The bill amends the Revised Judicature Act of 1961 by updating Section 2950a and adding new sections 2950d and 2950p to enhance the process for obtaining personal protection orders (PPOs) against individuals engaging in stalking and sexual assault. It establishes a clear procedure for petitioning the family division of the circuit court, requiring the court to provide specific reasons for granting or denying a petition. The bill prohibits mutual PPOs unless both parties have properly petitioned the court, ensuring that the process is fair and just. Additionally, it introduces provisions for the handling of PPOs, including the designation of law enforcement agencies responsible for serving these orders and allowing petitioners to keep their addresses confidential for safety reasons.
Further, the bill outlines the enforcement and service procedures for PPOs, mandating that law enforcement agencies serve these orders personally and make multiple attempts if the first attempt fails. It also requires that if the restrained individual is a minor, their parent or guardian must be served. The bill establishes a personal protection order service fund to cover the costs of serving these orders and clarifies penalties for non-compliance, including potential imprisonment and fines for individuals 17 years or older. It also specifies conditions under which a PPO can restrict firearm possession and ensures immediate enforceability by law enforcement, with proof of service required to be filed with the court. Overall, these amendments aim to strengthen protections against harassment and violence while maintaining due process.
Statutes affected: House Introduced Bill: 600.2950