HOUSE BILL No. 4708 May 19, 1999, Introduced by Reps. Faunce, Godchaux, Baird, Wojno, Richner, Kowall, Law and Scranton and referred to the Committee on Criminal Law and Corrections. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2529, 2950, and 2950a (MCL 600.2529, 600.2950, and 600.2950a), section 2529 as amended by 1994 PA 403, section 2950 as amended by 1998 PA 477, and section 2950a as amended by 1998 PA 476. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2529. (1) In the circuit court, the following fees 2 shall be paid to the clerk of the court: 3 (a) Before a civil action other than an action brought 4 exclusively under section 2950 or 2950a is commenced, or before 5 the filing of an application for superintending control or for an 6 extraordinary writ, except the writ of habeas corpus, the party 7 bringing the action or filing the application shall pay the sum 8 of $62.00. The clerk at the end of each month shall transmit for 02172'99 * TLG 2 1 each fee collected under this subdivision within the month, 2 $18.75 to the executive secretary of the Michigan judges retire- 3 ment system created by the judges retirement act of 1992,Act4No. 234 of the Public Acts of 1992, being sections 38.2101 to538.2608 of the Michigan Compiled Laws1992 PA 234, MCL 38.2101 6 TO 38.2670; $5.00 to the secretary of the Michigan legislative 7 retirement system for deposit with the state treasurer in the 8 retirement fund created by the Michigan legislative retirement 9 system act,Act No. 261 of the Public Acts of 1957, as amended,10being sections 38.1001 to 38.1060 of the Michigan Compiled Laws11 1957 PA 261, MCL 38.1001 TO 38.1060; $5.25 to the state treasurer 12 for deposit in the general fund; $2.00 to the state treasurer to 13 be credited to the community dispute resolution fund created by 14 the community dispute resolution act,Act No. 260 of the Public15Acts of 1988, being sections 691.1551 to 691.1564 of the Michigan16Compiled Laws1988 PA 260, MCL 691.1551 TO 691.1564; $11.00 to 17 the county treasurer; and the balance of the filing fee to the 18 state treasurer for deposit in the state court fund created by 19 section 151a. Beginning October 1, 1994 and until October 1, 20 1995, the fee required under this subdivision is $72.00. 21 Beginning October 1, 1995 and until October 1, 1996, the fee 22 required under this subdivision is $80.00. Beginning October 1, 23 1996 and until October 1, 1997, the fee required under this sub- 24 division is $90.00. Beginning October 1, 1997, the fee required 25 under this subdivision is $100.00. 26 (b) Before the filing of a claim of appeal or motion for 27 leave to appeal from the district court, probate court, a 02172'99 * 3 1 municipal court, or an administrative tribunal or agency, the sum 2 of $60.00. For each fee collected under this subdivision, the 3 clerk shall transmit $15.00 to the state treasurer for deposit in 4 the state court fund created by section 151a. Beginning 5 October 1, 1994 and until October 1, 1995, the fee required under 6 this subdivision is $70.00. Beginning October 1, 1995 and until 7 October 1, 1996, the fee required under this subdivision is 8 $80.00. Beginning October 1, 1996 and until October 1, 1997, the 9 fee required under this subdivision is $90.00. Beginning 10 October 1, 1997, the fee required under this subdivision is 11 $100.00. 12 (c) If a trial by jury is demanded, the party making the 13 demand at the time shall pay the sum of $60.00. Failure to pay 14 the fee within the time provided in the court rules constitutes a 15 waiver of the right to a jury trial. The sum shall be taxed in 16 favor of the party paying the fee, in case the party recovers a 17 judgment for costs. 18 (d) Before entry of a final judgment in an action for 19 divorce or separate maintenance in which minor children are 20 involved, or the entry of a final judgment in a child custody 21 dispute submitted to the circuit court as an original action, 1 22 of the following sums, which shall be deposited by the county 23 treasurer as provided in section 2530: 24 (i) If the matter was contested or uncontested and was not 25 submitted to domestic relations mediation or investigation by the 26 friend of the court, $30.00. 02172'99 * 4 1 (ii) If the matter was contested or uncontested and was 2 submitted to domestic relations mediation, $50.00. 3 (iii) If the matter was contested or uncontested and the 4 office of the friend of the court conducted an investigation and 5 made a recommendation to the court, $70.00. 6 (e) Except as otherwise provided in this section, upon the 7 filing of a motion OTHER THAN A MOTION TO MODIFY OR TERMINATE A 8 PERSONAL PROTECTION ORDER ISSUED UNDER SECTION 2950 OR 2950A, the 9 sum of $20.00. For each fee collected under this subdivision, 10 the clerk shall transmit $10.00 to the state treasurer for 11 deposit in the state court fund created by section 151a. 12 (f) For services under the direction of the court that are 13 not specifically provided for in this section relative to the 14 receipt, safekeeping, or expending of money, or the purchasing, 15 taking, or transferring of a security, or the collecting of 16 interest on a security, the clerk shall receive the allowance and 17 compensation from the parties as the court may consider just and 18 shall direct by court order, after notice to the parties to be 19 charged. 20 (g) Upon appeal to the court of appeals or the supreme 21 court, the sum of $25.00. 22 (h) The sum of $15.00 as a service fee for each writ of gar- 23 nishment, attachment, execution, or judgment debtor discovery 24 subpoena issued. 25 (2) The sums paid as provided in this section shall be held 26 to be in full for all clerk, entry, and judgment fees in an 27 action from the commencement of the action to and including the 02172'99 * 5 1 issuance and return of the execution or other final process, and 2 are taxable as costs. 3 (3) Except as otherwise provided in this section, the fees 4 shall be paid over to the county treasurer as required by law. 5 (4) The court shall order any of the fees prescribed in this 6 section waived or suspended, in whole or in part, upon a showing 7 by affidavit of indigency or inability to pay. 8 (5) The clerk of the circuit court shall prepare and submit 9 a court filing fee report to the executive secretary of the 10 Michigan judges retirement system created byAct No. 234 of the11Public Acts of 1992THE JUDGES RETIREMENT ACT OF 1992, 1992 PA 12 234, MCL 38.2101 TO 38.2670, at the same time the clerk of the 13 circuit court transmits the portion of the fees collected under 14 this section to the executive secretary. 15 Sec. 2950. (1) Except as provided in subsections (27) and 16 (28), by commencing an independent action to obtain relief under 17 this section, by joining a claim to an action, or by filing a 18 motion in an action in which the petitioner and the individual to 19 be restrained or enjoined are parties, an individual may petition 20 the family division of circuit court to enter a personal protec- 21 tion order to restrain or enjoin a spouse, a former spouse, an 22 individual with whom he or she has had a child in common, an 23 individual with whom he or she has or has had a dating relation- 24 ship, or an individual residing or having resided in the same 25 household as the petitioner from doing 1 or more of the 26 following: 02172'99 * 6 1 (a) Entering onto premises. 2 (b) Assaulting, attacking, beating, molesting, or wounding a 3 named individual. 4 (c) Threatening to kill or physically injure a named 5 individual. 6 (d) Removing minor children from the individual having legal 7 custody of the children, except as otherwise authorized by a cus- 8 tody or parenting time order issued by a court of competent 9 jurisdiction. 10 (e) Purchasing or possessing a firearm. 11 (f) Interfering with petitioner's efforts to remove 12 petitioner's children or personal property from premises that are 13 solely owned or leased by the individual to be restrained or 14 enjoined. 15 (g) Interfering with petitioner at petitioner's place of 16 employment OR EDUCATION or engaging in conduct that impairs 17 petitioner's employment OR EDUCATIONAL relationship or 18 environment. 19 (H) HAVING ACCESS TO INFORMATION IN RECORDS CONCERNING A 20 MINOR CHILD OF BOTH PETITIONER AND RESPONDENT THAT WILL INFORM 21 RESPONDENT ABOUT THE ADDRESS OR TELEPHONE NUMBER OF PETITIONER 22 AND PETITIONER'S MINOR CHILD OR ABOUT PETITIONER'S EMPLOYMENT 23 ADDRESS. 24 (I) ENGAGING IN CONDUCT THAT IS PROHIBITED UNDER SECTION 25 411H OR 411I OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 26 750.411H AND 750.411I. 02172'99 * 7 1 (J)(h)Any other specific act or conduct that imposes 2 upon or interferes with personal liberty or that causes a 3 reasonable apprehension of violence. 4 (2) If the respondent is a person who is issued a license to 5 carry a concealed weapon and is required to carry a weapon as a 6 condition of his or her employment, a police officer certified by 7 theMichigan law enforcement training council act of 19658 COMMISSION ON LAW ENFORCEMENT STANDARDS ACT, 1965 PA 203, MCL 9 28.601 to 28.616, a sheriff, a deputy sheriff or a member of the 10 Michigan department of state police, a local corrections officer, 11 department of corrections employee, or a federal law enforcement 12 officer who carries a firearm during the normal course of his or 13 her employment, the petitioner shall notify the court of the 14 respondent's occupation prior to the issuance of the personal 15 protection order. This subsection does not apply to a petitioner 16 who does not know the respondent's occupation. 17 (3) A petitioner may omit his or her address of residence 18 from documents filed with the court under this section. If a 19 petitioner omits his or her address of residence, the petitioner 20 shall provide the court with a mailing address. 21 (4) The court shall issue a personal protection order under 22 this section if the court determines that there is reasonable 23 cause to believe that the individual to be restrained or enjoined 24 may commit 1 or more of the acts listed in subsection (1). In 25 determining whether reasonable cause exists, the court shall con- 26 sider all of the following: 02172'99 * 8 1 (a) Testimony, documents, or other evidence offered in 2 support of the request for a personal protection order. 3 (b) Whether the individual to be restrained or enjoined has 4 previously committed or threatened to commit 1 or more of the 5 acts listed in subsection (1). 6 (5) A court shall not issue a personal protection order that 7 restrains or enjoins conduct described in subsection (1)(a) if 8 all of the following apply: 9 (a) The individual to be restrained or enjoined is not the 10 spouse of the moving party. 11 (b) The individual to be restrained or enjoined or the 12 parent, guardian, or custodian of the minor to be restrained or 13 enjoined has a property interest in the premises. 14 (c) The moving party or the parent, guardian, or custodian 15 of a minor petitioner has no property interest in the premises. 16 (6) A court shall not refuse to issue a personal protection 17 order solely due to the absence of any of the following: 18 (a) A police report. 19 (b) A medical report. 20 (c) A report or finding of an administrative agency. 21 (d) Physical signs of abuse or violence. 22 (7) If the court refuses to grant a personal protection 23 order, it shall state immediately in writing the specific reasons 24 it refused to issue a personal protection order. If a hearing is 25 held, the court shall also immediately state on the record the 26 specific reasons it refuses to issue a personal protection 27 order. 02172'99 * 9 1 (8) A personal protection order shall not be made mutual. 2 Correlative separate personal protection orders are prohibited 3 unless both parties have properly petitioned the court pursuant 4 to subsection (1). 5 (9) A personal protection order is effective and immediately 6 enforceable when signed by a judge. 7 (10) The court shall designate the law enforcement agency 8 that is responsible for entering the personal protection order 9 into the law enforcement information network as provided by the 10 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 11 28.216. 12 (11) A personal protection order shall include all of the 13 following, and to the extent practicable the following shall be 14 contained in a single form: 15 (a) A statement that the personal protection order has been 16 entered to restrain or enjoin conduct listed in the order and 17 that violation of the personal protection order will subject the 18 individual restrained or enjoined to either of the following: 19 (i) If the respondent is 17 years of age or more, immediate 20 arrest and the civil and criminal contempt powers of the court, 21 and that if he or she is found guilty of criminal contempt, he or 22 she shall be imprisoned for not more than 93 days and may be 23 fined not more than $500.00. 24 (ii) If the respondent is less than 17 years of age, immedi- 25 ate apprehension or being taken into custody, and subject to the 26 dispositional alternatives listed in section 18 of chapter XIIA 27 of the probate code, 1939 PA 288, MCL 712A.18. 02172'99 * 10 1 (b) A statement that the personal protection order is 2 effective and immediately enforceable when signed by a judge. 3 (c) A statement listing the type or types of conduct 4 enjoined. 5 (d) An expiration date stated clearly on the face of the 6 order. 7 (e) A statement that the personal protection order is 8 enforceable anywhere in Michigan by any law enforcement agency. 9 (f) The law enforcement agency designated by the court to 10 enter the personal protection order into the law enforcement 11 information network. 12 (g) For ex parte orders, a statement that the individual 13 restrained or enjoined may file a motion to modify or rescind the 14 personal protection order and request a hearing within 14 days 15 after the individual restrained or enjoined has been served or 16 has received actual notice of the order and that motion forms and 17 filing instructions are available from the clerk of the court. 18 (12) An ex parte personal protection order shall be issued 19 and effective without written or oral notice to the individual 20 restrained or enjoined or his or her attorney if it clearly 21 appears from specific facts shown by verified complaint, written 22 motion, or affidavit that immediate and irreparable injury, loss, 23 or damage will result from the delay required to effectuate 24 notice or that the notice will itself precipitate adverse action 25 before a personal protection order can be issued. 26 (13) A personal protection order issued under subsection 27 (12) is valid for not less than 182 days. The individual 02172'99 * 11 1 restrained or enjoined may file a motion to modify or rescind the 2 personal protection order and request a hearing under the 3 Michigan court rules. The motion to modify or rescind the per- 4 sonal protection order shall be filed within 14 days after the 5 order is served or after the individual restrained or enjoined 6 has received actual notice of the personal protection order 7 unless good cause is shown for filing the motion after the 14 8 days have elapsed. 9 (14) Except as otherwise provided in this subsection, the 10 court shall schedule a hearing on the motion to modify or rescind 11 the ex parte personal protection order within 14 days after the 12 filing of the motion to modify or rescind. If the respondent is 13 a person described in subsection (2) and the personal protection 14 order prohibits him or her from purchasing or possessing a fire- 15 arm, the court shall schedule a hearing on the motion to modify 16 or rescind the ex parte personal protection order within 5 days 17 after the filing of the motion to modify or rescind. 18 (15) The clerk of the court that issues a personal protec- 19 tion order shall dobothALL of the following immediately upon 20 issuance and without requiring a proof of service on the individ- 21 ual restrained or enjoined: 22 (a) File a true copy of the personal protection order with 23 the law enforcement agency designated by the court in the per- 24 sonal protection order. 25 (b) Provide the petitioner with not less than 2 true copies 26 of the personal protection order. 02172'99 * 12 1 (C) IF RESPONDENT IS IDENTIFIED IN THE PLEADINGS AS A LAW 2 ENFORCEMENT OFFICER, NOTIFY THE OFFICER'S EMPLOYING LAW 3 ENFORCEMENT AGENCY, IF KNOWN, ABOUT THE EXISTENCE OF THE PERSONAL 4 PROTECTION ORDER. 5 (D) IF THE PERSONAL PROTECTION ORDER PROHIBITS RESPONDENT 6 FROM PURCHASING OR POSSESSING A FIREARM, NOTIFY THE CONCEALED 7 WEAPON LICENSING BOARD IN RESPONDENT'S COUNTY OF RESIDENCE ABOUT 8 THE EXISTENCE AND CONTENTS OF THE PERSONAL PROTECTION ORDER. 9 (16) The clerk of the court shall inform the petitioner that 10 he or she may take a true copy of the personal protection order 11 to the law enforcement agency designated by the court in subsec- 12 tion (10) to be immediately entered into the law enforcement 13 information network. 14 (17) The law enforcement agency that receives a true copy of 15 the personal protection order under subsection (15) or (16) shall 16 immediately and without requiring proof of service enter the per- 17 sonal protection order into the law enforcement information net- 18 work as provided by the L.E.I.N. policy council act of 1974, 1974 19 PA 163, MCL 28.211 to 28.216. 20 (18) A personal protection order issued under this section 21 shall be served personally or by registered or certified mail, 22 return receipt requested, delivery restricted to the addressee at 23 the last known address or addresses of the individual restrained 24 or enjoined or by any other manner provided in the Michigan court 25 rules. IF THE INDIVIDUAL RESTRAINED OR ENJOINED HAS NOT BEEN 26 SERVED, A LAW ENFORCEMENT OFFICER OR CLERK OF THE COURT WHO KNOWS 27 THAT A PERSONAL PROTECTION ORDER EXISTS MAY, AT ANY TIME, SERVE 02172'99 * 13 1 THE INDIVIDUAL RESTRAINED OR ENJOINED WITH A TRUE COPY OF THE 2 ORDER OR ADVISE THE INDIVIDUAL RESTRAINED OR ENJOINED ABOUT THE 3 EXISTENCE OF THE PERSONAL PROTECTION ORDER, THE SPECIFIC CONDUCT 4 ENJOINED, THE PENALTIES FOR VIOLATING THE ORDER, AND WHERE THE 5 INDIVIDUAL RESTRAINED OR ENJOINED MAY OBTAIN A COPY OF THE ORDER. 6 If the respondent is less than 18 years of age, the parent, 7 guardian, or custodian of that individual shall also be served 8 personally or by registered or certified mail, return receipt 9 requested, delivery restricted to the addressee at the last known 10 address or addresses of the parent, guardian, or custodian of the 11 individual restrained or enjoined. A proof of service OR PROOF 12 OF ORAL NOTICE shall be filed with the clerk of the court issuing 13 the personal protection order. This subsection does not prohibit 14 the immediate effectiveness of a personal protection order or its 15 immediate enforcement under subsections (21) and (22). 16 (19) The clerk of the court shall immediately notify the law 17 enforcement agency that received the personal protection order 18 under subsection (15) or (16) if either of the following occurs: 19 (a) The clerk of the court has received proof that the indi- 20 vidual restrained or enjoined has been served. 21 (b) The personal protection order is rescinded, modified, or 22 extended by court order. 23 (20) The law enforcement agency that receives information 24 under subsection (19) shall enter the information or cause the 25 information to be entered into the law enforcement information 26 network as provided by the L.E.I.N. policy council act of 1974, 27 1974 PA 163, MCL 28.211 to 28.216. 02172'99 * 14 1 (21) Subject to subsection (22), a personal protection order 2 is immediately enforceable anywhere in this state by any law 3 enforcement agency that has received a true copy of the order, is 4 shown a copy of it, or has verified its existence on the law 5 enforcement information network as provided by the 6 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 7 28.216. 8 (22) If the individual restrained or enjoined has not been 9 served, the law enforcement agency or officer responding to a 10 call alleging a violation of a personal protection order shall 11 serve the individual restrained or enjoined with a true copy of 12 the order or advise the individual restrained or enjoinedof13 ABOUT the existence of the personal protection order, the spe- 14 cific conduct enjoined, the penalties for violating the order, 15 and where the individual restrained or enjoined may obtain a copy 16 of the order. The law enforcement officer shall enforce the per- 17 sonal protection order and immediately enter or cause to be 18 entered into the law enforcement information network that the 19 individual restrained or enjoined has actual notice of the per- 20 sonal protection order. THE LAW ENFORCEMENT OFFICER ALSO SHALL 21 FILE A PROOF OF SERVICE OR PROOF OF ORAL NOTICE WITH THE CLERK OF 22 THE COURT ISSUING THE PERSONAL PROTECTION ORDER. If the individ- 23 ual restrained or enjoined has not received notice of the per- 24 sonal protection order, the individual restrained or enjoined 25 shall be given an opportunity to comply with the personal protec- 26 tion order before the law enforcement officer makes a custodial 27 arrest for violation of the personal protection order. The 02172'99 * 15 1 failure to immediately comply with the personal protection order 2 shall be grounds for an immediate custodial arrest. This subsec- 3 tion does not preclude an arrest under section 15 or 15a of 4 chapter IV of the code of criminal procedure, 1927 PA 175, MCL 5 764.15 and 764.15a, or a proceeding under section 14 of chapter 6 XIIA of 1939 PA 288, MCL 712A.14. 7 (23) An individual who is 17 years of age or more and who 8 refuses or fails to comply with a personal protection order under 9 this section is subject to the criminal contempt powers of the 10 court and, if found guilty, EITHER shall be imprisoned for not 11 more than 93 daysandOR SHALL BE PLACED ON PROBATION FOR NOT 12 MORE THAN 2 YEARS. IN ADDITION TO IMPRISONMENT OR PROBATION, THE 13 INDIVIDUAL may be fined not more than $500.00. An individual who 14 is less than 17 years of age and who refuses or fails to comply 15 with a personal protection order issued under this section is 16 subject to the dispositional alternatives listed in section 18 of 17 chapter XIIA of 1939 PA 288, MCL 712A.18. The criminal penalty 18 provided for under this section may be imposed in addition to a 19 penalty that may be imposed for another criminal offense arising 20 from the same conduct. 21 (24) An individual who knowingly and intentionally makes a 22 false statement to the court in support of his or her petition 23 for a personal protection order is subject to the contempt powers 24 of the court. 25 (25) A personal protection order issued under this section 26 is also enforceable under chapter XIIA of 1939 PA 288, MCL 712A.1 02172'99 * 16 1 to 712A.31, and section 15b of chapter IV of the code of criminal 2 procedure, 1927 PA 175, MCL 764.15b. 3 (26) A personal protection order issued under this section 4 is also enforceable under chapter 17. 5 (27) A court shall not issue a personal protection order 6 that restrains or enjoins conduct described in subsection (1) if 7 either of the following applies: 8 (a) Theunemancipatedrespondent is the UNEMANCIPATED 9 minor child of the petitioner. 10 (b) Theunemancipatedpetitioner is the UNEMANCIPATED 11 minor child of the respondent. 12 (28) If the respondent is less than 18 years of age, a court 13 shall not issue a personal protection order under this section; 14 the court shall proceed under section 2 of chapter XIIA of 1939 15 PA 288, MCL 712A.2. 16 (29) A personal protection order that is issued prior to the 17 effective date of the amendatory act that added this subsection 18 is not invalid on the ground that it does not comply with 1 or 19 more of the requirements added by this amendatory act. 20 (30) As used in this section: 21 (a) "Dating relationship" means frequent, intimate associa- 22 tions primarily characterized by the expectation of affectional 23 involvement. This term does not include a casual relationship or 24 an ordinary fraternization between 2 individuals in a business or 25 social context. 26 (b) "Federal law enforcement officer" means an officer or 27 agent employed by a law enforcement agency of the United States 02172'99 * 17 1 government whose primary responsibility is the enforcement of 2 laws of the United States. 3 (c) "Personal protection order" means an injunctive order 4 issued by the circuit court or the family division of circuit 5 court restraining or enjoining activity and individuals listed in 6 subsection (1). 7 Sec. 2950a. (1) Except as provided in subsections (25) and 8 (26), by commencing an independent action to obtain relief under 9 this section, by joining a claim to an action, or by filing a 10 motion in an action in which the petitioner and the individual to 11 be restrained or enjoined are parties, an individual may petition 12 the family division of circuit court to enter a personal protec- 13 tion order to restrain or enjoin an individual from engaging in 14 conduct that is prohibited under section 411h or 411i of the 15 Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i. 16 RELIEF SHALL NOT BE GRANTED UNLESS THE PETITION ALLEGES FACTS 17 THAT CONSTITUTE STALKING AS DEFINED IN SECTION 411H OR 411I OF 18 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.411H AND 750.411I. 19 Relief may be sought and granted under this section whether or 20 not the individual to be restrained or enjoined has been charged 21 or convicted under section 411h or 411i of the Michigan penal 22 code, 1931 PA 328, MCL 750.411h and 750.411i, for the alleged 23 violation. 24 (2) If the respondent is a person who is issued a license to 25 carry a concealed weapon and is required to carry a weapon as a 26 condition of his or her employment, a police officer certified by 27 theMichigan law enforcement training council act of 196502172'99 * 18 1 COMMISSION ON LAW ENFORCEMENT STANDARDS ACT, 1965 PA 203, MCL 2 28.601 to 28.616, a sheriff, a deputy sheriff or a member of the 3 Michigan department of state police, a local corrections officer, 4 a department of corrections employee, or a federal law enforce- 5 ment officer who carries a firearm during the normal course of 6 his or her employment, the petitioner shall notify the court of 7 the respondent's occupation prior to the issuance of the personal 8 protection order. This subsection does not apply to a petitioner 9 who does not know the respondent's occupation. 10 (3) A petitioner may omit his or her address of residence 11 from documents filed with the court pursuant to this section. If 12 a petitioner omits his or her address of residence, the peti- 13 tioner shall provide the court a mailing address. 14 (4) If the court refuses to grant a personal protection 15 order, it shall immediately state in writing the specific reasons 16 it refused to issue a personal protection order. If a hearing is 17 held, the court shall also immediately state on the record the 18 specific reasons it refuses to issue a personal protection 19 order. 20 (5) A personal protection order shall not be made mutual. 21 Correlative separate personal protection orders are prohibited 22 unless both parties have properly petitioned the court pursuant 23 to subsection (1). 24 (6) A personal protection order is effective and immediately 25 enforceable when signed by a judge. 26 (7) The court shall designate the law enforcement agency 27 that is responsible for entering the personal protection order 02172'99 * 19 1 into the law enforcement information network as provided by the 2 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 3 28.216. 4 (8) A personal protection order issued under this section 5 shall include all of the following, and to the extent practicable 6 the following shall be contained in a single form: 7 (a) A statement that the personal protection order has been 8 entered to enjoin or restrain conduct listed in the order and 9 that violation of the personal protection order will subject the 10 individual restrained or enjoined to either of the following: 11 (i) If the respondent is 17 years of age or more, immediate 12 arrest and the civil and criminal contempt powers of the court, 13 and that if he or she is found guilty of criminal contempt, he or 14 she shall be imprisoned for not more than 93 days and may be 15 fined not more than $500.00. 16 (ii) If the respondent is less than 17 years of age, to 17 immediate apprehension or being taken into custody, and subject 18 to the dispositional alternatives listed in section 18 of chapter 19 XIIA of 1939 PA 288, MCL 712A.18. 20 (b) A statement that the personal protection order is effec- 21 tive and immediately enforceable when signed by a judge. 22 (c) A statement listing the type or types of conduct 23 enjoined. 24 (d) An expiration date stated clearly on the face of the 25 order. 26 (e) A statement that the personal protection order is 27 enforceable anywhere in Michigan by any law enforcement agency. 02172'99 * 20 1 (f) The law enforcement agency designated by the court to 2 enter the personal protection order into the law enforcement 3 information network. 4 (g) For ex parte orders, a statement that the individual 5 restrained or enjoined may file a motion to modify or rescind the 6 personal protection order and request a hearing within 14 days 7 after the individual restrained or enjoined has been served or 8 has received actual notice of the personal protection order and 9 that motion forms and filing instructions are available from the 10 clerk of the court. 11 (9) An ex parte personal protection order shall not be 12 issued and effective without written or oral notice to the indi- 13 vidual enjoined or his or her attorney unless it clearly appears 14 from specific facts shown by verified complaint, written motion, 15 or affidavit that immediate and irreparable injury, loss, or 16 damage will result from the delay required to effectuate notice 17 or that the notice will itself precipitate adverse action before 18 a personal protection order can be issued. 19 (10) A personal protection order issued under subsection (9) 20 is valid for not less than 182 days. The individual restrained 21 or enjoined may file a motion to modify or rescind the personal 22 protection order and request a hearing pursuant to the Michigan 23 court rules. The motion to modify or rescind the personal pro- 24 tection order shall be filed within 14 days after the order is 25 served or after the individual restrained or enjoined has 26 received actual notice of the personal protection order unless 02172'99 * 21 1 good cause is shown for filing the motion after the 14 days have 2 elapsed. 3 (11) Except as otherwise provided in this subsection, the 4 court shall schedule a hearing on the motion to modify or rescind 5 the ex parte personal protection order within 14 days after the 6 filing of the motion to modify or rescind. If the respondent is 7 a person described in subsection (2) and the personal protection 8 order prohibits him or her from purchasing or possessing a fire- 9 arm, the court shall schedule a hearing on the motion to modify 10 or rescind the ex parte personal protection order within 5 days 11 after the filing of the motion to modify or rescind. 12 (12) The clerk of the court that issues a personal protec- 13 tion order shall dobothALL of the following immediately upon 14 issuance and without requiring a proof of service on the individ- 15 ual restrained or enjoined: 16 (a) File a true copy of the personal protection order with 17 the law enforcement agency designated by the court in the per- 18 sonal protection order. 19 (b) Provide petitioner with not less than 2 true copies of 20 the personal protection order. 21 (C) IF RESPONDENT IS IDENTIFIED IN THE PLEADINGS AS A LAW 22 ENFORCEMENT OFFICER, NOTIFY THE OFFICER'S EMPLOYING LAW ENFORCE- 23 MENT AGENCY ABOUT THE EXISTENCE OF THE PERSONAL PROTECTION ORDER. 24 (D) IF THE PERSONAL PROTECTION ORDER PROHIBITS RESPONDENT 25 FROM PURCHASING OR POSSESSING A FIREARM, NOTIFY THE CONCEALED 26 WEAPON LICENSING BOARD IN RESPONDENT'S COUNTY OF RESIDENCE ABOUT 27 THE EXISTENCE AND CONTENTS OF THE PERSONAL PROTECTION ORDER. 02172'99 * 22 1 (13) The clerk of the court shall inform the petitioner that 2 he or she may take a true copy of the personal protection order 3 to the law enforcement agency designated by the court in subsec- 4 tion (7) to be immediately entered into the law enforcement 5 information network. 6 (14) The law enforcement agency that receives a true copy of 7 the personal protection order under subsection (12) or (13) shall 8 immediately and without requiring proof of service enter the per- 9 sonal protection order into the law enforcement information net- 10 work, as provided by the L.E.I.N. policy council act of 1974, 11 1974 PA 163, MCL 28.211 to 28.216. 12 (15) A personal protection order issued under this section 13 shall be served personally or by registered or certified mail, 14 return receipt requested, delivery restricted to the addressee at 15 the last known address or addresses of the individual restrained 16 or enjoined or by any other manner provided in the Michigan court 17 rules. IF THE INDIVIDUAL RESTRAINED OR ENJOINED HAS NOT BEEN 18 SERVED, A LAW ENFORCEMENT OFFICER OR CLERK OF THE COURT WHO KNOWS 19 THAT A PERSONAL PROTECTION ORDER EXISTS MAY, AT ANY TIME, SERVE 20 THE INDIVIDUAL RESTRAINED OR ENJOINED WITH A TRUE COPY OF THE 21 ORDER OR ADVISE THE INDIVIDUAL RESTRAINED OR ENJOINED ABOUT THE 22 EXISTENCE OF THE PERSONAL PROTECTION ORDER, THE SPECIFIC CONDUCT 23 ENJOINED, THE PENALTIES FOR VIOLATING THE ORDER, AND WHERE THE 24 INDIVIDUAL RESTRAINED OR ENJOINED MAY OBTAIN A COPY OF THE ORDER. 25 If the respondent is less than 18 years of age, the parent, 26 guardian, or custodian of that individual shall also be served 27 personally or by registered or certified mail, return receipt 02172'99 * 23 1 requested, delivery restricted to the addressee at the last known 2 address or addresses of the parent, guardian, or custodian of the 3 individual restrained or enjoined. A proof of service OR PROOF 4 OF ORAL NOTICE shall be filed with the clerk of the court issuing 5 the personal protection order. This subsection does not prohibit 6 the immediate effectiveness of a personal protection order or its 7 immediate enforcement under subsections (18) and (19). 8 (16) The clerk of the court shall immediately notify the law 9 enforcement agency that received the personal protection order 10 under subsection (12) or (13) if either of the following occurs: 11 (a) The clerk of the court has received proof that the indi- 12 vidual restrained or enjoined has been served. 13 (b) The personal protection order is rescinded, modified, or 14 extended by court order. 15 (17) The law enforcement agency that receives information 16 under subsection (16) shall enter the information or cause the 17 information to be entered into the law enforcement information 18 network as provided by the L.E.I.N. policy council act of 1974, 19 1974 PA 163, MCL 28.211 to 28.216. 20 (18) Subject to subsection (19), a personal protection order 21 is immediately enforceable anywhere in this state by any law 22 enforcement agency that has received a true copy of the order, is 23 shown a copy of it, or has verified its existence on the law 24 enforcement information network as provided by the 25 L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 26 28.216. 02172'99 * 24 1 (19) If the individual restrained or enjoined has not been 2 served, the law enforcement agency or officer responding to a 3 call alleging a violation of a personal protection order shall 4 serve the individual restrained or enjoined with a true copy of 5 the order or advise the individual restrained or enjoinedof6 ABOUT the existence of the personal protection order, the spe- 7 cific conduct enjoined, the penalties for violating the order, 8 and where the individual restrained or enjoined may obtain a copy 9 of the order. The law enforcement officer shall enforce the per- 10 sonal protection order and immediately enter or cause to be 11 entered into the law enforcement information network that the 12 individual restrained or enjoined has actual notice of the per- 13 sonal protection order. THE LAW ENFORCEMENT OFFICER ALSO SHALL 14 FILE A PROOF OF SERVICE OR PROOF OF ORAL NOTICE WITH THE CLERK OF 15 THE COURT ISSUING THE PERSONAL PROTECTION ORDER. If the individ- 16 ual restrained or enjoined has not received notice of the per- 17 sonal protection order, the individual restrained or enjoined 18 shall be given an opportunity to comply with the personal protec- 19 tion order before the law enforcement officer makes a custodial 20 arrest for violation of the personal protection order. The fail- 21 ure to immediately comply with the personal protection order 22 shall be grounds for an immediate custodial arrest. This subsec- 23 tion does not preclude an arrest under section 15 or 15a of chap- 24 ter IV of the code of criminal procedure, 1927 PA 175, MCL 764.15 25 and 764.15a, or a proceeding under section 14 of chapter XIIA of 26 1939 PA 288, MCL 712A.14. 02172'99 * 25 1 (20) An individual who is 17 years of age or more and who 2 refuses or fails to comply with a personal protection order 3 issued under this section is subject to the criminal contempt 4 powers of the court and, if found guilty of criminal contempt, 5 EITHER shall be imprisoned for not more than 93 daysandOR 6 SHALL BE PLACED ON PROBATION FOR NOT MORE THAN 2 YEARS. IN ADDI- 7 TION TO IMPRISONMENT OR PROBATION, THE INDIVIDUAL may be fined 8 not more than $500.00. An individual who is less than 17 years 9 of age and who refuses or fails to comply with a personal protec- 10 tion order issued under this section is subject to the disposi- 11 tional alternatives listed in section 18 of chapter XIIA of 1939 12 PA 288, MCL 712A.18. The criminal penalty provided for under 13 this section may be imposed in addition to any penalty that may 14 be imposed for any other criminal offense arising from the same 15 conduct. 16 (21) An individual who knowingly and intentionally makes a 17 false statement to the court in support of his or her petition 18 for a personal protection order is subject to the contempt powers 19 of the court. 20 (22) A personal protection order issued under this section 21 is also enforceable under chapter XIIA of 1939 PA 288, MCL 712A.1 22 to 712A.31, and section 15b of chapter IV of the code of criminal 23 procedure, 1927 PA 175, MCL 764.15b. 24 (23)Beginning April 1, 1996, aA personal protection 25 order issued under this section may enjoin or restrain an indi- 26 vidual from purchasing or possessing a firearm. 02172'99 * 26 1 (24) A personal protection order issued under this section 2 is also enforceable under chapter 17. 3 (25) A court shall not issue a personal protection order 4 that restrains or enjoins conduct described in subsection (1) if 5 either of the following applies: 6 (a) Theunemancipatedrespondent is the UNEMANCIPATED 7 minor child of the petitioner. 8 (b) Theunemancipatedpetitioner is the UNEMANCIPATED 9 minor child of the respondent. 10 (26) If the respondent is less than 18 years of age, a court 11 shall not issue a personal protection order under this section; 12 the court shall proceed under section 2 of chapter XIIA of 1939 13 PA 288, MCL 712A.2. 14 (27) A personal protection order that is issued prior to the 15 effective date of the amendatory act that added this subsection 16 is not invalid on the ground that it does not comply with 1 or 17 more of the requirements added by that amendatory act. 18 (28) As used in this section: 19 (a) "Federal law enforcement officer" means an officer or 20 agent employed by a law enforcement agency of the United States 21 government whose primary responsibility is the enforcement of 22 laws of the United States. 23 (b) "Personal protection order" means an injunctive order 24 issued by circuit court or the family division of circuit court 25 restraining or enjoining conduct prohibited under section 411h or 26 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 27 750.411i. 02172'99 * 27 1 Enacting section 1. This amendatory act takes effect 2 September 1, 1999. 02172'99 * Final page. TLG