0731: FLOOR ANALYSIS - DOMESTIC VIOLENCE INCIDENT REPORTS

DOMESTIC VIOLENCE INCIDENT REPORTS - S.B. 731 (S-1): FLOOR ANALYSIS

Senate Bill 731 (Substitute S-1 as reported)

Sponsor: Senator William Van Regenmorter

CONTENT

The bill would amend the Code of Criminal Procedure to include a dating relationship in circumstances that require a peace officer to provide certain information to a victim of domestic violence and prepare a domestic violence report after a domestic violence incident. In addition, the bill would require the Department of State Police by June 1, 2002, to develop a standard domestic violence incident report form. Effective October 1, 2002, a peace officer would have to use that form, or a substantially similar form, to report a domestic violence incident.

Currently, "domestic violence incident" means an incident reported to a law enforcement agency involving allegations of a violation of a personal protection order restraining or enjoining acts of domestic violence, or a crime committed by an individual against his or her spouse or former spouse, an individual with whom he or she has had a child, or an individual who resides or formerly resided in the same household. The bill would include in that provision a crime committed by an individual against another individual with whom he or she currently or previously had a "dating relationship". "Dating relationship" would mean that term as it is defined in the domestic violence prevention and treatment Act, i.e., frequent, intimate associations that are primarily characterized by the expectation of affectional involvement.

(The Code requires a peace officer to provide a victim with a written notice that includes the police agency's name and telephone number; the peace officer's name and badge number; and specific statements about the victim's rights and available services. The officer also must prepare a domestic violence report that contains required information.)

The bill would take effect on April 1, 2002.

MCL 764.15c - Legislative Analyst: P. Affholter

FISCAL IMPACT

The bill could result in an indeterminate fiscal impact on State and local police agencies with its inclusion of a "dating relationship" under the definition of "domestic violence incident" and the resultant reporting that would be required. The Department of State Police also would be required to develop a standard form for reporting domestic violence incidents, which all law enforcement officers would have to use, at a cost that cannot be determined at this time.

Date Completed: 11-5-01 - Fiscal Analyst: B. BakerFloor\sb731 - 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.