HOUSE BILL No. 5206


     October 16, 2001, Introduced by Reps. Whitmer, Murphy, Kolb, Pappageorge, Zelenko, Rivet, Plakas, Basham, Jacobs, Neumann, Pestka,
McConico, Adamini, Rich Brown, Bogardus and Thomas and referred to the Committee on Family and Children 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 2000 PA 442.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 31.  (1) If a person is ordered to pay support under a

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      support order and fails or refuses to obey and perform the order,

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      and if an order of income withholding is inapplicable or unsuc-

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      cessful, a recipient of support or the office of the friend of

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      the court may commence a civil contempt proceeding by filing in

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      the circuit court a petition for an order to show cause why the

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      delinquent payer should not be held in contempt.  If the payer

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      fails to appear in response to an order to show cause, the court

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      may issue a bench warrant requiring that the payer be brought




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      before the court without unnecessary delay to answer and plead to

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      that neglect or refusal.

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           (2) In a bench warrant issued under this section, the court

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      shall require that, upon arrest, unless the payer deposits  a

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      bond or  cash in the manner required by section 32, the payer

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      shall remain in custody until the time of the hearing.  Except as

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      otherwise provided in this section, the  bond or  cash amount

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      shall be set at not less than $500.00 or 25% of the arrearage,

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      whichever is greater.  At its own discretion, the court may add

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      to the amount of the required deposit the amount of the costs the

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      court may require under subsection (3).

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           (3) If the court issues a bench warrant under this section,

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      except for good cause shown on the record, the court shall order

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      the payer to pay the costs related to the hearing, issuance of

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      the warrant, arrest, and further hearings.  Those costs and costs

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      ordered for failure to appear under sections 32 and 44 shall be

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      transmitted to the county treasurer for distribution as required

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      in section 2530 of the revised judicature act of 1961, 1961

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      PA 236, MCL 600.2530.

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           Sec. 32.  (1) If a payer arrested under a bench warrant

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      issued under section 31 cannot be brought before the court within

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      24 hours, the payer may recognize for his or her appearance by

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      leaving with the sheriff or deputy sheriff in charge of the

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      county jail  a bond or  cash in the amount stated on the bench

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      warrant.







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           (2) The officer receiving  a bond or  cash under subsection

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      (1) shall give to the arrested payer a receipt for the  bond or

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      cash on a form as follows:

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      Date_________________________

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      Received from ____________________  a bond or  cash in the amount

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      of __________ dollars to assure the appearance of

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      ____________________ before _______________ circuit court judge

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      in the county of _______________, at _______________ on the _____

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      day of _______________,  19  20__, to respond to an order to show

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      cause why he or she should not be held in contempt for failure or

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      refusal to obey or perform a support order.  If the payer fails

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      to appear at the time and place indicated above, fails to submit

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      to the jurisdiction of the court, and fails to abide by an order

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      of the court, the  bond or  cash deposited shall be transmitted

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      to the friend of the court or to the state disbursement unit for

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      payment of the arrearage to the recipient of support and of costs

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      to the court.  By depositing the  bond or  cash with the officer

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      and accepting this receipt, the recipient of this receipt waives

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      a claim  to the money under the bond or  to the cash following

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      its transmittal to the friend of the court or to the SDU.

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                                      ________________________________

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                                      Officer:______________Dept.:_____

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           (3) The officer receiving the  bond or  cash shall in turn

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      deposit the  bond or  cash received under this section with the

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      clerk of the court that issued the bench warrant.

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           (4) On the basis of the hearing on the order to show cause,

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      the court by order shall determine how much of the  bond or  cash



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      deposited under this section is to be transmitted to the friend

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      of the court or to the SDU for payment to 1 or more recipients of

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      support and shall return the balance, if any, to the payer.

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           (5) If the payer fails to appear as required, the court

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      shall transmit the  bond or  cash to the friend of the court or

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      to the SDU for payment to 1 or more recipients of support and to

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      the county treasurer for distribution as provided in section 31.

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      In addition, the court may again issue a bench warrant for the

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      further appearance of the payer.

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           (6) If the payer does not post the  bond or  cash under this

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      section and remains in custody, the court shall hold the show

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      cause hearing within  48  72 hours after the arrest.
































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