Bill Text: MI HB4139 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Criminal procedure: sentencing; procedures for sentencing juveniles prosecuted for personal protection order violation; revise code of criminal procedure to revise age limit. Amends sec. 15b, ch. IV of 1927 PA 175 (MCL 764.15b). TIE BAR WITH: HB 4133'19, HB 4134'19, HB 4137'19, HB 4142'19, HB 4145'19
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-12-10 - Reassigned To Committee On Judiciary And Public Safety [HB4139 Detail]
Download: Michigan-2019-HB4139-Engrossed.html
HB-4139, As Passed House, April 25, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4139
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
2001 PA 209.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 15b. (1) A peace officer, without a warrant, may arrest
and take into custody an individual when the peace officer has or
receives positive information that another peace officer has
reasonable cause to believe all of the following apply:
(a) A personal protection order has been issued under section
2950 or 2950a of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950 and 600.2950a, or is a valid foreign protection order.
(b) The individual named in the personal protection order is
violating or has violated the order. An individual is violating or
has violated the order if that individual commits 1 or more of the
following acts the order specifically restrains or enjoins the
individual from committing:
(i) Assaulting, attacking, beating, molesting, or wounding a
named individual.
(ii) Removing minor children from an 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.
(iii) Entering onto premises.
(iv) Engaging in conduct prohibited under section 411h or 411i
of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i.
(v) Threatening to kill or physically injure a named
individual.
(vi) Purchasing or possessing a firearm.
(vii) 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.
(viii) 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.
(ix) Any other act or conduct specified by the court in the
personal protection order.
(c) If the personal protection order was issued under section
2950 or 2950a of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950 and 600.2950a, the personal protection order states on
its face that a violation of its terms subjects the individual to
immediate arrest and either of the following:
(i) If the individual restrained or enjoined is 17 18 years
of
age or older, to criminal contempt of court and, if found guilty of
criminal contempt, to imprisonment for not more than 93 days and to
a fine of not more than $500.00.
(ii) If the individual restrained or enjoined is less
than 17
18 years of age, to the dispositional alternatives listed in
section 18 of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.18.
(2)
An individual arrested under this section shall must be
brought before the family division of the circuit court having
jurisdiction in the cause within 24 hours after arrest to answer to
a charge of contempt for violating the personal protection order,
at which time the court shall do each of the following:
(a) Set a time certain for a hearing on the alleged violation
of
the personal protection order. The hearing shall must be
held
within 72 hours after arrest, unless extended by the court on the
motion of the arrested individual or the prosecuting attorney.
(b) Set a reasonable bond pending a hearing of the alleged
violation of the personal protection order.
(c) Notify the prosecuting attorney of the criminal contempt
proceeding.
(d) Notify the party who procured the personal protection
order and his or her attorney of record, if any, and direct the
party to appear at the hearing and give evidence on the charge of
contempt.
(3) In circuits in which the circuit court judge may not be
present or available within 24 hours after arrest, an individual
arrested
under this section shall must
be taken before the district
court within 24 hours after arrest, at which time the district
court shall set bond and order the defendant to appear before the
family division of circuit court in the county for a hearing on the
charge. If the district court will not be open within 24 hours
after arrest, a judge or district court magistrate shall set bond
and order the defendant to appear before the circuit court in the
county for a hearing on the charge.
(4) If a criminal contempt proceeding for violation of a
personal protection order is not initiated by an arrest under this
section but is initiated as a result of a show cause order or other
process or proceedings, the court shall do all of the following:
(a) Notify the party who procured the personal protection
order and his or her attorney of record, if any, and direct the
party to appear at the hearing and give evidence on the contempt
charge.
(b) Notify the prosecuting attorney of the criminal contempt
proceeding.
(5) The family division of circuit court in each county of
this state has jurisdiction to conduct contempt proceedings based
upon a violation of a personal protection order described in this
section issued by the circuit court in any county of this state or
upon a violation of a valid foreign protection order. The court of
arraignment shall notify the court that issued the personal
protection order or foreign protection order that the issuing court
may request that the defendant be returned to that court for
violating the personal protection order or foreign protection
order. If the court that issued the personal protection order or
foreign protection order requests that the defendant be returned to
that court to stand trial, the county of the requesting court shall
bear the cost of transporting the defendant to that county.
(6) The family division of circuit court has jurisdiction to
conduct contempt proceedings based upon a violation of a personal
protection
order issued pursuant to under
section 2(h) of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, by the
family division of circuit court in any county of this state or a
valid foreign protection order issued against a respondent who is
less than 18 years of age at the time of the alleged violation of
the foreign protection order in this state. The family division of
circuit court that conducts the preliminary inquiry shall notify
the court that issued the personal protection order or foreign
protection order that the issuing court may request that the
respondent be returned to that county for violating the personal
protection order or foreign protection order. If the court that
issued the personal protection order or foreign protection order
requests that the respondent be returned to that court to stand
trial, the county of the requesting court shall bear the cost of
transporting the respondent to that county.
(7) The prosecuting attorney shall prosecute a criminal
contempt proceeding initiated by the court under subsection (2) or
initiated by a show cause order under subsection (4), unless the
party who procured the personal protection order retains his or her
own attorney for the criminal contempt proceeding or the
prosecuting attorney determines that the personal protection order
was not violated or that it would not be in the interest of justice
to prosecute the criminal contempt violation. If the prosecuting
attorney prosecutes the criminal contempt proceeding, the court
shall grant an adjournment for not less than 14 days or a lesser
period requested if the prosecuting attorney moves for adjournment.
If the prosecuting attorney prosecutes the criminal contempt
proceeding, the court may dismiss the proceeding upon motion of the
prosecuting attorney for good cause shown.
(8) A court shall not rescind a personal protection order,
dismiss a contempt proceeding based on a personal protection order,
or impose any other sanction for a failure to comply with a time
limit prescribed in this section.
(9) As used in this section:
(a) "Foreign protection order" means that term as defined in
section 2950h of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950h.
(b) "Personal protection order" means a personal protection
order issued under section 2950 or 2950a of the revised judicature
act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and, unless
the context indicates otherwise, includes a valid foreign
protection order.
(c) "Valid foreign protection order" means a foreign
protection order that satisfies the conditions for validity
provided in section 2950i of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950i.
Enacting section 1. This amendatory act takes effect October
1, 2021.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 100th Legislature are
enacted into law:
(a) House Bill No. 4133.
(b) House Bill No. 4134.
(c) House Bill No. 4137.
(d) House Bill No. 4142.
(e) House Bill No. 4145.
