HOUSE BILL No. 4008 January 8, 1997, Introduced by Reps. Birkholz and Fitzgerald and referred to the Committee on Judiciary. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15f of chapter IV (MCL 764.15f), as amended by 1996 PA 418. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER IV 2 Sec. 15f. (1) A peace officer, without a warrant, may 3 arrest and take into custody a person if the peace officer has 4 reasonable cause to believe all of the following exist: 5 (a) The probate court before January 1, 1998 or the family 6 division of circuit court on or after January 1, 1998 has issued 7 an order under section13a(4)13A(3) of chapter XIIA ofAct8No. 288 of the Public Acts of 1939, being section 712A.13a of the9Michigan Compiled Laws1939 PA 288, MCL 712A.13A, stating on its 10 face the period of time for which the order is valid. 00072'97 a GWH 2 1 (b) A true copy of the order and proof of service has been 2 filed with the law enforcement agency having jurisdiction of the 3 area in which the person having custody of the child pursuant to 4 section13a(4)13A(3) of chapter XIIA ofAct No. 288 of the5Public Acts of 19391939 PA 288, MCL 712A.13A, resides. 6 (c) The person named in the order has received notice of the 7 order. 8 (d) The person named in the order is acting in violation of 9 the order. 10 (e) The order states on its face that a violation of its 11 terms subjects the person to criminal contempt of court and, if 12 found guilty, the person shall be imprisoned for not more than 90 13 days and may be fined not more than $500.00. 14 (2) If a peace officer arrests a person under this section, 15 the peace officer shall do all of the following: 16 (a) Prepare a complaint of violation of the order substan- 17 tially in the following format: 00072'97 a 3 1 COMPLAINT OF VIOLATION OF CHILD PROTECTIVE ORDER 2 I _______________ am a peace officer. I have determined by: 3 (name) 4 ____L.E.I.N. and verification with the police agency holding 5 the order 6 ____Certified or true copy of order 7 ____Other (Describe)___________________________________________ 8 That_____________ family division of circuit court 9 (county) 10 11 ordered ________________ 12 (name) 13 not to enter the following premises: 14 I have reasonable cause to believe that on_____________________ 15 (date) 16 at ________ the person subject to the order violated the order 17 (time) 18 as follows: 19 (state violations) 20 __________________________ 21 (Signature of officer) 22 __________________________ 23 (Date) 24 (b) Provide 1 copy of the complaint to the person subject to 25 the order and the original and 1 copy to the court that imposed 26 the conditions. The law enforcement agency shall retain 1 copy 27 of the complaint. 28 (3) A person arrested pursuant to this section shall be 29 brought before the family division of circuit court having 30 jurisdiction in the cause within 24 hours after arrest to answer 00072'97 a 4 1 to a charge of contempt for violation of the order, at which time 2 the court shall do each of the following: 3 (a) Set a time certain for a hearing on the alleged viola- 4 tion of the order. The hearing shall be conducted within 72 5 hours after arrest, unless extended by the court on the motion of 6 the arrested person. 7 (b) Set a reasonable bond pending a hearing of the alleged 8 violation of the order. 9 (c) Notify the person having custody of the child under sec- 10 tion13a(4)13A(3) of chapter XIIA ofAct No. 288 of the11Public Acts of 19391939 PA 288, MCL 712A.13A, and direct that 12 person to appear at the hearing and give evidence on the charge 13 of contempt. 14 (4) For purposes of this section, a judge of the family 15 division of circuit court may arraign, take a plea, or sentence 16 the person for criminal contempt in the same manner that the cir- 17 cuit court may arraign, take a plea, or sentence a person in 18 other criminal cases. 19 (5) If a judge of the family division of circuit court is 20 not present or available within 24 hours after arrest, a person 21 arrested under this section shall be taken before the district 22 court within 24 hours after arrest, at which time the district 23 court shall order the defendant to appear before the family divi- 24 sion of circuit court that entered or has jurisdiction over the 25 order for a hearing on the charge. The district court shall set 26 bond for the person. 00072'97 a 5 1 (6) Upon receipt of a true copy of an order and proof of 2 service under this section, the law enforcement agency shall 3 enter the order into the law enforcement information network as 4 provided by the L.E.I.N. policy council act of 1974,Act No. 1635of the Public Acts of 1974, being sections 28.211 to 28.216 of6the Michigan Compiled Laws1974 PA 163, MCL 28.211 TO 28.216. 7 (7) If an order entered under section13a(4)13A(3) of 8 chapter XIIA ofAct No. 288 of the Public Acts of 19391939 PA 9 288, MCL 712A.13A, is rescinded, the court shall immediately 10 order the law enforcement agency to remove the order from the law 11 enforcement information network. 12 (8) UNTIL JANUARY 1, 1998, A REFERENCE IN THIS SECTION TO 13 THE FAMILY DIVISION OF CIRCUIT COURT MEANS THE PROBATE COURT. 14 Enacting section 1. This amendatory act does not take 15 effect unless Senate Bill No. ______ or House Bill No. ______ 16 (request no. 00072'97) of the 89th Legislature is enacted into 17 law. 00072'97 a Final page. GWH