House Introduced Bill 5301

HOUSE BILL No. 5301

October 18, 2001, Introduced by Rep. Kowall and referred to the Committee on Criminal Justice.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 15b of chapter IV (MCL 764.15b), as amended

by 1999 PA 269.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
CHAPTER IV

2
Sec. 15b. (1) A peace officer, without a warrant, may

3
arrest and take into custody an individual when the peace officer

4
has or receives positive information that another peace officer

5
has reasonable cause to believe all of the following apply:

6
(a) A personal protection order has been issued under

7
section 2950 or 2950a of the revised judicature act of 1961, 1961

8
PA 236, MCL 600.2950 and 600.2950a, OR IS A VALID FOREIGN

9
PROTECTION ORDER.

05225'01 c TLG 2

1
(b) The individual named in the personal protection order is

2
violating or has violated the order. An individual is violating

3
or has violated the order if that individual commits 1 or more of

4
the following acts the order specifically restrains or enjoins

5
the individual from committing:

6
(i) Assaulting, attacking, beating, molesting, or wounding a

7
named individual.

8
(ii) Removing minor children from an individual having legal

9
custody of the children, except as otherwise authorized by a cus-

10
tody or parenting time order issued by a court of competent

11
jurisdiction.

12
(iii) Entering onto premises.

13
(iv) Engaging in conduct prohibited under section 411h or

14
411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and

15
750.411i.

16
(v) Threatening to kill or physically injure a named

17
individual.

18
(vi) Purchasing or possessing a firearm.

19
(vii) Interfering with petitioner's efforts to remove

20
petitioner's children or personal property from premises that are

21
solely owned or leased by the individual to be restrained or

22
enjoined.

23
(viii) Interfering with petitioner at petitioner's place of

24
employment or education or engaging in conduct that impairs

25
petitioner's employment or educational relationship or

26
environment.

05225'01 c 3

1
(ix) Any other act or conduct specified by the court in the

2
personal protection order.

3
(c) The IF THE PERSONAL PROTECTION ORDER WAS ISSUED UNDER

4
SECTION 2950 OR 2950A, THE personal protection order states on

5
its face that a violation of its terms subjects the individual to

6
immediate arrest and either of the following:

7
(i) If the individual restrained or enjoined is 17 years of

8
age or older, to criminal contempt of court and, if found guilty

9
of criminal contempt, to imprisonment for not more than 93 days

10
and to a fine of not more than $500.00.

11
(ii) If the individual restrained or enjoined is less than

12
17 years of age, to the dispositional alternatives listed in sec-

13
tion 18 of chapter XIIA of the probate code of 1939, 1939 PA 288,

14
MCL 712A.18.

15
(2) An individual arrested under this section shall be

16
brought before the family division of the circuit court having

17
jurisdiction in the cause within 24 hours after arrest to answer

18
to a charge of contempt for violating the personal protection

19
order, at which time the court shall do each of the following:

20
(a) Set a time certain for a hearing on the alleged viola-

21
tion of the personal protection order. The hearing shall be held

22
within 72 hours after arrest, unless extended by the court on the

23
motion of the arrested individual or the prosecuting attorney.

24
(b) Set a reasonable bond pending a hearing of the alleged

25
violation of the personal protection order.

26
(c) Notify the prosecuting attorney of the criminal contempt

27
proceeding.

05225'01 c 4

1
(d) Notify the party who procured the personal protection

2
order and his or her attorney of record, if any, and direct the

3
party to appear at the hearing and give evidence on the charge of

4
contempt.

5
(3) In circuits in which the circuit court judge may not be

6
present or available within 24 hours after arrest, an individual

7
arrested under this section shall be taken before the district

8
court within 24 hours after arrest, at which time the district

9
court shall set bond and order the defendant to appear before the

10
family division of circuit court in the county for a hearing on

11
the charge. If the district court will not be open within 24

12
hours after arrest, a judge or district court magistrate shall

13
set bond and order the defendant to appear before the circuit

14
court in the county for a hearing on the charge.

15
(4) If a criminal contempt proceeding for violation of a

16
personal protection order is not initiated by an arrest under

17
this section but is initiated as a result of a show cause order

18
or other process or proceedings, the court shall do all of the

19
following:

20
(a) Notify the party who procured the personal protection

21
order and his or her attorney of record, if any, and direct the

22
party to appear at the hearing and give evidence on the contempt

23
charge.

24
(b) Notify the prosecuting attorney of the criminal contempt

25
proceeding.

26
(5) The family division of circuit court in each county of

27
this state has jurisdiction to conduct contempt proceedings based

05225'01 c 5

1
upon a violation of a personal protection order described in this

2
section issued by the circuit court in any county of this state

3
OR UPON A VIOLATION OF A VALID FOREIGN PROTECTION ORDER. The

4
court of arraignment shall notify the circuit court that issued

5
the personal protection order OR FOREIGN PROTECTION ORDER that

6
the issuing court may request that the defendant be returned to

7
that court for violating the personal protection order OR FOREIGN

8
PROTECTION ORDER. If the court that issued the personal protec-

9
tion order OR FOREIGN PROTECTION ORDER requests that the

10
defendant be returned to that court to stand trial, the county of

11
the requesting court shall bear the cost of transporting the

12
defendant to that county.

13
(6) The family division of circuit court has jurisdiction to

14
conduct contempt proceedings based upon a violation of a personal

15
protection order issued pursuant to section 2(h) of chapter XIIA

16
of the probate code of 1939, 1939 PA 288, MCL 712A.2, by the

17
family division of circuit court in any county of this state OR A

18
VALID FOREIGN PROTECTION ORDER ISSUED AGAINST A RESPONDENT WHO IS

19
LESS THAN 18 YEARS OF AGE AT THE TIME OF THE ALLEGED VIOLATION OF

20
THE FOREIGN PROTECTION ORDER IN THIS STATE. The family division

21
of circuit court that conducts the preliminary inquiry shall

22
notify the family division of circuit court that issued the

23
personal protection order OR FOREIGN PROTECTION ORDER that the

24
issuing court may request that the respondent be returned to that

25
county for violating the personal protection order OR FOREIGN

26
PROTECTION ORDER. If the family division of circuit court that

27
issued the personal protection order OR FOREIGN PROTECTION ORDER

05225'01 c 6

1
requests that the respondent be returned to that court to stand

2
trial, the county of the requesting court shall bear the cost of

3
transporting the respondent to that county.

4
(7) The prosecuting attorney shall prosecute a criminal con-

5
tempt proceeding initiated by the court under subsection (2) or

6
initiated by a show cause order under subsection (4), unless the

7
party who procured the personal protection order retains his or

8
her own attorney for the criminal contempt proceeding or the

9
prosecuting attorney determines that the personal protection

10
order was not violated or that it would not be in the interest of

11
justice to prosecute the criminal contempt violation. If the

12
prosecuting attorney prosecutes the criminal contempt proceeding,

13
the court shall grant an adjournment for not less than 14 days or

14
a lesser period requested if the prosecuting attorney moves for

15
adjournment. If the prosecuting attorney prosecutes the criminal

16
contempt proceeding, the court may dismiss the proceeding upon

17
motion of the prosecuting attorney for good cause shown.

18
(8) A court shall not rescind a personal protection order,

19
dismiss a contempt proceeding based on a personal protection

20
order, or impose any other sanction for a failure to comply with

21
a time limit prescribed in this section.

22
(9) AS USED IN THIS SECTION:

23
(A) "FOREIGN PROTECTION ORDER" MEANS THAT TERM AS DEFINED IN

24
SECTION 2950D OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236,

25
MCL 600.2950D.

26
(B) "PERSONAL PROTECTION ORDER" MEANS A PERSONAL PROTECTION

27
ORDER ISSUED UNDER SECTION 2950 OR 2950A OF THE REVISED

05225'01 c 7

1
JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2950 AND 600.2950A,

2
AND, UNLESS THE CONTEXT INDICATES OTHERWISE, INCLUDES A VALID

3
FOREIGN PROTECTION ORDER.

4
(C) "VALID FOREIGN PROTECTION ORDER" MEANS A FOREIGN PROTEC-

5
TION ORDER THAT SATISFIES THE CONDITIONS FOR VALIDITY PROVIDED IN

6
SECTION 2950D OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236,

7
MCL 600.2950D.

8
Enacting section 1. This amendatory act does not take

9
effect unless all of the following bills of the 91st Legislature

10
are enacted into law:

11
(a) Senate Bill No. _____ or House Bill No. 5299 (request

12
no. 05225'01 a).

13
(b) Senate Bill No. _____ or House Bill No. 5300 (request

14
no. 05225'01 b).

15
(c) Senate Bill No. _____ or House Bill No. 5302 (request

16
no. 05225'01 d).

17
(d) Senate Bill No. _____ or House Bill No. 5303 (request

18
no. 05225'01 e).

19
(e) Senate Bill No. _____ or House Bill No. 5304 (request

20
no. 05225'01 f).

21
(f) Senate Bill No. _____ or House Bill No. 5305 (request

22
no. 05225'01 g).

23
(g) Senate Bill No. _____ or House Bill No. 5306 (request

24
no. 05225'01 h).

05225'01 c Final page. TLG