September 29, 2010, Introduced by Reps. Neumann, Polidori, Terry Brown, Mayes and Sheltrown and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a),
section 2950 as amended by 2001 PA 200 and section 2950a as amended
by 2010 PA 19, and by adding section 2950n.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2950. (1) Except as provided in subsections (27) and
(28), 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 a spouse, a former spouse, an
individual with whom he or she has had a child in common, an
individual with whom he or she has or has had a dating
relationship, or an individual residing or having resided in the
same household as the petitioner from doing 1 or more of the
following:
(a) Entering onto premises.
(b) Assaulting, attacking, beating, molesting, or wounding a
named individual.
(c) Threatening to kill or physically injure a named
individual.
(d) Removing minor children from the individual having legal
custody of the children, except as otherwise authorized by a
custody or parenting time order issued by a court of competent
jurisdiction.
(e) Purchasing or possessing a firearm.
(f) Interfering with petitioner's efforts to remove
petitioner's children or personal property from premises that are
solely owned or leased by the individual to be restrained or
enjoined.
(g) Interfering with petitioner at petitioner's place of
employment or education or engaging in conduct that impairs
petitioner's employment or educational relationship or environment.
(h) Having access to information in records concerning a minor
child of both petitioner and respondent that will inform respondent
about the address or telephone number of petitioner and
petitioner's minor child or about petitioner's employment address.
(i) Engaging in conduct that is prohibited under section 411h
or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and
750.411i.
(j) Any other specific act or conduct that imposes upon or
interferes with personal liberty or that causes a reasonable
apprehension of violence.
(2) If the respondent is a person 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 certified by
the commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, a sheriff, a deputy sheriff or a member of the
Michigan department of state police, a local corrections officer,
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 prior to the issuance of the personal
protection order. This subsection does not apply to a petitioner
who does not know the respondent's occupation.
(3) A petitioner may omit his or her address of residence from
documents filed with the court under this section. If a petitioner
omits his or her address of residence, the petitioner shall provide
the court with a mailing address.
(4) The court shall issue a personal protection order under
this section if the court determines that there is reasonable cause
to believe that the individual to be restrained or enjoined may
commit 1 or more of the acts listed in subsection (1). In
determining whether reasonable cause exists, the court shall
consider all of the following:
(a) Testimony, documents, or other evidence offered in support
of the request for a personal protection order.
(b) Whether the individual to be restrained or enjoined has
previously committed or threatened to commit 1 or more of the acts
listed in subsection (1).
(5) A court shall not issue a personal protection order that
restrains or enjoins conduct described in subsection (1)(a) if all
of the following apply:
(a) The individual to be restrained or enjoined is not the
spouse of the moving party.
(b) The individual to be restrained or enjoined or the parent,
guardian, or custodian of the minor to be restrained or enjoined
has a property interest in the premises.
(c) The moving party or the parent, guardian, or custodian of
a minor petitioner has no property interest in the premises.
(6) A court shall not refuse to issue a personal protection
order solely due to the absence of any of the following:
(a) A police report.
(b) A medical report.
(c) A report or finding of an administrative agency.
(d) Physical signs of abuse or violence.
(7) If the court refuses to grant a personal protection order,
it shall state immediately in writing the specific reasons it
refused to issue a personal protection order. If a hearing is held,
the court shall also immediately state on the record the specific
reasons it refuses to issue a personal protection order.
(8) A personal protection order shall not be made mutual.
Correlative separate personal protection orders are prohibited
unless
both parties have properly petitioned the court pursuant to
under subsection (1).
(9) A personal protection order is effective and immediately
enforceable anywhere in this state when signed by a judge. Upon
service, a personal protection order may also be enforced by
another state, an Indian tribe, or a territory of the United
States.
(10) The court shall designate the law enforcement agency that
is responsible for entering the personal protection order into the
law
enforcement information network as provided by the L.E.I.N.
C.J.I.S.
policy council act, of
1974, 1974 PA 163, MCL 28.211 to
28.216
28.215.
(11) A personal protection order shall include all of the
following, and to the extent practicable the following shall be
contained in a single form:
(a) A statement that the personal protection order has been
entered to restrain or enjoin 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 more, immediate
arrest and the civil and criminal contempt powers of the court, and
that if he or she is found guilty of criminal contempt, he or she
shall 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 subject to 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 respondent is subject
to 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 when
signed by a judge, and that, upon 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 the type or types 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 Michigan by any law enforcement agency.
(f) The law enforcement agency designated by the court to
enter the personal protection order into the law enforcement
information network.
(g) For ex parte orders, 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 has been served or has
received actual notice of the order and that motion forms and
filing instructions are available from the clerk of the court.
(12) An ex parte personal protection order shall be issued and
effective without written or oral notice to the individual
restrained or enjoined or his or her attorney if it clearly appears
from specific facts shown by 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 itself precipitate adverse action before a personal
protection order can be issued.
(13) A personal protection order issued under subsection (12)
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. The motion to modify or rescind the personal protection
order shall be filed within 14 days after the order is served or
after the individual restrained or enjoined has received actual
notice of the personal protection order unless good cause is shown
for filing the motion after the 14 days have elapsed.
(14) Except as otherwise provided in this subsection, the
court shall schedule a hearing on the motion to modify or rescind
the ex parte personal protection order within 14 days after the
filing of the motion to modify or rescind. If the respondent is a
person described in subsection (2) 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 filing of the motion to modify or rescind.
(15) The clerk of the court that issues a personal protection
order shall do all of the following immediately upon issuance and
without requiring a proof of service on the individual restrained
or enjoined:
(a) File a true copy of the personal protection order with the
law enforcement agency designated by the court in the personal
protection order.
(b) Provide the petitioner with not less than 2 true copies of
the personal protection order.
(c) If respondent is identified in the pleadings as a law
enforcement officer, notify the officer's employing law enforcement
agency, if known, about the existence of the personal protection
order.
(d) If the personal protection order prohibits respondent from
purchasing or possessing a firearm, notify the concealed weapon
licensing board in respondent's county of residence about the
existence and contents of the personal protection order.
(e) If the respondent is identified in the pleadings as a
department of corrections employee, notify the state department of
corrections about the existence of the personal protection order.
(f) If the respondent is identified in the pleadings as being
a person who may have access to information concerning the
petitioner or a child of the petitioner or respondent 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 about the existence of the personal protection order.
(16) The clerk of the court shall inform the petitioner that
he or she may take a true copy of the personal protection order to
the law enforcement agency designated by the court in subsection
(10) to be immediately entered into the law enforcement information
network.
(17) The law enforcement agency that receives a true copy of
the personal protection order under subsection (15) or (16) shall
immediately and without requiring proof of service enter the
personal protection order into the law enforcement information
network
as provided by the L.E.I.N. C.J.I.S.
policy council act, of
1974,
1974 PA 163, MCL 28.211 to 28.216
28.215.
(18) A personal protection order issued under this section
shall 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 individual restrained or
enjoined or by any other manner provided in the Michigan court
rules. 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 about 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
respondent is less than 18 years of age, the parent, guardian, or
custodian of that individual shall 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 of the individual restrained
or enjoined. A proof of service or proof of oral notice shall 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 its immediate
enforcement under subsections (21) and (22).
(19) The clerk of the court shall immediately notify the law
enforcement agency that received the personal protection order
under subsection (15) or (16) if either of the following occurs:
(a) The clerk of the court has received proof that the
individual restrained or enjoined has been served.
(b) The personal protection order is rescinded, modified, or
extended by court order.
(20) The law enforcement agency that receives information
under subsection (19) shall enter the information or cause the
information to be entered into the law enforcement information
network
as provided by the L.E.I.N. C.J.I.S.
policy council act, of
1974,
1974 PA 163, MCL 28.211 to 28.216
28.215. The
law enforcement
agency shall also enter information into the Michigan personal
protection order internet registry created in section 2950n in
accordance with directions developed under section 2950n.
(21) Subject to subsection (22), 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 law
enforcement
information network as provided by the L.E.I.N.
C.J.I.S.
policy council act, of
1974, 1974 PA 163, MCL 28.211 to
28.216
28.215.
(22) If the individual restrained or enjoined has not been
served, the law enforcement agency or officer responding to a call
alleging a violation of a personal protection order shall serve the
individual restrained or enjoined with a true copy of the order or
advise the individual restrained or enjoined about 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 law enforcement
information network 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 issuing the personal protection order.
If the individual restrained or enjoined has not received notice of
the personal protection order, the individual restrained or
enjoined shall 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.
The failure to immediately comply with the personal protection
order
shall be 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.
(23) An individual who is 17 years of age or more and who
refuses or fails to comply with a personal protection order under
this section is subject to the criminal contempt powers of the
court and, if found guilty, shall be imprisoned for not more than
93 days and may be fined not more than $500.00. An individual who
is less than 17 years of age and 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 provided for under this section may be imposed
in addition to a penalty that may be imposed for another criminal
offense arising from the same conduct.
(24) An individual who knowingly and intentionally makes a
false statement to the court in support of his or her petition for
a personal protection order is subject to the contempt powers of
the court.
(25) A personal protection order issued under this section is
also enforceable under chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.1 to 712A.32, and section 15b of chapter IV
of the code of criminal procedure, 1927 PA 175, MCL 764.15b.
(26) A personal protection order issued under this section is
also enforceable under chapter 17.
(27) A court shall not issue a personal protection order that
restrains or enjoins conduct described in subsection (1) 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.
(28) If the respondent is less than 18 years of age, 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.
(29)
A personal protection order that is issued prior to the
effective
date of the amendatory act that added this subsection
before March 1, 1999 is not invalid on the ground that it does not
comply
with 1 or more of the requirements added by this amendatory
act
1998 PA 477.
(30) If the petitioner for a personal protection order under
this section is a minor 12 years of age or older, the petitioner
may proceed under this section without a next friend.
(31) (30)
As used in this section:
(a) "Dating relationship" means frequent, intimate
associations primarily characterized by the expectation of
affectional involvement. This term does not include a casual
relationship or an ordinary fraternization between 2 individuals in
a business or social context.
(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) "Personal protection order" means an injunctive order
issued by the circuit court or the family division of circuit court
restraining or enjoining activity and individuals listed in
subsection (1).
Sec. 2950a. (1) Except as provided in subsections (28), (29),
and
(31), and (32), 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. Relief under this subsection shall not be
granted 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 (28), (29), and (31),
and (32), 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. Relief under this subdivision
shall be granted 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. Relief under this subdivision shall not be granted 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 shall constitute 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) Sending mail or electronic communications to the
petitioner.
(l) Placing an object on, or delivering an object to, property
owned, leased, or occupied by the petitioner.
(m) Engaging in conduct that is prohibited under section 411s
of the Michigan penal code, 1931 PA 328, MCL 750.411s.
(n) 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 shall 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 shall 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 a
person 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 certified by the commission on law enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.616, 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 address of residence from
documents filed with the court under this section. If a petitioner
omits his or her 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 personal protection order shall not be made mutual.
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 when 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 shall designate the law enforcement agency that
is responsible for entering the personal protection order into the
L.E.I.N.
(11) A personal protection order issued under this section
shall 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
shall 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 when
signed by a judge, and that upon 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 Michigan by any law enforcement agency.
(f) The law enforcement agency designated by the court to
enter the personal protection order into the L.E.I.N.
(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.
(12) An ex parte personal protection order shall not be issued
and effective without written or oral notice to the individual
enjoined or his or her attorney unless it clearly appears from
specific facts shown by 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.
(13) A personal protection order issued under subsection (12)
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. The motion to modify or rescind the personal protection
order shall 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.
(14) Except as otherwise provided in this subsection, the
court shall schedule a hearing on the motion to modify or rescind
the 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.
(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 a true copy of the personal protection order with the
law enforcement agency designated by the court in the personal
protection order.
(b) Provide the petitioner with 2 or more true copies of the
personal protection order.
(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.
(d) If the personal protection order prohibits the individual
restrained or enjoined from purchasing or possessing a firearm,
notify the concealed weapon licensing board in the individual's
county of residence of the existence and content of the personal
protection order.
(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.
(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.
(16) The clerk of a court that issues a personal protection
order shall inform the petitioner that he or she 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.
(17) The law enforcement agency that receives a true copy of a
personal protection order under subsection (15) or (16) shall
immediately, without requiring proof of service, enter the personal
protection order into the L.E.I.N. The law enforcement agency shall
also enter information into the Michigan personal protection order
internet registry created in section 2950n in accordance with
directions developed under section 2950n.
(18) A personal protection order issued under this section
shall 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. 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 shall 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 shall 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).
(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) 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.
(b) The personal protection order is rescinded, modified, or
extended by court order.
(20) The law enforcement agency that receives information
under subsection (19) shall enter the information or cause the
information to be entered into the L.E.I.N.
(21) Subject to subsection (22), 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.
(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 shall 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.
(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, shall 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.
(24) An individual who knowingly and intentionally makes a
false statement to a court in support of his or her petition for a
personal protection order is subject to the contempt powers of the
court.
(25) A personal protection order issued under this section is
also enforceable under chapter XIIA of the probate code of 1939,
1939 PA 288, MCL 712A.1 to 712A.32, and section 15b of chapter IV
of the code of criminal procedure, 1927 PA 175, MCL 764.15b.
(26) A personal protection order issued under this section may
enjoin or restrain an individual from purchasing or possessing a
firearm.
(27) A personal protection order issued under this section is
also enforceable under chapter 17.
(28) 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) 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) 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) 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) If the petitioner for a personal protection order under
this section is a minor 12 years of age or older, the petitioner
may proceed under this section without a next friend.
(33) (32)
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 circuit court or 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. 2950n. (1) The department of technology, management, and
budget shall establish a website on the internet to be known as the
Michigan personal protection order internet registry.
(2) The department of technology, management, and budget shall
maintain the website established under this section in accordance
with all of the following requirements:
(a) A law enforcement agency that has the obligation under
section 2950 or 2950a to enter information into the website shall
be given the ability to access the website to enter the
information, or to transmit the information to the department of
technology, management, and budget or a person designated by the
department for entry of the information.
(b) The department of technology, management, and budget shall
issue directions to each law enforcement agency in this state with
instructions on entering information into the website. The
directions shall include the information to be entered, which shall
include information determined to be necessary to identify the
individual restrained or enjoined under the personal protection
order.
(c) Information on the website shall be accessible for viewing
by the public.
(d) Information entered into the website shall be maintained
on the website for 10 years after entry.