Bill Text: MI HB4026 | 2017-2018 | 99th Legislature | Introduced

---

Bill Title: Crimes; domestic violence; animal abuse crimes; include in definition of domestic violence under certain circumstances. Amends secs. 1 & 7 of 1978 PA 389 (MCL 400.1501 & 400.1507).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-18 - Bill Electronically Reproduced 01/12/2017 [HB4026 Detail]

Download: Michigan-2017-HB4026-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4026

 

 

January 12, 2017, Introduced by Rep. Kosowski and referred to the Committee on Law and Justice.

 

     A bill to amend 1978 PA 389, entitled

 

"An act to provide for the prevention and treatment of domestic

violence; to develop and establish policies, procedures, and

standards for providing domestic violence assistance programs and

services; to create a domestic violence prevention and treatment

board and prescribe its powers and duties; to establish a domestic

violence prevention and treatment fund and provide for its use; to

prescribe powers and duties of the family independence agency; to

prescribe immunities and liabilities of certain persons and

officials; and to prescribe penalties for violations of this act,"

 

by amending sections 1 and 7 (MCL 400.1501 and 400.1507), section 1

 

as amended by 2000 PA 84.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Animal" means an animal as to which 1 or more of the

 

following conditions exist:

 

     (i) A victim of domestic violence or the victim's child has a

 

right of property in the animal.

 

     (ii) A victim of domestic violence or the victim's child keeps

or harbors the animal.

 

     (iii) The animal is in the care of the victim of domestic

 

violence or the victim's child.

 

     (iv) The victim of domestic violence or the victim's child

 

permits the animal to remain on or about premises occupied by the

 

victim or the victim's child.

 

     (b) (a) "Board" means the domestic violence prevention and

 

treatment board created in section 2.

 

     (c) (b) "Dating relationship" means frequent, intimate

 

associations primarily characterized by the expectation of

 

affectional involvement. Dating relationship does not include a

 

casual relationship or an ordinary fraternization between 2

 

individuals in a business or social context.

 

     (d) (c) "Department" means the family independence

 

agency.department of health and human services.

 

     (e) (d) "Domestic violence" means the occurrence of any of the

 

following acts by a person that is not an act of self-defense:

 

     (i) Causing or attempting to cause physical or mental harm to

 

a family or household member.

 

     (ii) Causing or attempting to cause physical harm to an animal

 

in which a family or household member has an ownership interest by

 

conduct that would violate section 50b of the Michigan penal code,

 

1931 PA 328, MCL 750.50b, whether or not the person is charged with

 

or prosecuted for that violation.

 

     (iii) (ii) Placing a family or household member in fear of

 

physical or mental harm.

 

     (iv) (iii) Causing or attempting to cause a family or

household member to engage in involuntary sexual activity by force,

 

threat of force, or duress.

 

     (v) (iv) Engaging in activity toward a family or household

 

member that would cause a reasonable person to feel terrorized,

 

frightened, intimidated, threatened, harassed, or molested.

 

     (f) (e) "Family or household member" includes any of the

 

following:

 

     (i) A spouse or former spouse.

 

     (ii) An individual with whom the person resides or has

 

resided.

 

     (iii) An individual with whom the person has or has had a

 

dating relationship.

 

     (iv) An individual with whom the person is or has engaged in a

 

sexual relationship.

 

     (v) An individual to whom the person is related or was

 

formerly related by marriage.

 

     (vi) An individual with whom the person has a child in common.

 

     (vii) The minor child of an individual described in

 

subparagraphs (i) to (vi).

 

     (g) (f) "Fund" means the domestic violence prevention and

 

treatment fund created in section 5.

 

     (h) (g) "Prime sponsor" means a county, city, village, or

 

township of this state, or a combination thereof, or a private,

 

nonprofit association or organization.

 

     Sec. 7. (1) A prime sponsor may receive funds under this act

 

to establish or maintain a shelter program for victims of domestic

 

violence, and their dependent children, and animals. Emergency

shelter may be provided directly at a facility operated by the

 

prime sponsor or indirectly at transient or residential facilities

 

available in the community. A shelter program shall must either

 

provide not less than 3 of the following services or assist the

 

victim in obtaining information and referral services to not less

 

than 3 of the following services:

 

     (a) Crisis and support counseling for victims of domestic

 

violence and their dependent children.

 

     (b) Emergency health care services, including veterinary care

 

for an animal.

 

     (c) Legal assistance.

 

     (d) Financial assistance.

 

     (e) Housing assistance.

 

     (f) Transportation assistance.

 

     (g) Child care services.

 

     (2) To the extent possible, a prime sponsor which that

 

establishes a shelter program under this section shall must utilize

 

services provided by county community mental health programs

 

established under chapter 2 of Act No. 258 of the Public Acts of

 

1974, as amended, being sections 330.1200 to 330.1246 of the

 

Michigan Compiled Laws.the mental health code, 1974 PA 258, MCL

 

330.1200a to 330.1245.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.