SENATE BILL NO. 757 September 28, 1999, Introduced by Senators BULLARD, YOUNG, MC COTTER, ROGERS, NORTH, HAMMERSTROM, MC MANUS and DINGELL and referred to the Committee on Families, Mental Health and Human Services. A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 31 and 32 (MCL 552.631 and 552.632), as amended by 1996 PA 301. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 31. (1) IfanyA personhas beenIS ordered to pay 2 support under a support order and fails or refuses to obey and 3 perform the order, and if an order of income withholding is inap- 4 plicable or unsuccessful, a recipient of support or the office of 5 the friend of the court may commence a civil contempt proceeding 6 by filing in the circuit court a petition for an order to show 7 cause why the delinquent payer should not be held in contempt. 8 If the payer fails to appear in response to an order to show 9 cause, the court may issue a bench warrant requiring that the 10 payer be brought before the court without unnecessary delay to 03791'99 GWH 2 1 answer and plead to that neglect or refusal. THE BENCH WARRANT 2 SHALL REQUIRE THE PAYER TO DEPOSIT A BOND OF THE AMOUNT OF THE 3 ARREARAGE IN ACCORDANCE WITH SECTION 32. 4 (2) If the court issues a bench warrant under this section, 5 except for good cause shown on the record, the court shall order 6 the payer to pay the costs related to the hearing, issuance of 7 the warrant, arrest, and further hearings. Those costs and costs 8 ordered for failure to appear under sections 32 and 44 shall be 9 transmitted to the county treasurer for distribution as required 10 in section 2530 ofAct No. 236 of the Public Acts of 1961, being11section 600.2530 of the Michigan Compiled LawsTHE REVISED JUDI- 12 CATURE ACT OF 1961, 1961 PA 236, MCL 600.2530. 13 Sec. 32. (1) A payer who is arrested under a bench warrant 14issued after June 30, 1983,under section 31 and who cannot be 15 brought before the court within 24 hours may recognize for his or 16 her appearance by leaving with the sheriff or deputy sheriff in 17 charge of the county jail asum of moneyBOND in the amount 18determined by the court and stated in the bench warrant but not19to exceed the amountof arrearage under the support order that 20 is stated on the bench warrant plus, IF THE COURT ORDERS IN THE 21 BENCH WARRANT, costs that may be ordered if the payer fails to 22 appear. 23(2) A payer who is arrested under a bench warrant issued24before July 1, 1983, and who cannot be brought before the court25within 24 hours may recognize for his or her appearance by leav-26ing with the sheriff or deputy sheriff in charge of the county27jail a sum of money determined as follows:03791'99 3 1(a) If the amount of the bond is specified on the bench2warrant, that specified amount.3(b) If the amount of the bond is not specified on the bench4warrant, the payer shall be taken without unnecessary delay5before the most convenient district judge or district court mag-6istrate to determine the amount of the bond.7 (2)(3)The officer receiving thedepositBOND shall 8 give to the arrested payer a receipt for themoney soBOND 9 deposited with the officer on a form as follows: 10 Date__________ 11 Received from ____________________the sumA BOND IN THE 12 AMOUNT of __________ dollarsas cash bailto assure the appear- 13 ance of ____________________ before _______________ circuit court 14 judge in the county of _______________, at _______________ on the 15 _____ day of _______________, 19__, to respond to an order to 16 show cause why he or she should not be held in contempt for fail- 17 ure or refusal to obey or perform a support order. If the payer 18 fails to appear at the time and place indicated above, to submit 19 to the jurisdiction of the court, and to abide by any order of 20 the court, themoneyBOND deposited shall betransmitted to21 USED BY the friend of the court for payment of the arrearage to 22 the recipient of support and of costs to the court. By deposit- 23 ing themoneyBOND with the officer and accepting this receipt, 24 the recipient of this receipt waives any and all claim to the 25 money UNDER THE BOND following its transmittal to the friend of 26 the court. 03791'99 4 1 ________________________________ 2 Officer:______________Dept.:_____ 3 (3)(4)The officer receiving thedepositBOND shall in 4 turn deposit the bond received under this section with the clerk 5 of the court that issued the bench warrant. 6 (4)(5)On the basis of the hearing on the order to show 7 cause, the court by order shall determine how much of themoney8 BOND deposited under this section is to be transmitted to the 9 friend of the court for payment to 1 or more recipients of sup- 10 port and shall return the balance, if any, to the payer. 11 (5)(6)If the payer fails to appear as required, the 12 court shall transmit thedepositBOND to the friend of the 13 court for payment to 1 or more recipients of support and to the 14 county treasurer for distribution as provided in section 31. In 15 addition the court may again issue a bench warrant for the fur- 16 ther appearance of the payer. 03791'99 Final page. GWH