EXPEDITED PPO HEARING FOR POLICE - S.B. 114 (S-2): FLOOR ANALYSIS

Senate Bill 114 (Substitute S-2 as reported)

Sponsor: Senator Michael J. Bouchard

Committee: Judiciary

CONTENT

The bill would amend the Revised Judicature Act to provide that, if the respondent in an ex parte motion to issue a domestic violence or stalking personal protection order (PPO) were a police officer certified by the Michigan Law Enforcement Training Council Act, a sheriff, a deputy sheriff, a member of the Michigan Department of State Police, or a local corrections officer or a Department of Corrections employee who carried a firearm during the normal course of employment, the petitioner would have to notify the court of the respondent's occupation prior to the issuance of the PPO. The requirement would not apply if the petitioner did not know the respondent's occupation. If the respondent had one of those occupations and the PPO prohibited him or her from purchasing or possessing a firearm, the court would have to schedule a hearing on the motion within five days after its filing. The Act currently requires that a court schedule a hearing on a motion to modify or rescind an ex parte PPO within 14 days after the filing of the motion.

MCL 600.2950 & 600.2950a - Legislative Analyst: P. Affholter

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed: 2-19-97 - Fiscal Analyst: M. Ortiz

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This 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.