Bill Text: MI HB5119 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Family law; domestic violence; reference of family independence agency; revise to department of health and human services. Amends title & sec. 1 of 1978 PA 389 (MCL 400.1501).

Spectrum: Moderate Partisan Bill (Democrat 29-9)

Status: (Introduced - Dead) 2016-12-06 - Referred To Committee Of The Whole [HB5119 Detail]

Download: Michigan-2015-HB5119-Engrossed.html

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HB-5119, As Passed House, April 12, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5119

December 3, 2015, Introduced by Reps. Neeley, Phelps, Chirkun, Lane, Robinson, Brunner, Bumstead, Kesto, Callton, Plawecki, Singh, Banks, Geiss, Love, LaVoy, Gay-Dagnogo, Liberati, Crawford, Townsend, Guerra, Yanez, Faris, Chang, Zemke, Hovey-Wright, Durhal, Leutheuser, Hooker, Runestad, Garrett, Wittenberg, Greig, Talabi, Schor, Vaupel, Derek Miller, Graves and Smiley and referred to the Committee on Families, Children, and Seniors.

 

     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 the title and section 1 (MCL 400.1501), the title as

 

amended by 2001 PA 192 and section 1 as amended by 2000 PA 84.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     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;

 

department of health and human services; to prescribe immunities

 

and liabilities of certain persons and officials; and to prescribe

 

penalties for violations of this act.

 

     Sec. 1. As used in this act:

 

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

 

treatment board created in section 2.

 

     (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.

 

     (c) "Department" means the family independence agency.

 

department of health and human services.

 

     (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) Placing a family or household member in fear of physical

 

or mental harm.

 

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

 

member to engage in involuntary sexual activity by force, threat of

 

force, or duress.

 

     (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.

 

     (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).

 

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

 

treatment fund created in section 5.

 

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

 

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

 

association or organization.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.