EXPANSION OF REASONS FOR PPO H.B. 4221 & 4222 (H-3):
FLOOR SUMMARY
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House Bill 4221 (as reported without amendment)
House Bill 4222 (Substitute H-3 as reported without amendment)
Sponsor: Representative Kate Ebli
House Committee: Judiciary
Senate Committee: Judiciary
CONTENT
House Bill 4221 would amend the handgun licensure Act to revise citations to various statutes regarding the qualification of an applicant for a license to purchase, carry, possess, or transport a pistol.
House Bill 4222 (H-3) would amend the Revised Judicature Act (RJA) to:
-- Allow a court to issue a personal protection order (PPO) for cyberstalking activity.
-- Allow a court to issue a PPO restraining or enjoining a person convicted of sexual assault or furnishing obscene material to a minor.
-- Allow a court to issue a PPO if a petitioner were subjected to, threatened with, or placed in reasonable apprehension of sexual assault.
-- Limit the admissibility of evidence of a petitioner's sexual conduct in any hearing on a PPO petition relating to sexual assault or furnishing obscene material to a minor.
For PPO petitions for sexual assault or furnishing obscene material to a minor, the court could restrain or enjoin an individual from one or more of the following:
-- Entering onto premises, or appearing at the petitioner's workplace or residence.
-- Threatening to sexually assault, kill, or injure the petitioner or a named individual.
-- Purchasing or possessing a firearm.
-- Interfering with the petitioner's efforts to remove his or her children or personal property from premises owned or leased by the individual to be restrained or enjoined.
-- Interfering with the petitioner at his or her place of employment or education or engaging in conduct that impaired the petitioner's employment or educational relationship or environment.
-- Following or appearing within the sight of the petitioner in a public or private place.
-- Entering onto or remaining on property owned, leased, or occupied by the petitioner.
-- Phoning the petitioner, or sending mail or electronic communications to the petitioner.
-- Placing an object on, or delivering an object to, the petitioner's property.
-- Engaging in cyberstalking conduct.
-- Any other specific act or conduct that imposed upon or interfered with personal liberty or that caused a reasonable apprehension of violence or sexual assault.
The bills are tie-barred.
MCL 28.422 (H.B. 4221) Legislative Analyst: Patrick Affholter
600.2950a (H.B. 4222)
FISCAL IMPACT
The bills would have an indeterminate impact on State and local units of government.
Date Completed: 3-10-10 Fiscal Analyst: Bill Bowerman
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4221&4222/0910