HOUSE BILL No. 4715


     May 19, 1999, Introduced by Reps. Baird, Faunce, Shulman, Wojno, Richner, Kowall,
Law and Scranton and referred to the Committee on Criminal Law and Corrections.


        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 domes-
   tic violence prevention and treatment fund and provide for its
   use; and to prescribe powers and duties of the department of
   social services,"

   by amending the title and section 1 (MCL 400.1501).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to provide for the prevention and treatment of domes-

 3    tic violence; to develop and establish policies, procedures, and

 4    standards for providing domestic violence assistance programs and

 5    services; to create a domestic violence prevention and treatment

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

 7    domestic violence prevention and treatment fund and provide for



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 1    its use; and to prescribe powers and duties of the 
             department of

 2     social services  FAMILY INDEPENDENCE AGENCY.

 3         Sec. 1.  As used in this act:

 4         (a) "Board" means the domestic violence prevention and

 5    treatment board created in section 2.

 6         (B) "DATING RELATIONSHIP" MEANS FREQUENT, INTIMATE ASSOCIA-

 7    TIONS PRIMARILY CHARACTERIZED BY THE EXPECTATION OF AFFECTIONAL

 8    INVOLVEMENT.  DATING RELATIONSHIP DOES NOT INCLUDE A CASUAL RELA-

 9    TIONSHIP OR AN ORDINARY FRATERNIZATION BETWEEN 2 INDIVIDUALS IN A

10    BUSINESS OR SOCIAL CONTEXT.

11         (C)  (b)  "Department" means the 
             department of social

12     services  FAMILY INDEPENDENCE AGENCY.

13         (D)  (c)  "Domestic violence" means  a
             violent physical

14     attack or fear of violent physical attack perpetrated by an
                       assa-

15     ilant against a victim; in which the victim is a person
                       assaulted

16     by or threatened by assault by his or her spouse or former
                       spouse

17     or an adult person or emancipated minor assaulted by an
                       adult

18     person of the opposite sex with whom the assaulted person
                       cohab-

19     its or formerly cohabited; and in which the victim and
                       assailant

20     are or were involved in a consenting, sexual relationship.
                        THE

21    OCCURRENCE OF ANY OF THE FOLLOWING ACTS BY A PERSON THAT IS NOT

22    AN ACT OF SELF-DEFENSE:

23         (i) CAUSING OR ATTEMPTING TO CAUSE PHYSICAL OR MENTAL
             HARM

24    TO A FAMILY OR HOUSEHOLD MEMBER.

25         (ii) PLACING A FAMILY OR HOUSEHOLD MEMBER IN FEAR OF
             PHYSI-

26    CAL OR MENTAL HARM.





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 1         (iii) CAUSING OR ATTEMPTING TO CAUSE A FAMILY OR
             HOUSEHOLD

 2    MEMBER TO ENGAGE IN INVOLUNTARY SEXUAL ACTIVITY BY FORCE, THREAT

 3    OF FORCE, OR DURESS.

 4         (iv) ENGAGING IN ACTIVITY TOWARD A FAMILY OR HOUSEHOLD

 5    MEMBER THAT WOULD CAUSE A REASONABLE PERSON TO FEEL TERRORIZED,

 6    FRIGHTENED, INTIMIDATED, THREATENED, HARASSED, OR MOLESTED.

 7         (E) "FAMILY OR HOUSEHOLD MEMBER" INCLUDES ANY OF THE

 8    FOLLOWING:

 9         (i) A SPOUSE OR FORMER SPOUSE.

10         (ii) AN INDIVIDUAL WITH WHOM THE PERSON RESIDES OR HAS

11    RESIDED.

12         (iii) AN INDIVIDUAL WITH WHOM THE PERSON HAS OR HAS HAD
             A

13    DATING RELATIONSHIP.

14         (iv) AN INDIVIDUAL WITH WHOM THE PERSON IS OR HAS
             ENGAGED IN

15    A SEXUAL RELATIONSHIP.

16         (v) AN INDIVIDUAL TO WHOM THE PERSON IS RELATED OR WAS

17    FORMERLY RELATED BY MARRIAGE.

18         (vi) AN INDIVIDUAL WITH WHOM THE PERSON HAS A CHILD IN

19    COMMON.

20         (vii) THE MINOR CHILD OF AN INDIVIDUAL DESCRIBED IN
             SUBPARA-

21    GRAPHS (i) TO (vi).

22         (F)  (d)  "Fund" means the domestic violence
             prevention and

23    treatment fund created in section 5.

24         (G)  (e)  "Prime sponsor" means a county,
             city, village, or

25    township of this state, or a combination thereof, or a private,

26    nonprofit association or organization.





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