SENATE BILL NO. 1107 May 6, 1998, Introduced by Senators GEAKE, NORTH, STILLE, BENNETT, STEIL, GOUGEON, CISKY, MC MANUS and GAST and referred to the Committee on Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2950, 2950a, and 8301 (MCL 600.2950, 600.2950a, and 600.8301), sections 2950 and 2950a as amended by 1997 PA 115 and section 8301 as amended by 1996 PA 388. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2950. (1) By commencing an independent action to 2 obtain relief under this section, by joining a claim to an 3 action, or by filing a motion in an action in which the peti- 4 tioner and the individual to be restrained or enjoined are par- 5 ties, an individual may petition thecircuitDISTRICT court to 6 enter a personal protection order to restrain or enjoin a spouse, 7 a former spouse, an individual with whom he or she has had a 8 child in common, an individual with whom he or she has or has had 9 a dating relationship, or an individual residing or having 05448'98 TLG 2 1 resided in the same household as the victim from doing 1 or more 2 of the following: 3 (a) Entering onto premises. 4 (b) Assaulting, attacking, beating, molesting, or wounding a 5 named individual. 6 (c) Threatening to kill or physically injure a named 7 individual. 8 (d) Removing minor children from the individual having legal 9 custody of the children, except as otherwise authorized by a cus- 10 tody or parenting time order issued by a court of competent 11 jurisdiction. 12 (e)Beginning April 1, 1996, purchasingPURCHASING or pos- 13 sessing a firearm. 14 (f) Interfering with petitioner's efforts to remove 15 petitioner's children or personal property from premises that are 16 solely owned or leased by the individual to be restrained or 17 enjoined. 18 (g) Interfering with petitioner at petitioner's place of 19 employment or engaging in conduct that impairs petitioner's 20 employment relationship or environment. 21 (h) Any other specific act or conduct that imposes upon or 22 interferes with personal liberty or that causes a reasonable 23 apprehension of violence. 24 (2) If the respondent is a person who is issued a license to 25 carry a concealed weapon and is required to carry a weapon as a 26 condition of his or her employment, a police officer certified by 27 the Michigan law enforcement OFFICERS training council act of 05448'98 3 1 1965, 1965 PA 203, MCL 28.601 to 28.616, a sheriff, a deputy 2 sheriff or a member of the Michigan department of state police, a 3 local corrections officer, department of corrections employee, or 4 a federal law enforcement officer who carries a firearm during 5 the normal course of his or her employment, the petitioner shall 6 notify the court of the respondent's occupation prior to the 7 issuance of the personal protection order. This subsection does 8 not apply to a petitioner who does not know the respondent's 9 occupation. 10 (3) A petitioner may omit his or her address of residence 11 from documents filed with the court under this section. If a 12 petitioner omits his or her address of residence, the petitioner 13 shall provide the court with a mailing address. 14 (4) The court shall issue a personal protection order under 15 this section if the court determines that there is reasonable 16 cause to believe that the individual to be restrained or enjoined 17 may commit 1 or more of the acts listed in subsection (1). In 18 determining whether reasonable cause exists, the court shall con- 19 sider all of the following: 20 (a) Testimony, documents, or other evidence offered in sup- 21 port of the request for a personal protection order. 22 (b) Whether the individual to be restrained or enjoined has 23 previously committed or threatened to commit 1 or more of the 24 acts listed in subsection (1). 25 (5) A court shall not issue a personal protection order that 26 restrains or enjoins conduct described in subsection (1)(a) if 27 all of the following apply: 05448'98 4 1 (a) The individual to be restrained or enjoined is not the 2 spouse of the moving party. 3 (b) The individual to be restrained or enjoined has a prop- 4 erty interest in the premises. 5 (c) The moving party has no property interest in the 6 premises. 7 (6) A court shall not refuse to issue a personal protection 8 order solely due to the absence of any of the following: 9 (a) A police report. 10 (b) A medical report. 11 (c) A report or finding of an administrative agency. 12 (d) Physical signs of abuse or violence. 13 (7) If the court refuses to grant a personal protection 14 order, it shall state immediately in writing the specific reasons 15 it refused to issue a personal protection order. If a hearing is 16 held, the court shall also immediately state on the record the 17 specific reasons it refuses to issue a personal protection 18 order. 19 (8) A personal protection order shall not be made mutual. 20 Correlative separate personal protection orders are prohibited 21 unless both parties have properly petitioned the court pursuant 22 to subsection (1). 23 (9) A personal protection order is effective when signed by 24 a judge. 25 (10) The court shall designate the law enforcement agency 26 that is responsible for entering the personal protection order 27 into the law enforcement information network as provided by the 05448'98 5 1 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 2 28.216. 3 (11) A personal protection order shall include all of the 4 following: 5 (a) A statement that the personal protection order has been 6 entered to restrain or enjoin conduct listed in the order and 7 that violation of the personal protection order will subject the 8 individual restrained or enjoined to immediate arrest and the 9 civil and criminal contempt powers of the court, and that if he 10 or she is found guilty of criminal contempt, he or she shall be 11 imprisoned for not more than 93 days and may be fined not more 12 than $500.00. 13 (b) A statement that the personal protection order is effec- 14 tive when signed by a judge and is immediately enforceable. 15 (c) A statement listing the type or types of conduct 16 enjoined. 17 (d) An expiration date stated clearly on the face of the 18 order. 19 (e) A statement that the personal protection order is 20 enforceable anywhere in Michigan by any law enforcement agency. 21 (f) The law enforcement agency designated by the court to 22 enter the personal protection order into the law enforcement 23 information network. 24 (g) For ex parte orders, a statement that the individual 25 restrained or enjoined may file a motion to modify or rescind the 26 personal protection order and request a hearing within 14 days 27 after the individual restrained or enjoined has been served or 05448'98 6 1 has received actual notice of the order and that motion forms and 2 filing instructions are available from the clerk of the court. 3 (12) An ex parte personal protection order shall be issued 4 and effective without written or oral notice to the individual 5 restrained or enjoined or his or her attorney if 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 (13) A personal protection order issued under subsection 12 (12) is valid for not less than 182 days. The individual 13 restrained or enjoined may file a motion to modify or rescind the 14 personal protection order and request a hearing under the 15 Michigan court rules. The motion to modify or rescind the per- 16 sonal protection order shall be filed within 14 days after the 17 order is served or after the individual restrained or enjoined 18 has received actual notice of the personal protection order 19 unless good cause is shown for filing the motion after the 14 20 days have elapsed. 21 (14) 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 05448'98 7 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 (15) The clerk of the court that issues a personal protec- 4 tion order shall do both of the following immediately upon issu- 5 ance and without requiring a proof of service on the individual 6 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 the petitioner with not less than 2 true copies 11 of the personal protection order. 12 (16) The clerk of the court shall inform the petitioner that 13 he or she may take a true copy of the personal protection order 14 to the law enforcement agency designated by the court in subsec- 15 tion (10) to be immediately entered into the law enforcement 16 information network. 17 (17) The law enforcement agency that receives a true copy of 18 the personal protection order under subsection (15) or (16) shall 19 immediately and without requiring proof of service enter the per- 20 sonal protection order into the law enforcement information net- 21 work as provided by the L.E.I.N. policy council act of 1974, 1974 22 PA 163, MCL 28.211 to 28.216. 23 (18) A personal protection order issued under this section 24 shall be served personally or by registered or certified mail, 25 return receipt requested, delivery restricted to the addressee at 26 the last known address or addresses of the individual restrained 27 or enjoined or by any other manner provided in the Michigan court 05448'98 8 1 rules. A proof of service shall be filed with the clerk of the 2 court issuing the personal protection order. This subsection 3 does not prohibit the immediate effectiveness of a personal pro- 4 tection order or its immediate enforcement under subsections (21) 5 and (22). 6 (19) The clerk of the court shall immediately notify the law 7 enforcement agency that received the personal protection order 8 under subsection (15) or (16) if either of the following occurs: 9 (a) The clerk of the court has received proof that the indi- 10 vidual restrained or enjoined has been served. 11 (b) The personal protection order is rescinded, modified, or 12 extended by court order. 13 (20) The law enforcement agency that receives information 14 under subsection (19) shall enter the information or cause the 15 information to be entered into the law enforcement information 16 network as provided by the L.E.I.N. policy council act of 1974, 17 1974 PA 163, MCL 28.211 to 28.216. 18 (21) Subject to subsection (22), a personal protection order 19 is immediately enforceable anywhere in this state by any law 20 enforcement agency that has received a true copy of the order, is 21 shown a copy of it, or has verified its existence on the law 22 enforcement information network as provided by the 23 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 24 28.216. 25 (22) If the individual restrained or enjoined has not been 26 served, the law enforcement agency or officer responding to a 27 domestic violence call alleging a violation of a personal 05448'98 9 1 protection order shall serve the individual restrained or 2 enjoined with a true copy of the order or advise the individual 3 restrained or enjoined of the existence of the personal protec- 4 tion order, the specific conduct enjoined, the penalties for vio- 5 lating the order, and where the individual restrained or enjoined 6 may obtain a copy of the order. The law enforcement officer 7 shall enforce the personal protection order and immediately enter 8 or cause to be entered into the law enforcement information net- 9 work that the individual restrained or enjoined has actual notice 10 of the personal protection order. If the individual restrained 11 or enjoined has not received notice of the personal protection 12 order, the individual restrained or enjoined shall be given an 13 opportunity to comply with the personal protection order before 14 the law enforcement officer makes a custodial arrest for viola- 15 tion of the personal protection order. The failure to immedi- 16 ately comply with the personal protection order shall be grounds 17 for an immediate custodial arrest. This subsection does not pre- 18 clude an arrest under section 15 or 15a of chapter IV of the code 19 of criminal procedure, 1927 PA 175, MCL 764.15 and 764.15a. 20 (23) An individual who refuses or fails to comply with a 21 personal protection order is subject to the criminal contempt 22 powers of the court and, if found guilty, shall be imprisoned for 23 not more than 93 days and may be fined not more than $500.00. 24 The criminal penalty provided for under this section may be 25 imposed in addition to a penalty that may be imposed for another 26 criminal offense arising from the same conduct. 05448'98 10 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) As used in this section: 11 (a) "Dating relationship" means frequent, intimate associa- 12 tions primarily characterized by the expectation of affectional 13 involvement. This term does not include a casual relationship or 14 an ordinary fraternization between 2 individuals in a business or 15 social context. 16 (b) "Federal law enforcement officer" means an officer or 17 agent employed by a law enforcement agency of the United States 18 government whose primary responsibility is the enforcement of 19 laws of the United States. 20 (c) "Personal protection order" means an injunctive order 21 issued by thecircuitDISTRICT court restraining or enjoining 22 activity and individuals listed in subsection (1). 23 Sec. 2950a. (1) By commencing an independent action to 24 obtain relief under this section, by joining a claim to an 25 action, or by filing a motion in an action in which the peti- 26 tioner and the individual to be restrained or enjoined are 27 parties, an individual may petition thecircuitDISTRICT court 05448'98 11 1 to enter a personal protection order to restrain or enjoin an 2 individual from engaging in conduct that is prohibited under 3 section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 4 750.411h and 750.411i. Relief may be sought and granted under 5 this section whether or not the individual to be restrained or 6 enjoined has been charged or convicted under section 411h or 411i 7 of the Michigan penal code, 1931 PA 328, MCL 750.411h and 8 750.411i for the alleged violation. 9 (2) If the respondent is a person who is issued a license to 10 carry a concealed weapon and is required to carry a weapon as a 11 condition of his or her employment, a police officer certified by 12 the Michigan law enforcement OFFICERS training council act of 13 1965, 1965 PA 203, MCL 28.601 to 28.616, a sheriff, a deputy 14 sheriff or a member of the Michigan department of state police, a 15 local corrections officer, a department of corrections employee, 16 or a federal law enforcement officer who carries a firearm during 17 the normal course of his or her employment, the petitioner shall 18 notify the court of the respondent's occupation prior to the 19 issuance of the personal protection order. This subsection does 20 not apply to a petitioner who does not know the respondent's 21 occupation. 22 (3) A petitioner may omit his or her address of residence 23 from documents filed with the court pursuant to this section. If 24 a petitioner omits his or her address of residence, the peti- 25 tioner shall provide the court a mailing address. 26 (4) If the court refuses to grant a personal protection 27 order, it shall state in writing the specific reasons it refused 05448'98 12 1 to issue a personal protection order. If a hearing is held, the 2 court shall also immediately state on the record the specific 3 reasons it refuses to issue a personal protection order. 4 (5) A personal protection order shall not be made mutual. 5 Correlative separate personal protection orders are prohibited 6 unless both parties have properly petitioned the court pursuant 7 to subsection (1). 8 (6) A personal protection order is effective when signed by 9 a judge. 10 (7) The court shall designate the law enforcement agency 11 that is responsible for entering the personal protection order 12 into the law enforcement information network as provided by the 13 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 14 28.216. 15 (8) A personal protection order issued under this section 16 shall include all of the following: 17 (a) A statement that the personal protection order has been 18 entered to enjoin or restrain conduct listed in the order and 19 that violation of the personal protection order will subject the 20 individual restrained or enjoined to immediate arrest and the 21 civil and criminal contempt powers of the court, and that if he 22 or she is found guilty of criminal contempt, he or she shall be 23 imprisoned for not more than 93 days and may be fined not more 24 than $500.00. 25 (b) A statement that the personal protection order is effec- 26 tive when signed by a judge and is immediately enforceable. 05448'98 13 1 (c) A statement listing the type or types of conduct 2 enjoined. 3 (d) An expiration date stated clearly on the face of the 4 order. 5 (e) A statement that the personal protection order is 6 enforceable anywhere in Michigan by any law enforcement agency. 7 (f) The law enforcement agency designated by the court to 8 enter the personal protection order into the law enforcement 9 information network. 10 (g) For ex parte orders, a statement that the individual 11 restrained or enjoined may file a motion to modify or rescind the 12 personal protection order and request a hearing within 14 days 13 after the individual restrained or enjoined has been served or 14 has received actual notice of the personal protection order and 15 that motion forms and filing instructions are available from the 16 clerk of the court. 17 (9) An ex parte personal protection order shall be issued 18 and effective without written or oral notice to the individual 19 enjoined or his or her attorney if it clearly appears from spe- 20 cific facts shown by verified complaint, written motion, or affi- 21 davit that immediate and irreparable injury, loss, or damage will 22 result from the delay required to effectuate notice or that the 23 notice will itself precipitate adverse action before a personal 24 protection order can be issued. 25 (10) A personal protection order issued under subsection (9) 26 is valid for not less than 182 days. The individual restrained 27 or enjoined may file a motion to modify or rescind the personal 05448'98 14 1 protection order and request a hearing pursuant to the Michigan 2 court rules. The motion to modify or rescind the personal pro- 3 tection order shall be filed within 14 days after the order is 4 served or after the individual restrained or enjoined has 5 received actual notice of the personal protection order unless 6 good cause is shown for filing the motion after the 14 days have 7 elapsed. 8 (11) Except as otherwise provided in this subsection, the 9 court shall schedule a hearing on the motion to modify or rescind 10 the ex parte personal protection order within 14 days after the 11 filing of the motion to modify or rescind. If the respondent is 12 a person described in subsection (2) and the personal protection 13 order prohibits him or her from purchasing or possessing a fire- 14 arm, the court shall schedule a hearing on the motion to modify 15 or rescind the ex parte personal protection order within 5 days 16 after the filing of the motion to modify or rescind. 17 (12) The clerk of the court that issues a personal protec- 18 tion order shall do both of the following immediately upon issu- 19 ance and without requiring a proof of service on the individual 20 restrained or enjoined: 21 (a) File a true copy of the personal protection order with 22 the law enforcement agency designated by the court in the per- 23 sonal protection order. 24 (b) Provide petitioner with not less than 2 true copies of 25 the personal protection order. 26 (13) The clerk of the court shall inform the petitioner that 27 he or she may take a true copy of the personal protection order 05448'98 15 1 to the law enforcement agency designated by the court in 2 subsection (7) to be immediately entered into the law enforcement 3 information network. 4 (14) The law enforcement agency that receives a true copy of 5 the personal protection order under subsection (12) or (13) shall 6 immediately and without requiring proof of service enter the per- 7 sonal protection order into the law enforcement information net- 8 work, as provided by the L.E.I.N. policy council act of 1974, 9 1974 PA 163, MCL 28.211 to 28.216. 10 (15) A personal protection order issued under this section 11 shall be served personally or by registered or certified mail, 12 return receipt requested, delivery restricted to the addressee at 13 the last known address or addresses of the individual restrained 14 or enjoined or by any other manner provided in the Michigan court 15 rules. A proof of service shall be filed with the clerk of the 16 court issuing the personal protection order. This subsection 17 does not prohibit the immediate effectiveness of a personal pro- 18 tection order or its immediate enforcement under subsections (18) 19 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. 05448'98 16 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 15 domestic violence call alleging a violation of a personal protec- 16 tion order shall serve the individual restrained or enjoined with 17 a true copy of the order or advise the individual restrained or 18 enjoined of the existence of the personal protection order, the 19 specific conduct enjoined, the penalties for violating the order, 20 and where the individual restrained or enjoined may obtain a copy 21 of the order. The law enforcement officer shall enforce the per- 22 sonal protection order and immediately enter or cause to be 23 entered into the law enforcement information network that the 24 individual restrained or enjoined has actual notice of the per- 25 sonal protection order. If the individual restrained or enjoined 26 has not received notice of the personal protection order, the 27 individual restrained or enjoined shall be given an opportunity 05448'98 17 1 to comply with the personal protection order before the law 2 enforcement officer makes a custodial arrest for violation of the 3 personal protection order. The failure to immediately comply 4 with the personal protection order shall be grounds for an imme- 5 diate custodial arrest. This subsection does not preclude an 6 arrest under section 15 or 15a of chapter IV of the code of crim- 7 inal procedure, 1927 PA 175, MCL 764.15 and 764.15a. 8 (20) An individual who refuses or fails to comply with a 9 personal protection order issued under this section is subject to 10 the criminal contempt powers of the court and, if found guilty of 11 criminal contempt, shall be imprisoned for not more than 93 days 12 and may be fined not more than $500.00. The criminal penalty 13 provided for under this section may be imposed in addition to any 14 penalty that may be imposed for any other criminal offense aris- 15 ing from the same conduct. 16 (21) An individual who knowingly and intentionally makes a 17 false statement to the court in support of his or her petition 18 for a personal protection order is subject to the contempt powers 19 of the court. 20 (22) A personal protection order issued under this section 21 is also enforceable under section 15b of chapter IV of the code 22 of criminal procedure, 1927 PA 175, MCL 764.15b. 23 (23)Beginning April 1, 1996, aA personal protection 24 order issued under this section may enjoin or restrain an indi- 25 vidual from purchasing or possessing a firearm. 26 (24) A personal protection order issued under this section 27 is also enforceable under chapter 17. 05448'98 18 1 (25) As used in this section: 2 (a) "Federal law enforcement officer" means an officer or 3 agent employed by a law enforcement agency of the United States 4 government whose primary responsibility is the enforcement of 5 laws of the United States. 6 (b) "Personal protection order" means an injunctive order 7 issued bycircuitDISTRICT court restraining or enjoining con- 8 duct prohibited under section 411h or 411i of the Michigan penal 9 code, 1931 PA 328, MCL 750.411h and 750.411i. 10 Sec. 8301. (1) The district court has exclusive jurisdic- 11 tion in civil actions when the amount in controversy does not 12 exceed $25,000.00. 13 (2) The district court has jurisdiction over civil infrac- 14 tion actions AND PERSONAL PROTECTION ORDERS. 05448'98 Final page. TLG