HOUSE BILL No. 5302 October 18, 2001, Introduced by Rep. Anderson and referred to the Committee on Criminal Justice. A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15c of chapter IV (MCL 764.15c), as amended by 1999 PA 269. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER IV 2 Sec. 15c. (1) After investigating or intervening in a 3 domestic violence incident, a peace officer shall provide the 4 victim with a copy of the notice in this section. The notice 5 shall be written and shall include all of the following: 6 (a) The name and telephone number of the responding police 7 agency. 8 (b) The name and badge number of the responding peace 9 officer. 05225'01 d TLG 2 1 (c) Substantially the following statement: 2 "You may obtain a copy of the police incident report for 3 your case by contacting this law enforcement agency at the tele- 4 phone number provided. 5 The domestic violence shelter program and other resources in 6 your area are (include local information). 7 Information about emergency shelter, counseling services, 8 and the legal rights of domestic violence victims is available 9 from these resources. 10 Your legal rights include the right to go to court and file 11 a petition requesting a personal protection order to protect you 12 or other members of your household from domestic abuse which 13 could include restraining or enjoining the abuser from doing the 14 following: 15 (a) Entering onto premises. 16 (b) Assaulting, attacking, beating, molesting, or wounding 17 you. 18 (c) Threatening to kill or physically injure you or another 19 person. 20 (d) Removing minor children from you, except as otherwise 21 authorized by a custody or parenting time order issued by a court 22 of competent jurisdiction. 23 (e) Engaging in stalking behavior. 24 (f) Purchasing or possessing a firearm. 25 (g) Interfering with your efforts to remove your children or 26 personal property from premises that are solely owned or leased 27 by the abuser. 05225'01 d 3 1 (h) Interfering with you at your place of employment or 2 education or engaging in conduct that impairs your employment 3 relationship or your employment or educational environment. 4 (i) Engaging in any other specific act or conduct that 5 imposes upon or interferes with your personal liberty or that 6 causes a reasonable apprehension of violence. 7 (j) Having access to information in records concerning any 8 minor child you have with the abuser that would inform the abuser 9 about your address or telephone number, the child's address or 10 telephone number, or your employment address. 11 Your legal rights also include the right to go to court and 12 file a motion for an order to show cause and a hearing if the 13 abuser is violating or has violated a personal protection order 14 and has not been arrested.". 15 (2) The peace officer shall prepare a domestic violence 16 report after investigating or intervening in a domestic violence 17 incident. The report shall contain, but is not limited to con- 18 taining, all of the following: 19 (a) The address, date, and time of the incident being 20 investigated. 21 (b) The victim's name, address, home and work telephone num- 22 bers, race, sex, and date of birth. 23 (c) The suspect's name, address, home and work telephone 24 numbers, race, sex, date of birth, and information describing the 25 suspect and whether an injunction or restraining order covering 26 the suspect exists. 05225'01 d 4 1 (d) The name, address, home and work telephone numbers, 2 race, sex, and date of birth of any witness, including a child of 3 the victim or suspect, and the relationship of the witness to the 4 suspect or victim. 5 (e) The following information about the incident being 6 investigated: 7 (i) The name of the person who called the law enforcement 8 agency. 9 (ii) The relationship of the victim and suspect. 10 (iii) Whether alcohol or controlled substance use was 11 involved in the incident, and by whom it was used. 12 (iv) A brief narrative describing the incident and the cir- 13 cumstances that led to it. 14 (v) Whether and how many times the suspect physically 15 assaulted the victim and a description of any weapon or object 16 used. 17 (vi) A description of all injuries sustained by the victim 18 and an explanation of how the injuries were sustained. 19 (vii) If the victim sought medical attention, information 20 concerning where and how the victim was transported, whether the 21 victim was admitted to a hospital or clinic for treatment, and 22 the name and telephone number of the attending physician. 23 (viii) A description of any property damage reported by the 24 victim or evident at the scene. 25 (f) A description of any previous domestic violence inci- 26 dents between the victim and the suspect. 05225'01 d 5 1 (g) The date and time of the report and the name, badge 2 number, and signature of the peace officer completing the 3 report. 4 (3) The law enforcement agency shall retain the completed 5 domestic violence report in its files. The law enforcement 6 agency shall also file a copy of the completed domestic violence 7 report with the prosecuting attorney within 48 hours after the 8 domestic violence incident is reported to the law enforcement 9 agency. 10 (4) As used in this section, "domestic violence incident" 11 means an incident reported to a law enforcement agency involving 12 allegations of 1 or both of the following: 13 (a) A violation of a personal protection order issued under 14 section 2950 OR 2950A of the revised judicature act of 1961, 1961 15 PA 236, MCL 600.2950 AND 600.2950A, OR A VIOLATION OF A VALID 16 FOREIGN PROTECTION ORDER. 17 (b) A crime committed by an individual against his or her 18 spouse or former spouse, an individual with whom he or she has 19 had a child in common, or an individual who resides or has 20 resided in the same household. 21 (5) AS USED IN THIS SECTION: 22 (A) "FOREIGN PROTECTION ORDER" MEANS THAT TERM AS DEFINED IN 23 SECTION 2950D OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, 24 MCL 600.2950D. 25 (B) "VALID FOREIGN PROTECTION ORDER" MEANS A FOREIGN PROTEC- 26 TION ORDER THAT SATISFIES THE CONDITIONS FOR VALIDITY PROVIDED IN 05225'01 d 6 1 SECTION 2950D OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, 2 MCL 600.2950D. 3 Enacting section 1. This amendatory act does not take 4 effect unless all of the following bills of the 91st Legislature 5 are enacted into law: 6 (a) Senate Bill No. ________ or House Bill No. ________ 7 (request no. 05225'01 a). 8 (b) Senate Bill No. ________ or House Bill No. ________ 9 (request no. 05225'01 b). 10 (c) Senate Bill No. ________ or House Bill No. ________ 11 (request no. 05225'01 c). 12 (d) Senate Bill No. ________ or House Bill No. ________ 13 (request no. 05225'01 e). 14 (e) Senate Bill No. ________ or House Bill No. ________ 15 (request no. 05225'01 f). 16 (f) Senate Bill No. ________ or House Bill No. ________ 17 (request no. 05225'01 g). 18 (g) Senate Bill No. ________ or House Bill No. ________ 19 (request no. 05225'01 h). 05225'01 d Final page. TLG