SENATE BILL NO. 612

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 2950a (MCL 600.2950a), as amended by 2018 PA 146, and by adding sections 2950d and 2950p.

the people of the state of michigan enact:

Sec. 2950a. (1) Except as provided in subsections (27), (28), and (30), (29), and (31), 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 may petition the family division of circuit court to enter a personal protection order to restrain or enjoin an individual from engaging in conduct that is prohibited under section 411h, 411i, or 411s of the Michigan penal code, 1931 PA 328, MCL 750.411h, 750.411i, and 750.411s. A court shall not grant relief under this subsection unless the petition alleges facts that constitute stalking as defined in section 411h or 411i, or conduct that is prohibited under section 411s, of the Michigan penal code, 1931 PA 328, MCL 750.411h, 750.411i, and 750.411s. Relief may be sought and granted under this subsection whether or not the individual to be restrained or enjoined has been charged or convicted under section 411h, 411i, or 411s of the Michigan penal code, 1931 PA 328, MCL 750.411h, 750.411i, and 750.411s, for the alleged violation.

(2) Except as provided in subsections (27), (28), and (30), (29), and (31), 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 may petition the family division of circuit court to enter a personal protection order to restrain or enjoin an individual from engaging in any of the following:

(a) One or more of the acts listed in subsection (3), if the respondent has been convicted of a sexual assault of the petitioner, or the respondent has been convicted of furnishing obscene material to the petitioner under section 142 of the Michigan penal code, 1931 PA 328, MCL 750.142, or a substantially similar law of the United States, another state, or a foreign country or tribal or military law. A court shall grant relief under this subdivision if the court determines that the respondent has been convicted of a sexual assault of the petitioner or that the respondent was convicted of furnishing obscene material to the petitioner under section 142 of the Michigan penal code, 1931 PA 328, MCL 750.142, or a substantially similar law of the United States, another state, or a foreign country or tribal or military law.

(b) One or more of the acts listed in subsection (3), if the petitioner has been subjected to, threatened with, or placed in reasonable apprehension of sexual assault by the individual to be enjoined. A court shall not grant relief under this subdivision unless the petition alleges facts that demonstrate that the respondent has perpetrated or threatened sexual assault against the petitioner. Evidence that a respondent has furnished obscene material to a minor petitioner is evidence that the respondent has threatened sexual assault against the petitioner. Relief may be sought and granted under this subdivision regardless of whether the individual to be restrained or enjoined has been charged with or convicted of sexual assault or an offense under section 142 of the Michigan penal code, 1931 PA 328, MCL 750.142, or a substantially similar law of the United States, another state, or a foreign country or tribal or military law.

(3) The court may restrain or enjoin an individual against whom a protection order is sought under subsection (2) from 1 or more of the following:

(a) Entering onto premises.

(b) Threatening to sexually assault, kill, or physically injure petitioner or a named individual.

(c) Purchasing or possessing a firearm.

(d) Interfering with the petitioner's efforts to remove the petitioner's children or personal property from premises that are solely owned or leased by the individual to be restrained or enjoined.

(e) Interfering with the petitioner at the petitioner's place of employment or education or engaging in conduct that impairs the petitioner's employment or educational relationship or environment.

(f) Following or appearing within the sight of the petitioner.

(g) Approaching or confronting the petitioner in a public place or on private property.

(h) Appearing at the petitioner's workplace or residence.

(i) Entering onto or remaining on property owned, leased, or occupied by the petitioner.

(j) Contacting the petitioner by telephone.

(k) If the petitioner is a minor who 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.

(l) Sending mail or electronic communications to the petitioner.

(m) Placing an object on, or delivering an object to, property owned, leased, or occupied by the petitioner.

(n) Engaging in conduct that is prohibited under section 411s of the Michigan penal code, 1931 PA 328, MCL 750.411s.

(o) Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence or sexual assault.

(4) Section 520j of the Michigan penal code, 1931 PA 328, MCL 750.520j, applies in any hearing on a petition for, a motion to modify or terminate, or an alleged violation of a personal protection order requested or issued under subsection (2), except as follows:

(a) The written motion and offer of proof must be filed at least 24 hours before a hearing on a petition to issue a personal protection order or on an alleged violation of a personal protection order.

(b) The written motion and offer of proof must be filed at the same time that a motion to modify or terminate a personal protection order is filed.

(5) If the respondent to a petition under this section is an individual 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, a department of corrections employee, or a federal law enforcement officer who carries a firearm during the normal course of his or her employment, the petitioner shall notify the court of the respondent's occupation before the personal protection order is issued. This subsection does not apply to a petitioner who does not know the respondent's occupation.

(6) A petitioner may omit his or her the petitioner's address of residence from documents filed with the court under this section. If a petitioner omits his or her the petitioner's address of residence, the petitioner shall provide the court a mailing address.

(7) If a court issues or refuses to issue a personal protection order, the court shall immediately state in writing the specific reasons for issuing or refusing to issue the personal protection order. If a hearing is held, the court shall also immediately state on the record the specific reasons for issuing or refusing 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) or (2).

(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 also may be enforced by another state, an Indian tribe, or a territory of the United States.

(10) The court that issues a personal protection order shall designate in the order a law enforcement agency that is responsible for entering the personal protection order into the L.E.I.N.

(11) The court that issues a personal protection order shall designate in the order a law enforcement agency that is responsible for serving the order, and the petition and notice of hearing, if applicable, on the respondent. However, this subsection does not bar any other law enforcement agency from serving these documents.

(12) (11) A personal protection order issued under this section 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 enjoin or restrain conduct listed in the order and that violation of the personal protection order will subject the 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. If the respondent is found guilty of criminal contempt, he or she the respondent must be imprisoned for not more than 93 days and may be fined 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 on 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 each type of conduct enjoined.

(d) An expiration date 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 L.E.I.N.

(g) The name of the law enforcement agency designated by the court to serve the personal protection order on the respondent.

(h) (g) For an ex parte order, 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 after the individual restrained or enjoined is served or receives actual notice of the personal protection order and that motion forms and filing instructions are available from the clerk of the court.

(13) (12) A court shall not issue a personal protection order ex parte without written or oral notice to the individual enjoined or his or her the individual's attorney unless 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 precipitate adverse action before a personal protection order can be issued.

(14) (13) A personal protection order issued under subsection (12) (13) 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 receives actual notice of the personal protection order unless good cause is shown for filing the motion after 14 days have elapsed.

(15) (14) Except as otherwise provided in this subsection, a court shall schedule a hearing on a motion to modify or rescind an ex parte personal protection order within 14 days after the motion to modify or rescind is filed. If the respondent is a person described in subsection (5) 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 to modify or rescind is filed.

(16) (15) The clerk of the court that issues a personal protection order shall do all of the following immediately upon issuance without requiring proof of service on the individual restrained or enjoined:

(a) File Transmit a true copy of the personal protection order with to the law enforcement agency or agencies designated by the court in the personal protection order under subsections (10) and (11).

(b) Provide the petitioner with 2 or more true copies of the personal protection order at no cost to the petitioner.

(c) Inform the petitioner that the personal protection order and the petition and notice of hearing, if applicable, must be served immediately and at no charge to the petitioner by the law enforcement agency designated by the court under subsection (11).

(d) (c) If the individual restrained or enjoined is identified in the pleadings as a law enforcement officer, notify the officer's employing law enforcement agency of the existence of the personal protection order.

(e) (d) If the personal protection order prohibits the individual restrained or enjoined from purchasing or possessing a firearm, notify the county clerk of the individual's county of residence of the existence and content of the personal protection order.

(f) (e) If the individual restrained or enjoined is identified in the pleadings as a department of corrections employee, notify the department of corrections of the existence of the personal protection order.

(g) (f) If the individual restrained or enjoined is identified in the pleadings as a person who may have access to information concerning the petitioner or a child of the petitioner or individual 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 of the existence of the personal protection order.

(17) (16) The clerk of a court that issues a personal protection order shall inform the petitioner that he or she the petitioner 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 L.E.I.N.

(18) (17) The law enforcement agency that receives a true copy of a personal protection order under subsection (15) or (16) or (17) shall immediately, without requiring proof of service, enter the personal protection order into the L.E.I.N.

(19) (18) A personal protection order issued under this section must be served personally, 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 method allowed by the Michigan court rules. as provided in section 2950d. 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 individual restrained or enjoined 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 immediate enforcement under subsection (21) or (22) or (23).

(20) (19) The clerk of the court that issued a personal protection order shall immediately notify the law enforcement agency that received the personal protection order under subsection (15) or (16) or (17) if either or both of the following occur:

(a) The clerk of the court receives proof that the individual restrained or enjoined has been served. This subdivision does not apply if the law enforcement agency that received the personal protection order serves the personal protection order.

(b) The personal protection order is rescinded, modified, or extended by court order.

(21) (20) The law enforcement agency that receives information under subsection (19) (20) shall enter the information or cause the information to be entered into the L.E.I.N.

(22) (21) Subject to subsection (22), (23), 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 L.E.I.N.

(23) (22) If the individual restrained or enjoined by a personal protection order has not been served, a law enforcement agency or officer responding to a call alleging a violation of the 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 penalties for violating the order, and where the individual restrained or enjoined may obtain a copy of the order. The law enforcement officer shall enforce the personal protection order and immediately enter or cause to be entered into the L.E.I.N. that the individual restrained or enjoined has actual notice of the personal protection order. The law enforcement officer also shall file a proof of service or proof of oral notice with the clerk of the court that issued the personal protection order. If the individual restrained or enjoined has not received notice of the personal protection order, the individual restrained or enjoined must be given an opportunity to comply with the personal protection order before the law enforcement officer makes a custodial arrest for violation of the personal protection order. Failure to immediately comply with the personal protection order is grounds for an immediate custodial arrest. This subsection does not preclude an arrest under section 15 or 15a of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.15 and 764.15a, or a proceeding under section 14 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.14.

(24) (23) An individual 17 years of age or older who refuses or fails to comply with a personal protection order issued under this section is subject to the criminal contempt powers of the court and, if found guilty of criminal contempt, must be imprisoned for not more than 93 days and may be fined not more than $500.00. An individual less than 17 years of age who refuses or fails to comply with a personal protection order issued under this section is subject to the dispositional alternatives listed in section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18. The criminal penalty under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct.

(25) (24) An individual who knowingly and intentionally makes a false statement to a court in support of his or her the individual's petition for a personal protection order is subject to the contempt powers of the court.

(26) (25) A personal protection order issued under this section is also enforceable under section 15b of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.15b, and chapter 17.

(27) (26) A personal protection order issued under this section may enjoin or restrain an individual from purchasing or possessing a firearm.

(28) (27) A court shall not issue a personal protection order that restrains or enjoins conduct described in subsection (1) or (3) if any of the following apply:

(a) The respondent is the unemancipated minor child of the petitioner.

(b) The petitioner is the unemancipated minor child of the respondent.

(c) The respondent is a minor child less than 10 years of age.

(29) (28) If the respondent is less than 18 years old, issuance of a personal protection order under this section is subject to chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32.

(30) (29) A personal protection order issued before March 1, 1999 is not invalid on the ground that it does not comply with 1 or more of the requirements added by 1998 PA 476.

(31) (30) A court shall not issue a personal protection order under this section if the petitioner is a prisoner. If a personal protection order is issued in violation of this subsection, a court shall rescind the personal protection order upon notification and verification that the petitioner is a prisoner.

(32) (31) As used in this section:

(a) "Convicted" means 1 of the following:

(i) The subject of a judgment of conviction or a probation order entered in a court that has jurisdiction over criminal offenses, including a tribal court or a military court.

(ii) Assigned to youthful trainee status under sections 11 to 15 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15, if the individual's status of youthful trainee is revoked and an adjudication of guilt is entered.

(iii) The subject of an order of disposition entered under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18, that is open to the general public under section 28 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.28.

(iv) The subject of an order of disposition or other adjudication in a juvenile matter in another state or country.

(b) "Federal law enforcement officer" means an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility is the enforcement of laws of the United States.

(c) "L.E.I.N." means the law enforcement information network administered under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(d) "Personal protection order" means an injunctive order issued by the family division of circuit court restraining or enjoining conduct prohibited under subsection (1) or (3).

(e) "Prisoner" means a person subject to incarceration, detention, or admission to a prison who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of federal, state, or local law or the terms and conditions of parole, probation, pretrial release, or a diversionary program.

(f) "Sexual assault" means an act, attempted act, or conspiracy to engage in an act of criminal conduct as defined in section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, or an offense under a law of the United States, another state, or a foreign country or tribal or military law that is substantially similar to an offense listed in this subdivision.

Sec. 2950d. (1) Except as provided in this section, a personal protection order issued under section 2950 or 2950a must be served personally; 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 method allowed by the Michigan court rules.

(2) If service under subsection (1) is being made by a law enforcement agency, the personal protection order must be served personally. If the first attempt at service is not successful, no fewer than 2 additional attempts to serve the order should be made within 10 calendar days after the first attempt. If service cannot be completed within 10 calendar days after the first attempt, the law enforcement agency shall do all of the following:

(a) Within 48 hours, notify the petitioner that service has not been successful. The petitioner shall provide information sufficient to permit notification.

(b) Within 3 business days, complete and file a proof of service form documenting each service attempt and stating the reason it was not served.

(c) Continue to attempt to complete service unless otherwise directed by the court. All attempts at service must be documented and maintained by the law enforcement agency and made available to the petitioner and the court on request.

(3) If the individual restrained or enjoined by a personal protection order issued under section 2950 or 2950a 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.

(4) To comply with 34 USC 10450, the law enforcement agency designated under section 2950(11) or 2950a(11), as applicable, shall immediately serve the personal protection order as required under this section without charge to the petitioner, as provided in section 2559.

(5) If a new, amended, or extended personal protection order, or an order terminating a personal protection order, is entered after the original service under this section, the clerk of the court shall provide true copies of the order to the parties, if they are present, at the time the order is entered. A party may acknowledge receipt of the order in writing, on the record, or in any other manner allowed by the court rules. If a party fails or refuses to acknowledge the receipt of a true copy of the order, the clerk shall note in the case file that the party was served. If delivery to a party is not possible at the time the order is entered, the clerk shall mail true copies of the order to the party by first-class mail to the address on record with the court and shall file a proof of service. Service by mail is complete on mailing.

(6) Subject to subsection (5), if the respondent is served with a personal protection order under this section, any subsequent document filed in the action may be served on the respondent by first-class mail at the address provided by the respondent, except for a motion to show cause or an order to appear on a show cause motion.

Sec. 2950p. (1) The personal protection order service fund is created in the state treasury.

(2) The state treasurer shall deposit money and other assets received from state and federal appropriations, public or private grants, or any other source in the fund. The state treasurer shall direct the investment of money in the personal protection order service fund and credit interest and earnings from the investments to the fund.

(3) The department of state police is the administrator of the personal protection order service fund for audits of the fund.

(4) The department of state police shall expend money from the personal protection order service fund on appropriation, only for the following:

(a) To provide for service by law enforcement agencies of court documents in proceedings for personal protection orders under sections 2950 and 2950a, and foreign protection orders under section 2950l, as provided in section 2559, to assure compliance with section 40121 of the violence against women act of 1994, 34 USC 10450.

(b) To pay the costs of administering the fund.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 611 of the 103rd Legislature is enacted into law.