REASON FOR STALKING PPO/MIN. AGE - S.B. 728 (S-2): FLOOR ANALYSIS
Senate Bill 728 (Substitute S-2 as reported)
Sponsor: Senator Valde Garcia
Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act (RJA) to require that a court immediately state in writing the specific reasons for issuing or refusing to issue a personal protection order (PPO) restraining or enjoining stalking activity. If a hearing were held, the court immediately would have to state on the record the specific reasons for issuing or refusing to issue a stalking PPO. The bill also would prohibit a court from issuing a stalking PPO to restrain or enjoin an individual under 10 years old.
The RJA allows an individual to petition the family division of circuit court to enter a PPO to restrain or enjoin another individual from engaging in conduct that is prohibited as stalking under the Michigan Penal Code. Currently, if a court refuses to grant a stalking PPO, it must immediately state in writing the specific reasons for refusal. If a hearing is held, the court immediately must state on the record the specific reasons it refuses to issue a PPO. Under the bill, the requirement that the court state in writing and put on the record its reasons would apply to both issuing and refusing to issue a stalking PPO.
The bill would take effect on April 1, 2002.
MCL 600.2950a - Legislative Analyst: P. Affholter
FISCAL IMPACT
The State Court Administrative Office states that the bill would result in additional processing time for personal protection orders.
Date Completed: 11-1-01 - Fiscal Analyst: B. BowermanFloor\sb728 - Bill Analysis @ http://www.senate.state.mi.us/sfa
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.