Bill Summary – FastDemocracy

SENATE BILL NO. 810
     April 09, 2024, Introduced by Senators SHINK, BAYER, CHANG, WOJNO and MCMORROW
       and referred to the Committee on Civil Rights, Judiciary, and Public Safety.
          A bill to amend 1961 PA 236, entitled
    "Revised judicature act of 1961,"
    by amending section 2950 (MCL 600.2950), as amended by 2018 PA 146.
                   THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 2950. (1) Except as otherwise provided in subsections
 (26) and (27) and (28), by commencing an independent action to
 obtain relief under this section, by joining a claim to an action,
 or by filing a motion in an action in which the petitioner and the
 individual to be restrained or enjoined are parties, an individual
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 may petition the family division of circuit court to enter a
 personal protection order to restrain or enjoin a spouse, a former
 spouse, an individual with whom he or she has had a child in
 common, an individual with whom he or she has or has had a dating
 relationship, or an individual residing or having resided in the
 same household as the petitioner from doing 1 or more of the
 following:
       (a) Entering onto premises.
       (b) Assaulting, attacking, beating, molesting, or wounding a
 named individual.
       (c) Threatening to kill or physically injure a named
 individual.
       (d) Removing minor children from the individual having legal
 custody of the children, except as otherwise authorized by a
 custody or parenting time order issued by a court of competent
 jurisdiction.
       (e) Purchasing or possessing a firearm.
       (f) Interfering with petitioner's efforts to remove
 petitioner's children or personal property from premises that are
 solely owned or leased by the individual to be restrained or
 enjoined.
       (g) Interfering with petitioner at petitioner's place of
 employment or education or engaging in conduct that impairs
 petitioner's employment or educational relationship or environment.
       (h) If the petitioner is a minor who has been the victim of
 sexual assault, as that term is defined in section 2950a, by the
 respondent and if the petitioner is enrolled in a public or
 nonpublic school that operates any of grades K to 12, attending
 school in the same building as the petitioner.
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       (i) Having access to information in records concerning a minor
 child of both petitioner and respondent that will inform respondent
 about the address or telephone number of petitioner and
 petitioner's minor child or about petitioner's employment address.
       (j) Engaging in conduct that is prohibited under section 411h
 or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and
 750.411i.
       (k) Any of the following with the intent to cause the
 petitioner mental distress or to exert control over the petitioner
 with respect to an animal in which the petitioner has an ownership
 interest:
       (i) Injuring, killing, torturing, neglecting, or threatening to
 injure, kill, torture, or neglect the animal. A restraining order
 that enjoins conduct under this subparagraph does not prohibit the
 lawful killing or other use of the animal as described in section
 50(11) 50(12) of the Michigan penal code, 1931 PA 328, MCL 750.50.
       (ii) Removing the animal from the petitioner's possession.
       (iii) Retaining or obtaining possession of the animal.
       (l) Any other specific act or conduct that imposes upon or
 interferes with personal liberty or that causes a reasonable
 apprehension of violence.
       (2) If the respondent is a person who is issued a license to
 carry a concealed weapon and is required to carry a weapon as a
 condition of his or her employment, a police officer licensed or
 certified by the Michigan commission on law enforcement standards
 act, 1965 PA 203, MCL 28.601 to 28.615, a sheriff, a deputy sheriff
 or a member of the Michigan department of state police, a local
 corrections officer, department of corrections employee, or a
 federal law enforcement officer who carries a firearm during the
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 normal course of his or her employment, the petitioner shall notify
 the court of the respondent's occupation before issuance of the
 personal protection order. This subsection does not apply to a
 petitioner who does not know the respondent's occupation.
       (3) A petitioner may omit his or her address of residence from
 documents filed with the court under this section. If a petitioner
 omits his or her address of residence, the petitioner shall provide
 the court with a mailing address.
       (4) The court shall issue a personal protection order under
 this section if the court determines that there is reasonable cause
 to believe that the individual to be restrained or enjoined may
 commit 1 or more of the acts listed in subsection (1). In
 determining whether reasonable cause exists, the court shall
 consider all of the following:
       (a) Testimony, documents, or other evidence offered in support
 of the request for a personal protection order.
       (b) Whether the individual to be restrained or enjoined has
 previously committed or threatened to commit 1 or more of the acts
 listed in subsection (1).
       (5) A court shall not issue a personal protection order that
 restrains or enjoins conduct described in subsection (1)(a) if all
 of the following apply:
       (a) The individual to be restrained or enjoined is not the
 spouse of the moving party.
       (b) The individual to be restrained or enjoined or the parent,
 guardian, or custodian of the minor to be restrained or enjoined
 has a property interest in the premises.
       (c) The moving party or the parent, guardian, or custodian of
 a minor petitioner has no property interest in the premises.
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       (6) A court shall not refuse to issue a personal protection
 order solely because of the absence of any of the following:
       (a) A police report.
       (b) A medical report.
       (c) A report or finding of an administrative agency.
       (d) Physical signs of abuse or violence.
       (7) If the court refuses to grant a personal protection order,
 it shall state immediately in writing the specific reasons it
 refused to issue a personal protection order. If a hearing is held,
 the court shall also immediately state on the record the specific
 reasons it refuses to issue a personal protection order.
       (8) A court shall not issue a mutual personal protection
 order. Correlative separate personal protection orders are
 prohibited unless both parties have properly petitioned the court
 under subsection (1).
       (9) A personal protection order is effective and immediately
 enforceable anywhere in this state after being signed by a judge.
 Upon service, a personal protection order may also be enforced by
 another state, an Indian tribe, or a territory of the United
 States.
       (10) The issuing court shall designate a law enforcement
 agency that is responsible for entering a personal protection order
 into the law enforcement information network as provided by the
 C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.
       (11) A personal protection order must include all of the
 following, to the extent practicable in a single form:
       (a) A statement that the personal protection order has been
 entered to restrain or enjoin conduct listed in the order and that
 violation of the personal protection order will subject the
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 individual restrained or enjoined to 1 or more of the following:
       (i) If the respondent is 17 years of age or older, immediate
 arrest and the civil and criminal contempt powers of the court and,
 if he or she is found guilty of criminal contempt, imprisonment for
 not more than 93 days and a fine of not more than $500.00.
       (ii) If the respondent is less than 17 years of age, immediate
 apprehension or being taken into custody and the dispositional
 alternatives listed in section 18 of chapter XIIA of the probate
 code of 1939, 1939 PA 288, MCL 712A.18.
       (iii) If the respondent violates the personal protection order
 in a jurisdiction other than this state, the enforcement procedures
 and penalties of the state, Indian tribe, or United States
 territory under whose jurisdiction the violation occurred.
       (b) A statement that the personal protection order is
 effective and immediately enforceable anywhere in this state after
 being signed by a judge and that, upon service, a personal
 protection order also may be enforced by another state, an Indian
 tribe, or a territory of the United States.
       (c) A statement listing the type or types of conduct enjoined.
       (d) An expiration date, consistent with subsection (23),
 stated clearly on the face of the order.
       (e) A statement that the personal protection order is
 enforceable anywhere in this state by any law enforcement agency.
       (f) The name of the law enforcement agency designated by the
 court to enter the personal protection order into the law
 enforcement information network.
       (g) For ex parte orders, a statement that the individual
 restrained or enjoined may file a motion to modify or rescind the
 personal protection order and request a hearing within 14 days
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 after the individual restrained or enjoined has been served or has
 received actual notice of the order and that motion forms and
 filing instructions are available from the clerk of the court.
       (12) A court shall issue an ex parte personal protection order
 without written or oral notice to the individual restrained or
 enjoined or his or her attorney if it clearly appears from specific
 facts shown by a verified complaint, written motion, or affidavit
 that immediate and irreparable injury, loss, or damage will result
 from the delay required to effectuate notice or that the notice
 will itself precipitate adverse action before a personal protection
 order can be issued.
       (13) A personal protection order issued under subsection (12)
 is valid for not less than 182 days. The individual restrained or
 enjoined may file a motion to modify or rescind the personal
 protection order and request a hearing under the Michigan court
 rules. A motion to modify or rescind the personal protection order
 must be filed within 14 days after the order is served or after the
 individual restrained or enjoined has received actual notice of the
 personal protection order unless good cause is shown for filing the
 motion after the 14 days have elapsed.
       (14) Except as otherwise provided in this subsection, the
 court shall schedule a hearing on a motion to modify or rescind the
 ex parte personal protection order within 14 days after the motion
 is filed. If the respondent is a person described in subsection (2)
 and the personal protection order prohibits him or her from
 purchasing or possessing a firearm, the court shall schedule a
 hearing on the motion to modify or rescind the ex parte personal
 protection order within 5 days after the motion is filed.
       (15) The clerk of the court that issues a personal protection
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 order shall do all of the following immediately upon issuance and
 without requiring a proof of service on the individual restrained
 or enjoined:
       (a) File a true copy of the personal protection order with the
 law enforcement agency designated by the court in the personal
 protection order.
       (b) Provide the petitioner with 2 or more true copies of the
 personal protection order.
       (c) If the respondent is identified in the pleadings as a law
 enforcement officer, notify the officer's employing law enforcement
 agency, if known, about the existence of the personal protection
 order.
       (d) If the personal protection order prohibits the respondent
 from purchasing or possessing a firearm, notify the county clerk of
 the respondent's county of residence about the existence and
 contents of the personal protection order.
       (e) If the respondent is identified in the pleadings as a
 department of corrections employee, notify the state department of
 corrections about the existence of the personal protection order.
       (f) If the respondent is identified in the pleadings as being
 a person who may have access to information concerning the
 petitioner or a child of the petitioner or respondent and that
 information is contained in friend of the court records, notify the
 friend of the court for the county in which the information is
 located about the existence of the personal protection order.
       (16) The clerk of the court shall inform the petitioner that
 he or she may take a true copy of the personal protection order to
 the law enforcement agency designated by the court under subsection
 (10) to be immediately entered into the law enforcement information
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 network.
       (17) The law enforcement agency that receives a true copy of a
 personal protection order under subsection (15) or (16) shall
 immediately and without requiring proof of service enter the
 personal protection order into the law enforcement information
 network as provided by the C.J.I.S. policy council act, 1974 PA
 163, MCL 28.211 to 28.215.
       (18) A personal protection order issued under this section
 must be served personally or by registered or certified mail,
 return receipt requested, delivery restricted to the addressee at
 the last known address or addresses of the individual restrained or
 enjoined or by any other manner allowed by the Michigan court
 rules. If the individual restrained or enjoined has not been
 served, a law enforcement officer or clerk of the court who knows
 that a personal protection order exists may, at any time, serve the
 individual restrained or enjoined with a true copy of the order or
 advise the individual restrained or enjoined of the existence of
 the personal protection order, the specific conduct enjoined, the
 penalties for violating the order, and where the individual
 restrained or enjoined may obtain a copy of the order. If the
 respondent is less than 18 years of age, the parent, guardian, or
 custodian of the individual must also be served personally or by
 registered or certified mail, return receipt requested, delivery
 restricted to the addressee at the last known address or addresses
 of the parent, guardian, or custodian. A proof of service or proof
 of oral notice must be filed with the clerk of the court issuing
 the personal protection order. This subsection does not prohibit
 the immediate effectiveness of a personal protection order or its
 immediate enforcement under subsections (21) and (22) and (23).
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       (19) The clerk of the court that issued the personal
 protection order shall immediately notify the law enforcement
 agency that received the personal protection order under subsection
 (15) or (16) if either of the following occurs:
       (a) The clerk of the court receives proof that the individual
 restrained or enjoined has been served.
       (b) The personal protection order is rescinded, modified, or
 extended by court order.
       (20) The law enforcement agency that receives information
 under subsection (19) shall enter the information or cause the
 information to be entered into the law enforcement information
 network as provided by the C.J.I.S. policy council act, 1974 PA
 163, MCL 28.211 to 28.215.
       (21) Subject to subsection (22), a personal protection order
 is immediately enforceable anywhere in this state by any law
 enforcement agency that has received a true copy of the order, is
 shown a copy of it, or has verified its existence on the law
 enforcement information network as provided by the C.J.I.S. policy
 council act, 1974 PA 163, MCL 28.211 to 28.215.
       (22) If the individual restrained or enjoined has not been
 served, a law enforcement agency or officer responding to a call
 alleging a violation of a personal protection order shall serve the
 individual restrained or enjoined with a true copy of the order or
 advise the individual restrained or enjoined of the existence of
 the personal protection order, the specific conduct enjoined, the
 pen