and judgment fees in an 25 action from the commencement of the action to and including the 26 issuance and return of the execution or other final process, and 27 are taxable as costs. 00148'97 ** 5 1 (3) Except as otherwise provided in this section, the fees 2 shall be paid over to the county treasurer as required by law. 3 (4) The court shall order any of the fees prescribed in this 4 section waived or suspended, in whole or in part, upon a showing 5 by affidavit of indigency or inability to pay. 6 (5) The clerk of the circuit court shall prepare and submit 7 a court filing fee report to the executive secretary of the 8 Michigan judges retirement system created byAct No. 234 of the9Public Acts of 1992THE JUDGES RETIREMENT ACT OF 1992, 1992 PA 10 234, MCL 38.2101 TO 38.2670, at the same time the clerk of the 11 circuit court transmits the portion of the fees collected under 12 this section to the executive secretary. 13 Sec. 2950. (1)ByEXCEPT AS PROVIDED IN SUBSECTION (27), 14 BY commencing an independent action to obtain relief under this 15 section, by joining a claim to an action, or by filing a motion 16 in an action in which the petitioner and the individual to be 17 restrained or enjoined are parties, an individual may petition 18 the circuit court to enter a personal protection order to 19 restrain or enjoin a spouse, a former spouse, an individual with 20 whom he or she has had a child in common, an individual with whom 21 he or she has or has had a dating relationship, or an individual 22 residing or having resided in the same household as the victim 23 from doing 1 or more of the following: 24 (a) Entering onto premises. 25 (b) Assaulting, attacking, beating, molesting, or wounding a 26 named individual. 00148'97 ** 6 1 (c) Threatening to kill or physically injure a named 2 individual. 3 (d) Removing minor children from the individual having legal 4 custody of the children, except as otherwise authorized by a cus- 5 tody or parenting time order issued by a court of competent 6 jurisdiction. 7 (e)Beginning April 1, 1996, purchasingPURCHASING or pos- 8 sessing a firearm. 9 (f) Interfering with petitioner's efforts to remove 10 petitioner's children or personal property from premises that are 11 solely owned or leased by the individual to be restrained or 12 enjoined. 13 (g) Interfering with petitioner at petitioner's place of 14 employment or engaging in conduct that impairs petitioner's 15 employment relationship or environment. 16 (H) HAVING ACCESS TO INFORMATION IN RECORDS CONCERNING A 17 MINOR CHILD OF BOTH PETITIONER AND RESPONDENT THAT WILL INFORM 18 RESPONDENT ABOUT THE ADDRESS OR TELEPHONE NUMBER OF PETITIONER 19 AND PETITIONER'S MINOR CHILD OR ABOUT PETITIONER'S EMPLOYMENT 20 ADDRESS. 21 (I) ENGAGING IN CONDUCT THAT IS PROHIBITED UNDER SECTION 22 411H OR 411I OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 23 750.411H AND 750.411I. 24 (J)(h)Any other specific act or conduct that imposes 25 upon or interferes with personal liberty or that causes a reason- 26 able apprehension of violence. 00148'97 ** 7 1 (2) If the respondent is a person who is issued a license to 2 carry a concealed weapon and is required to carry a weapon as a 3 condition of his or her employment, a police officer certified by 4 the Michigan law enforcement training council act of 1965, 1965 5 PA 203, MCL 28.601 to 28.616, a sheriff, a deputy sheriff or a 6 member of the Michigan department of state police, a local cor- 7 rections officer, department of corrections employee, or a fed- 8 eral law enforcement officer who carries a firearm during the 9 normal course of his or her employment, the petitioner shall 10 notify the court of the respondent's occupation prior to the 11 issuance of the personal protection order. This subsection does 12 not apply to a petitioner who does not know the respondent's 13 occupation. 14 (3) A petitioner may omit his or her address of residence 15 from documents filed with the court under this section. If a 16 petitioner omits his or her address of residence, the petitioner 17 shall provide the court with a mailing address. 18 (4) The court shall issue a personal protection order under 19 this section if the court determines that there is reasonable 20 cause to believe that the individual to be restrained or enjoined 21 may commit 1 or more of the acts listed in subsection (1). In 22 determining whether reasonable cause exists, the court shall con- 23 sider all of the following: 24 (a) Testimony, documents, or other evidence offered in sup- 25 port of the request for a personal protection order. 00148'97 ** 8 1 (b) Whether the individual to be restrained or enjoined has 2 previously committed or threatened to commit 1 or more of the 3 acts listed in subsection (1). 4 (5) A court shall not issue a personal protection order that 5 restrains or enjoins conduct described in subsection (1)(a) if 6 all of the following apply: 7 (a) The individual to be restrained or enjoined is not the 8 spouse of the moving party. 9 (b) The individual to be restrained or enjoined has a prop- 10 erty interest in the premises. 11 (c) The moving party has no property interest in the 12 premises. 13 (6) A court shall not refuse to issue a personal protection 14 order solely due to the absence of any of the following: 15 (a) A police report. 16 (b) A medical report. 17 (c) A report or finding of an administrative agency. 18 (d) Physical signs of abuse or violence. 19 (7) If the court refuses to grant a personal protection 20 order, it shall state immediately in writing the specific reasons 21 it refused to issue a personal protection order. If a hearing is 22 held, the court shall also immediately state on the record the 23 specific reasons it refuses to issue a personal protection 24 order. 25 (8) A personal protection order shall not be made mutual. 26 Correlative separate personal protection orders are prohibited 00148'97 ** 9 1 unless both parties have properly petitioned the court pursuant 2 to subsection (1). 3 (9) A personal protection order is effective when signed by 4 a judge. 5 (10) The court shall designate the law enforcement agency 6 that is responsible for entering the personal protection order 7 into the law enforcement information network as provided by the 8 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 9 28.216. 10 (11) A personal protection order shall include all of the 11 following: 12 (a) A statement that the personal protection order has been 13 entered to restrain or enjoin conduct listed in the order and 14 that violation of the personal protection order will subject the 15 individual restrained or enjoined to immediate arrest and the 16 civil and criminal contempt powers of the court, and that if he 17 or she is found guilty of criminal contempt, he or she shall be 18 imprisoned for not more than 93 days and may be fined not more 19 than $500.00. 20 (b) A statement that the personal protection order is effec- 21 tive when signed by a judge and is immediately enforceable. 22 (c) A statement listing the type or types of conduct 23 enjoined. 24 (d) An expiration date stated clearly on the face of the 25 order. 26 (e) A statement that the personal protection order is 27 enforceable anywhere in Michigan by any law enforcement agency. 00148'97 ** 10 1 (f) The law enforcement agency designated by the court to 2 enter the personal protection order into the law enforcement 3 information network. 4 (g) For ex parte orders, a statement that the individual 5 restrained or enjoined may file a motion to modify or rescind the 6 personal protection order and request a hearing within 14 days 7 after the individual restrained or enjoined has been served or 8 has received actual notice of the order and that motion forms and 9 filing instructions are available from the clerk of the court. 10 (12) An ex parte personal protection order shall be issued 11 and effective without written or oral notice to the individual 12 restrained or enjoined or his or her attorney if it clearly 13 appears from specific facts shown by verified complaint, written 14 motion, or affidavit that immediate and irreparable injury, loss, 15 or damage will result from the delay required to effectuate 16 notice or that the notice will itself precipitate adverse action 17 before a personal protection order can be issued. 18 (13) A personal protection order issued under subsection 19 (12) is valid for not less than 182 days. The individual 20 restrained or enjoined may file a motion to modify or rescind the 21 personal protection order and request a hearing under the 22 Michigan court rules. The motion to modify or rescind the per- 23 sonal protection order shall be filed within 14 days after the 24 order is served or after the individual restrained or enjoined 25 has received actual notice of the personal protection order 26 unless good cause is shown for filing the motion after the 14 27 days have elapsed. 00148'97 ** 11 1 (14) Except as otherwise provided in this subsection, the 2 court shall schedule a hearing on the motion to modify or rescind 3 the ex parte personal protection order within 14 days after the 4 filing of the motion to modify or rescind. If the respondent is 5 a person described in subsection (2) and the personal protection 6 order prohibits him or her from purchasing or possessing a fire- 7 arm, the court shall schedule a hearing on the motion to modify 8 or rescind the ex parte personal protection order within 5 days 9 after the filing of the motion to modify or rescind. 10 (15) The clerk of the court that issues a personal protec- 11 tion order shall dobothALL of the following immediately upon 12 issuance and without requiring a proof of service on the individ- 13 ual restrained or enjoined: 14 (a) File a true copy of the personal protection order with 15 the law enforcement agency designated by the court in the per- 16 sonal protection order. 17 (b) Provide the petitioner with not less than 2 true copies 18 of the personal protection order. 19 (C) IF RESPONDENT IS IDENTIFIED IN THE PLEADINGS AS A LAW 20 ENFORCEMENT OFFICER, NOTIFY THE OFFICER'S EMPLOYING LAW ENFORCE- 21 MENT AGENCY, IF KNOWN, ABOUT THE EXISTENCE OF THE PERSONAL PRO- 22 TECTION ORDER. 23 (D) IF THE PERSONAL PROTECTION ORDER PROHIBITS RESPONDENT 24 FROM PURCHASING OR POSSESSING A FIREARM, NOTIFY THE CONCEALED 25 WEAPON LICENSING BOARD IN RESPONDENT'S COUNTY OF RESIDENCE ABOUT 26 THE EXISTENCE AND CONTENTS OF THE PERSONAL PROTECTION ORDER. 00148'97 ** 12 1 (16) The clerk of the court shall inform the petitioner that 2 he or she may take a true copy of the personal protection order 3 to the law enforcement agency designated by the court in subsec- 4 tion (10) to be immediately entered into the law enforcement 5 information network. 6 (17) The law enforcement agency that receives a true copy of 7 the personal protection order under subsection (15) or (16) shall 8 immediately and without requiring proof of service enter the per- 9 sonal protection order into the law enforcement information net- 10 work as provided by the L.E.I.N. policy council act of 1974, 1974 11 PA 163, MCL 28.211 to 28.216. 12 (18) A personal protection order issued under this section 13 shall be served personally or by registered or certified mail, 14 return receipt requested, delivery restricted to the addressee at 15 the last known address or addresses of the individual restrained 16 or enjoined or by any other manner provided in the Michigan court 17 rules. A LAW ENFORCEMENT OFFICER OR CLERK OF THE COURT WHO KNOWS 18 THAT A PERSONAL PROTECTION ORDER EXISTS MAY, AT ANY TIME, SERVE 19 THE INDIVIDUAL RESTRAINED OR ENJOINED BUT NOT YET SERVED WITH A 20 TRUE COPY OF THE ORDER OR ADVISE THE INDIVIDUAL RESTRAINED OR 21 ENJOINED ABOUT THE EXISTENCE OF THE PERSONAL PROTECTION ORDER, 22 THE SPECIFIC CONDUCT ENJOINED, THE PENALTIES FOR VIOLATING THE 23 ORDER, AND WHERE THE INDIVIDUAL RESTRAINED OR ENJOINED MAY OBTAIN 24 A COPY OF THE ORDER. A proof of service OR PROOF OF ORAL NOTICE 25 shall be filed with the clerk of the court issuing the personal 26 protection order. This subsection does not prohibit the 00148'97 ** 13 1 immediate effectiveness of a personal protection order or its 2 immediate enforcement under subsections (21) and (22). 3 (19) The clerk of the court shall immediately notify the law 4 enforcement agency that received the personal protection order 5 under subsection (15) or (16) if either of the following occurs: 6 (a) The clerk of the court has received proof that the indi- 7 vidual restrained or enjoined has been served. 8 (b) The personal protection order is rescinded, modified, or 9 extended by court order. 10 (20) The law enforcement agency that receives information 11 under subsection (19) shall enter the information or cause the 12 information to be entered into the law enforcement information 13 network as provided by the L.E.I.N. policy council act of 1974, 14 1974 PA 163, MCL 28.211 to 28.216. 15 (21) Subject to subsection (22), a personal protection order 16 is immediately enforceable anywhere in this state by any law 17 enforcement agency that has received a true copy of the order, is 18 shown a copy of it, or has verified its existence on the law 19 enforcement information network as provided by the 20 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 21 28.216. 22 (22) If the individual restrained or enjoined has not been 23 served, the law enforcement agency or officer responding to a 24domestic violencecall alleging a violation of a personal pro- 25 tection order shall serve the individual restrained or enjoined 26 with a true copy of the order or advise the individual restrained 27 or enjoined of the existenceofABOUT the personal protection 00148'97 ** 14 1 order, the specific conduct enjoined, the penalties for violating 2 the order, and where the individual restrained or enjoined may 3 obtain a copy of the order. The law enforcement officer shall 4 enforce the personal protection order and immediately enter or 5 cause to be entered into the law enforcement information network 6 that the individual restrained or enjoined has actual notice of 7 the personal protection order. THE LAW ENFORCEMENT OFFICER ALSO 8 SHALL FILE A PROOF OF SERVICE OR PROOF OF ORAL NOTICE WITH THE 9 CLERK OF THE COURT ISSUING THE PERSONAL PROTECTION ORDER. If the 10 individual restrained or enjoined has not received notice of the 11 personal protection order, the individual restrained or enjoined 12 shall be given an opportunity to comply with the personal protec- 13 tion order before the law enforcement officer makes a custodial 14 arrest for violation of the personal protection order. The fail- 15 ure to immediately comply with the personal protection order 16 shall be grounds for an immediate custodial arrest. This subsec- 17 tion does not preclude an arrest under section 15 or 15a of 18 chapter IV of the code of criminal procedure, 1927 PA 175, MCL 19 764.15 and 764.15a. 20 (23) An individual who refuses or fails to comply with a 21 personal protection order ISSUED UNDER THIS SECTION is subject to 22 the criminal contempt powers of the court and, if found guilty, 23 shall be imprisoned for not more than 93 days and may be fined 24 not more than $500.00. The criminal penalty provided for under 25 this section may be imposed in addition to a penalty that may be 26 imposed for another criminal offense arising from the same 27 conduct. 00148'97 ** 15 1 (24) An individual who knowingly and intentionally makes a 2 false statement to the court in support of his or her petition 3 for a personal protection order is subject to the contempt powers 4 of the court. 5 (25) A personal protection order issued under this section 6 is also enforceable under section 15b of chapter IV of the code 7 of criminal procedure, 1927 PA 175, MCL 764.15b. 8 (26) A personal protection order issued under this section 9 is also enforceable under chapter 17. 10 (27) THE COURT SHALL NOT ISSUE A PERSONAL PROTECTION ORDER 11 IF THE PETITIONER IS LESS THAN 18 YEARS OF AGE AND IS NOT EMANCI- 12 PATED UNDER 1968 PA 293, MCL 722.1 TO 722.6, AND THE RESPONDENT 13 IS A PARENT OF THE PETITIONER. IF THE RESPONDENT IS LESS THAN 18 14 YEARS OF AGE, A COURT SHALL NOT ISSUE A PERSONAL PROTECTION ORDER 15 UNDER THIS SECTION; THE COURT SHALL PROCEED UNDER SECTION 2 OF 16 CHAPTER XIIA OF 1939 PA 288, MCL 712A.2. 17 (28)(27)As used in this section: 18 (a) "Dating relationship" means frequent, intimate associa- 19 tions primarily characterized by the expectation of affectional 20 involvement. This term does not include a casual relationship or 21 an ordinary fraternization between 2 individuals in a business or 22 social context. 23 (b) "Federal law enforcement officer" means an officer or 24 agent employed by a law enforcement agency of the United States 25 government whose primary responsibility is the enforcement of 26 laws of the United States. 00148'97 ** 16 1 (c) "Personal protection order" means an injunctive order 2 issued by the FAMILY DIVISION OF circuit court restraining or 3 enjoining activity and individuals listed in subsection (1). 4 Sec. 2950a. (1)ByEXCEPT AS PROVIDED IN SUBSECTION (25), 5 BY commencing an independent action to obtain relief under this 6 section, by joining a claim to an action, or by filing a motion 7 in an action in which the petitioner and the individual to be 8 restrained or enjoined are parties, an individual may petition 9 the circuit court to enter a personal protection order to 10 restrain or enjoin an individual from engaging in conduct that is 11 prohibited under section 411h or 411i of the Michigan penal code, 12 1931 PA 328, MCL 750.411h and 750.411i. RELIEF SHALL NOT BE 13 GRANTED UNLESS THE PETITION ALLEGES FACTS THAT CONSTITUTE STALK- 14 ING AS DEFINED IN SECTION 411H OR 411I OF THE MICHIGAN PENAL 15 CODE, 1931 PA 328, MCL 750.411H AND 750.411I. Relief may be 16 sought and granted under this section whether or not the individ- 17 ual to be restrained or enjoined has been charged or convicted 18 under section 411h or 411i of the Michigan penal code, 1931 PA 19 328, MCL 750.411h and 750.411i for the alleged violation. 20 (2) If the respondent is a person who is issued a license to 21 carry a concealed weapon and is required to carry a weapon as a 22 condition of his or her employment, a police officer certified by 23 the Michigan law enforcement training council act of 1965, 1965 24 PA 203, MCL 28.601 to 28.616, a sheriff, a deputy sheriff or a 25 member of the Michigan department of state police, a local cor- 26 rections officer, a department of corrections employee, or a 27 federal law enforcement officer who carries a firearm during the 00148'97 ** 17 1 normal course of his or her employment, the petitioner shall 2 notify the court of the respondent's occupation prior to the 3 issuance of the personal protection order. This subsection does 4 not apply to a petitioner who does not know the respondent's 5 occupation. 6 (3) A petitioner may omit his or her address of residence 7 from documents filed with the court pursuant to this section. If 8 a petitioner omits his or her address of residence, the peti- 9 tioner shall provide the court a mailing address. 10 (4) If the court refuses to grant a personal protection 11 order, it shall IMMEDIATELY state in writing the specific reasons 12 it refused to issue a personal protection order. If a hearing is 13 held, the court shall also immediately state on the record the 14 specific reasons it refuses to issue a personal protection 15 order. 16 (5) A personal protection order shall not be made mutual. 17 Correlative separate personal protection orders are prohibited 18 unless both parties have properly petitioned the court pursuant 19 to subsection (1). 20 (6) A personal protection order is effective when signed by 21 a judge. 22 (7) The court shall designate the law enforcement agency 23 that is responsible for entering the personal protection order 24 into the law enforcement information network as provided by the 25 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 26 28.216. 00148'97 ** 18 1 (8) A personal protection order issued under this section 2 shall include all of the following: 3 (a) A statement that the personal protection order has been 4 entered to enjoin or restrain conduct listed in the order and 5 that violation of the personal protection order will subject the 6 individual restrained or enjoined to immediate arrest and the 7 civil and criminal contempt powers of the court, and that if he 8 or she is found guilty of criminal contempt, he or she shall be 9 imprisoned for not more than 93 days and may be fined not more 10 than $500.00. 11 (b) A statement that the personal protection order is effec- 12 tive when signed by a judge and is immediately enforceable. 13 (c) A statement listing the type or types of conduct 14 enjoined. 15 (d) An expiration date stated clearly on the face of the 16 order. 17 (e) A statement that the personal protection order is 18 enforceable anywhere in Michigan by any law enforcement agency. 19 (f) The law enforcement agency designated by the court to 20 enter the personal protection order into the law enforcement 21 information network. 22 (g) For ex parte orders, a statement that the individual 23 restrained or enjoined may file a motion to modify or rescind the 24 personal protection order and request a hearing within 14 days 25 after the individual restrained or enjoined has been served or 26 has received actual notice of the personal protection order and 00148'97 ** 19 1 that motion forms and filing instructions are available from the 2 clerk of the court. 3 (9) An ex parte personal protection order shall NOT be 4 issued and effective without written or oral notice to the indi- 5 vidual enjoined or his or her attorneyifUNLESS it clearly 6 appears from specific facts shown by verified complaint, written 7 motion, or affidavit that immediate and irreparable injury, loss, 8 or damage will result from the delay required to effectuate 9 notice or that the notice will itself precipitate adverse action 10 before a personal protection order can be issued. 11 (10) A personal protection order issued under subsection (9) 12 is valid for not less than 182 days. The individual restrained 13 or enjoined may file a motion to modify or rescind the personal 14 protection order and request a hearing pursuant to the Michigan 15 court rules. The motion to modify or rescind the personal pro- 16 tection order shall be filed within 14 days after the order is 17 served or after the individual restrained or enjoined has 18 received actual notice of the personal protection order unless 19 good cause is shown for filing the motion after the 14 days have 20 elapsed. 21 (11) Except as otherwise provided in this subsection, the 22 court shall schedule a hearing on the motion to modify or rescind 23 the ex parte personal protection order within 14 days after the 24 filing of the motion to modify or rescind. If the respondent is 25 a person described in subsection (2) and the personal protection 26 order prohibits him or her from purchasing or possessing a 27 firearm, the court shall schedule a hearing on the motion to 00148'97 ** 20 1 modify or rescind the ex parte personal protection order within 5 2 days after the filing of the motion to modify or rescind. 3 (12) The clerk of the court that issues a personal protec- 4 tion order shall dobothALL of the following immediately upon 5 issuance and without requiring a proof of service on the individ- 6 ual restrained or enjoined: 7 (a) File a true copy of the personal protection order with 8 the law enforcement agency designated by the court in the per- 9 sonal protection order. 10 (b) Provide petitioner with not less than 2 true copies of 11 the personal protection order. 12 (C) IF RESPONDENT IS IDENTIFIED IN THE PLEADINGS AS A LAW 13 ENFORCEMENT OFFICER, NOTIFY THE OFFICER'S EMPLOYING LAW ENFORCE- 14 MENT AGENCY ABOUT THE EXISTENCE OF THE PERSONAL PROTECTION ORDER. 15 (D) IF THE PERSONAL PROTECTION ORDER PROHIBITS RESPONDENT 16 FROM PURCHASING OR POSSESSING A FIREARM, NOTIFY THE CONCEALED 17 WEAPON LICENSING BOARD IN RESPONDENT'S COUNTY OF RESIDENCE ABOUT 18 THE EXISTENCE AND CONTENTS OF THE PERSONAL PROTECTION ORDER. 19 (13) The clerk of the court shall inform the petitioner that 20 he or she may take a true copy of the personal protection order 21 to the law enforcement agency designated by the court in subsec- 22 tion (7) to be immediately entered into the law enforcement 23 information network. 24 (14) The law enforcement agency that receives a true copy of 25 the personal protection order under subsection (12) or (13) shall 26 immediately and without requiring proof of service enter the 27 personal protection order into the law enforcement information 00148'97 ** 21 1 network, as provided by the L.E.I.N. policy council act of 1974, 2 1974 PA 163, MCL 28.211 to 28.216. 3 (15) A personal protection order issued under this section 4 shall be served personally or by registered or certified mail, 5 return receipt requested, delivery restricted to the addressee at 6 the last known address or addresses of the individual restrained 7 or enjoined or by any other manner provided in the Michigan court 8 rules. A LAW ENFORCEMENT OFFICER OR CLERK OF THE COURT WHO KNOWS 9 THAT A PERSONAL PROTECTION ORDER EXISTS MAY, AT ANY TIME, SERVE 10 THE INDIVIDUAL RESTRAINED OR ENJOINED BUT NOT YET SERVED WITH A 11 TRUE COPY OF THE ORDER OR ADVISE THE INDIVIDUAL RESTRAINED OR 12 ENJOINED ABOUT THE EXISTENCE OF THE PERSONAL PROTECTION ORDER, 13 THE SPECIFIC CONDUCT ENJOINED, THE PENALTIES FOR VIOLATING THE 14 ORDER, AND WHERE THE INDIVIDUAL RESTRAINED OR ENJOINED MAY OBTAIN 15 A COPY OF THE ORDER. A proof of service OR PROOF OF ORAL NOTICE 16 shall be filed with the clerk of the court issuing the personal 17 protection order. This subsection does not prohibit the immedi- 18 ate effectiveness of a personal protection order or its immediate 19 enforcement under subsections (18) and (19). 20 (16) The clerk of the court shall immediately notify the law 21 enforcement agency that received the personal protection order 22 under subsection (12) or (13) if either of the following occurs: 23 (a) The clerk of the court has received proof that the indi- 24 vidual restrained or enjoined has been served. 25 (b) The personal protection order is rescinded, modified, or 26 extended by court order. 00148'97 ** 22 1 (17) The law enforcement agency that receives information 2 under subsection (16) shall enter the information or cause the 3 information to be entered into the law enforcement information 4 network as provided by the L.E.I.N. policy council act of 1974, 5 1974 PA 163, MCL 28.211 to 28.216. 6 (18) Subject to subsection (19), a personal protection order 7 is immediately enforceable anywhere in this state by any law 8 enforcement agency that has received a true copy of the order, is 9 shown a copy of it, or has verified its existence on the law 10 enforcement information network as provided by the 11 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 12 28.216. 13 (19) If the individual restrained or enjoined has not been 14 served, the law enforcement agency or officer responding to a 15domestic violencecall alleging a violation of a personal pro- 16 tection order shall serve the individual restrained or enjoined 17 with a true copy of the order or advise the individual restrained 18 or enjoinedofABOUT the existence of the personal protection 19 order, the specific conduct enjoined, the penalties for violating 20 the order, and where the individual restrained or enjoined may 21 obtain a copy of the order. The law enforcement officer shall 22 enforce the personal protection order and immediately enter or 23 cause to be entered into the law enforcement information network 24 that the individual restrained or enjoined has actual notice of 25 the personal protection order. THE LAW ENFORCEMENT OFFICER ALSO 26 SHALL FILE A PROOF OF SERVICE OR PROOF OF ORAL NOTICE WITH THE 27 CLERK OF THE COURT ISSUING THE PERSONAL PROTECTION ORDER. If the 00148'97 ** 23 1 individual restrained or enjoined has not received notice of the 2 personal protection order, the individual restrained or enjoined 3 shall be given an opportunity to comply with the personal protec- 4 tion order before the law enforcement officer makes a custodial 5 arrest for violation of the personal protection order. The fail- 6 ure to immediately comply with the personal protection order 7 shall be grounds for an immediate custodial arrest. This subsec- 8 tion does not preclude an arrest under section 15 or 15a of chap- 9 ter IV of the code of criminal procedure, 1927 PA 175, MCL 764.15 10 and 764.15a. 11 (20) An individual who refuses or fails to comply with a 12 personal protection order issued under this section is subject to 13 the criminal contempt powers of the court and, if found guilty of 14 criminal contempt, shall be imprisoned for not more than 93 days 15 and may be fined not more than $500.00. The criminal penalty 16 provided for under this section may be imposed in addition to any 17 penalty that may be imposed for any other criminal offense aris- 18 ing from the same conduct. 19 (21) An individual who knowingly and intentionally makes a 20 false statement to the court in support of his or her petition 21 for a personal protection order is subject to the contempt powers 22 of the court. 23 (22) A personal protection order issued under this section 24 is also enforceable under section 15b of chapter IV of the code 25 of criminal procedure, 1927 PA 175, MCL 764.15b. 00148'97 ** 24 1 (23)Beginning April 1, 1996, aA personal protection 2 order issued under this section may enjoin or restrain an 3 individual from purchasing or possessing a firearm. 4 (24) A personal protection order issued under this section 5 is also enforceable under chapter 17. 6 (25) THE COURT SHALL NOT ISSUE A PERSONAL PROTECTION ORDER 7 IF THE PETITIONER IS LESS THAN 18 YEARS OF AGE AND IS NOT EMANCI- 8 PATED UNDER 1968 PA 293, MCL 722.1 TO 722.6, AND THE RESPONDENT 9 IS A PARENT OF THE PETITIONER. IF THE RESPONDENT IS LESS THAN 18 10 YEARS OF AGE, A COURT SHALL NOT ISSUE A PERSONAL PROTECTION ORDER 11 UNDER THIS SECTION; THE COURT SHALL PROCEED UNDER SECTION 2 OF 12 CHAPTER XIIA OF 1939 PA 288, MCL 712A.2. 13 (26)(25)As used in this section: 14 (a) "Federal law enforcement officer" means an officer or 15 agent employed by a law enforcement agency of the United States 16 government whose primary responsibility is the enforcement of 17 laws of the United States. 18 (b) "Personal protection order" means an injunctive order 19 issued by THE circuit court restraining or enjoining conduct pro- 20 hibited under section 411h or 411i of the Michigan penal code, 21 1931 PA 328, MCL 750.411h and 750.411i. 22 Enacting section 1. This amendatory act takes effect on 23 September 1, 1998. 00148'97 ** Final page. TLG