November 28, 2017, Introduced by Reps. Neeley, Sneller, Durhal, Gay-Dagnogo, Moss, Faris, Ellison, Graves, Rendon, Brinks, Schor, Chirkun, Hammoud, Pagan, Guerra, Phelps, Scott, Chang, Lasinski and Geiss and referred to the Committee on Law and Justice.
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 domestic
violence prevention and treatment fund and provide for its use; to
prescribe powers and duties of the family independence agency; to
prescribe immunities and liabilities of certain persons and
officials; and to prescribe penalties for violations of this act,"
by amending the title and sections 1, 2, and 4 (MCL 400.1501,
400.1502, and 400.1504), the title as amended by 2001 PA 192 and
section 1 as amended by 2000 PA 84.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for the prevention and treatment of domestic
and sexual violence; to develop and establish policies, procedures,
and standards for providing domestic and sexual violence assistance
programs
and services; to create a declare
the powers and duties of
the domestic and sexual violence prevention and treatment board;
and
prescribe its powers and duties; to
establish a domestic
violence prevention and treatment fund and provide for its use; to
prescribe
provide for the powers and duties of the family
independence
agency; certain state
governmental officers and
entities; to prescribe immunities and liabilities of certain
persons and officials; and to prescribe penalties for violations of
this act.
Sec. 1. As used in this act:
(a) "Board" means the domestic and sexual violence prevention
and
treatment board created in section 2.created under Executive
Order No. 2012-17.
(b) "Dating relationship" means frequent, intimate
associations primarily characterized by the expectation of
affectional involvement. Dating relationship does not include a
casual relationship or an ordinary fraternization between 2
individuals in a business or social context.
(c)
"Department" means the family independence
agency.department of health and human services.
(d) "Domestic violence" means the occurrence of any of the
following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to
a family or household member.
(ii) Placing a family or household member in fear of physical
or mental harm.
(iii) Causing or attempting to cause a family or household
member to engage in involuntary sexual activity by force, threat of
force, or duress.
(iv) Engaging in activity toward a family or household member
that would cause a reasonable person to feel terrorized,
frightened, intimidated, threatened, harassed, or molested.
(e) "Family or household member" includes any of the
following:
(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has
resided.
(iii) An individual with whom the person has or has had a
dating relationship.
(iv) An individual with whom the person is or has engaged in a
sexual relationship.
(v) An individual to whom the person is related or was
formerly related by marriage.
(vi) An individual with whom the person has a child in common.
(vii) The minor child of an individual described in
subparagraphs (i) to (vi).
(f) "Fund" means the domestic violence prevention and
treatment fund created in section 5.
(g) "Prime sponsor" means a county, city, village, or township
of this state, or a combination thereof, or a private, nonprofit
association or organization.
Sec. 2. (1) The domestic and sexual violence prevention and
treatment
board is created in the department. The board shall
consist
under Executive Order No. 2012-17
consists of 7 members,
all
of whom shall must have experience in an area related to the
problems of domestic or sexual violence. The members shall be
appointed by the governor with the advice and consent of the
senate.
(2)
The term Members of office of a member the board shall be
serve
for terms of 3 years , except that
: of the members first
appointed , 2 shall serve for a term of 1 year, 2 shall serve
for a
term
of 2 years, and 1 shall serve for a term of 3 years. ;
and of
the
2 additional members appointed under this 1979 amendatory act,
1
shall serve for a term of 2 years and 1 shall serve for a term of
3
years. A member appointed to fill a
vacancy occurring other than
by
expiration of a term shall must
be appointed for the remainder
of the unexpired term.
(3) The governor shall designate 1 member of the board to
serve
as chairperson. A majority of the members shall of the board
constitute a quorum.
(4) The per diem compensation of the board and the schedule
for
reimbursement of expenses shall will
be established annually by
the legislature.
Sec. 4. The department shall provide staff to enable the board
to carry out the following powers and duties established under
Executive Order No. 2012-17:
(a) Coordinate and monitor programs and services funded under
this act for the prevention of domestic and sexual violence and the
treatment of victims of domestic and sexual violence.
(b) Develop standards for the implementation and
administration of services and procedures to prevent domestic and
sexual violence and to provide services and programs for victims of
domestic and sexual violence.
(c) Provide planning and technical assistance to prime
sponsors for the development, implementation, and administration of
programs and services for the prevention of domestic and sexual
violence and the treatment of victims of domestic and sexual
violence.
(d) Conduct research to develop and implement effective means
for preventing domestic and sexual violence and treating victims of
domestic and sexual violence.
(e) Provide assistance to the department of state police in
developing a system for monitoring and maintaining a uniform
reporting system to provide accurate statistical data on domestic
and sexual violence.
(f) Coordinate educational and public informational programs
for the purpose of developing appropriate public awareness
regarding the problems of domestic and sexual violence; encourage
professional persons and groups to recognize and deal with problems
of domestic and sexual violence; to make information about the
problems of domestic and sexual violence available to the public,
and
organizations, and
agencies which that deal with problems of
domestic and sexual violence; and encourage the development of
community programs to prevent domestic and sexual violence and
provide services to victims of domestic and sexual violence.
(g) Study and recommend changes in civil and criminal laws and
procedures
which that will enable victims of domestic and sexual
violence to receive equitable and fair treatment under the law.
(h) Advise the legislature and governor on the nature,
magnitude, and priorities of the problem of domestic and sexual
violence and the needs of victims of domestic and sexual violence;
and
recommend appropriate changes in state laws and programs ,
statutes,
related to domestic and
sexual violence.
(i)
Develop policies, budgets, and
standards which that will
reduce the problem of domestic and sexual violence and improve the
condition of victims.
(j) Administer grants awarded pursuant to 34 USC 12291 to
20126, the family violence prevention and services act, 42 USC
10401 to 10414, and other governmental or nongovernmental grants
designated by the department.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.