HOUSE BILL NO. 6134

November 14, 2024, Introduced by Reps. Tsernoglou, Brixie, Andrews, Breen, Coffia, Hope, Weiss, Steckloff, O'Neal, Price, Rheingans, Conlin, Hood, Brabec, Byrnes, Morgan and Young and referred to the Committee on Labor.

"Revised judicature act of 1961,"

by amending section 2950 (MCL 600.2950), as amended by 2018 PA 146, and by adding sections 2950p, 2950q, 2950r, 2950s, 2950t, 2950u, 2950v, and 2950w.

the people of the state of michigan enact:

Sec. 2950. (1) Except as otherwise provided in subsections (26) and (27), 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.

(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) If the petitioner is a minor who has been the victim of sexual assault, as that term is defined in section 2950a, by the respondent and if the petitioner is enrolled in a public or nonpublic school that operates any of grades K to 12, attending school in the same building as the petitioner.

(i) 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.

(j) 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.

(k) Any of the following with the intent to cause the petitioner mental distress or to exert control over the petitioner with respect to an animal in which the petitioner has an ownership interest:

(i) Injuring, killing, torturing, neglecting, or threatening to injure, kill, torture, or neglect the animal. A restraining order that enjoins conduct under this subparagraph does not prohibit the lawful killing or other use of the animal as described in section 50(11) 50(12) of the Michigan penal code, 1931 PA 328, MCL 750.50.

(ii) Removing the animal from the petitioner's possession.

(iii) Retaining or obtaining possession of the animal.

(l) 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 the respondent's employment, a police officer licensed or certified by the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, 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 before 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 the petitioner's address of residence from documents filed with the court under this section. If a petitioner omits his or her the petitioner's 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 because of the absence of any of the following:

(a) A police report.

(b) A medical report.

(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 court shall not issue a mutual personal protection order. Correlative separate personal protection orders are prohibited unless both parties have properly petitioned the court under subsection (1).

(9) A personal protection order is effective and immediately enforceable anywhere in this state after being 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 issuing court shall designate a law enforcement agency that is responsible for entering a personal protection order into the law enforcement information network as provided by the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(11) A personal protection order must 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 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 older, immediate arrest and the civil and criminal contempt powers of the court and, if he or she is found guilty of criminal contempt, imprisonment for not more than 93 days and a fine of 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 after being 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) Regardless of whether the petitioner has requested relief under subsection (1)(e) and subject to subsection (12), an order that the respondent surrender the respondent's firearms, concealed pistol licenses, and licenses issued under section 2 of 1927 PA 372, MCL 28.422, with all of the requirements of section 2950q.

(d) (c) A statement listing the any other type or types of conduct enjoined.

(e) (d) An expiration date stated clearly on the face of the order.

(f) (e) A statement that the personal protection order is enforceable anywhere in this state by any law enforcement agency.

(g) (f) The name of the law enforcement agency designated by the court to enter the personal protection order into the law enforcement information network.

(h) (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) A court shall issue an ex parte personal protection order without written or oral notice to the individual restrained or enjoined or his or her the individual's attorney if it clearly appears from specific facts shown by a 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. An ex parte personal protection order may contain an order under subsection (11)(c) only if ordered by the court.

(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. A motion to modify or rescind the personal protection order must 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 a motion to modify or rescind the ex parte personal protection order within 14 days after the motion is filed. 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 motion is filed.

(15) The clerk of the court that issues a personal protection order shall do all of the following immediately upon on 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 2 or more true copies of the personal protection order.

(c) If the 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 the respondent from purchasing or possessing a firearm, Unless the personal protection order is issued ex parte, notify the county clerk of the respondent's county of residence about the existence and contents of the personal protection order, including that the order prohibits the respondent from possessing concealed pistol licenses.

(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 under subsection (10) to be immediately entered into the law enforcement information network.

(17) The law enforcement agency that receives a true copy of a 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 C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(18) A personal protection order issued under this section must 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 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 respondent is less than 18 years of age, the parent, guardian, or custodian of the individual must 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 must 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 that issued the personal protection order 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 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 law enforcement information network as provided by the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(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 C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(22) If the individual restrained or enjoined has not been served, a 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 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 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 must 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 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 older 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, must 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 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 the individual's 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 section 15b of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.15b, and chapter 17.

(26) 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.

(27) 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.

(28) A personal protection order that is 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 477.

(29) For purposes of subsection (1)(k), a petitioner has an ownership interest in an animal if 1 or more of the following are applicable:

(a) The petitioner has a right of property in the animal.

(b) The petitioner keeps or harbors the animal.

(d) The petitioner permits the animal to remain on or about premises occupied by the petitioner.

(30) As used in this section:

(a) "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.

(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.

(d) "Personal protection order" means an injunctive order issued by the family division of circuit court restraining or enjoining activity and individuals listed in subsection (1).

Sec. 2950p. As used in this section and sections 2950q to 2950w:

(a) "C.J.I.S. policy council act" means the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(b) "Control" includes, but is not limited to, constructive possession by which the individual has the right to control the firearm or ammunition, even though the firearm or ammunition is in a different location than the individual.

(i) A sheriff's department.

(ii) The department of state police.

(iii) A police department of a township, village, or incorporated city.

(iv) The public safety department of an institution of higher education created under or described in article VIII of the state constitution of 1963.

(v) The public safety department of a community or junior college.

(vi) The public safety department or office of a private college.

(d) "Law enforcement officer" means a law enforcement officer as that term is defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

Sec. 2950q. (1) When a court issues a personal protection order under section 2950, the court shall order all of the following:

(a) That the individual shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition for the period specified by the court.

(b) That if the individual owns or controls a firearm or has a concealed pistol license or license issued under section 2 of 1927 PA 372, MCL 28.422, the individual shall surrender the firearm or license as required under section 2950r. The court shall designate the name and address of the law enforcement agency to which a firearm or license must be surrendered.

(c) That not later than 24 hours after the issuance of the order, the individual shall file with the clerk of the court a certificate under section 2950s stating whether the individual owns or controls a firearm and, if so, whether the individual has surrendered the firearm as required.

(d) All of the following:

(i) The date, time, and place for a hearing under section 2950t.

(ii) That unless the hearing is waived, the individual shall attend the hearing, and that if the individual does not attend, the individual may be found in contempt of court and subjected to punishment.

(iii) That the hearing may be waived if a certificate stating that the individual does not own or control a firearm or that all firearms the individual owns or controls have been surrendered is filed with the clerk under subdivision (c).

(e) That if the individual possesses, uses, transports, sells, purchases, carries, ships, receives, or distributes a firearm or ammunition within the period specified by the court, the individual will be subject to the civil and criminal contempt powers of the court.

Sec. 2950r. (1) Not later than 24 hours after the entry of an order under section 2950q, the individual shall surrender as provided under subsection (2) any firearm that the individual owns or controls and any concealed pistol license or license issued under section 2 of 1927 PA 372, MCL 28.422, that the individual has.

(2) An individual shall surrender as required under this section a firearm or license described in subsection (1) to any of the following:

(a) The law enforcement agency designated by the court.

(b) A licensed firearm dealer on the list prepared under section 18 of the extreme risk protection order act, 2023 PA 38, MCL 691.1818.

Sec. 2950s. (1) Not later than 24 hours after the entry of an order under section 2950q, the individual shall file a certificate with the court that discloses under penalty of perjury whether the individual, at the time of signing the certificate, owns or controls a firearm, with a description of each firearm.

(2) If the certificate under this section discloses that the individual owns or controls a firearm, the individual shall indicate in the certificate whether the individual has surrendered the firearm as required under section 2950r.

Sec. 2950t. (1) The court shall schedule a hearing not later than 5 days after the entry of an order under section 2950q.

(2) At a hearing under this section, the court shall determine whether the individual has surrendered as required under section 2950r all firearms that the individual owns or controls and all licenses described in subsection (1) that the individual has.

(3) If the court determines that the individual has not surrendered all firearms and licenses as required under section 2950r, the court shall issue a search warrant under 1966 PA 189, MCL 780.651 to 780.659, describing any firearm or license believed to be owned or controlled by the individual and authorizing a designated law enforcement agency to search the location or locations where the firearm or license is believed to be and to seize any firearm, concealed pistol license, or license issued under section 2 of 1927 PA 372, MCL 28.422, discovered by the search.

(4) A hearing under this section may be waived if the individual files with the clerk of the court before the hearing a certificate stating under penalty of perjury that the individual does not own or control a firearm or that the individual has surrendered all of the firearms owned or controlled by the individual as required.

(5) An individual who fails to appear at a hearing under this section is subject to the civil and criminal contempt powers of the court. If found guilty of criminal contempt of court, the individual may be sentenced to imprisonment for not more than 93 days and a fine of not more than $500.00.

Sec. 2950u. (1) A law enforcement agency or licensed firearm dealer to which a firearm is surrendered under section 2950r shall provide the individual who surrenders the firearm a receipt stating the date and time of the surrender and a description of the firearm surrendered. A law enforcement agency that provides a receipt shall also provide a copy of the receipt for the individual to use to reclaim the firearm.

(2) A law enforcement agency that receives a firearm under this section or section 2950v shall retain and store the firearm.

(3) The individual who surrendered a firearm to a law enforcement agency under section 2950r, or from whom a firearm was seized by a law enforcement agency under section 2950v, may reclaim the firearm when the period specified by the court in the order entered under section 2950q expires, unless the individual is prohibited for another reason from owning or possessing a firearm. Before allowing the individual to reclaim a firearm under this subsection, and to determine whether the individual is prohibited from owning or possessing a firearm for another reason, the law enforcement agency shall conduct a verification under the law enforcement information network and the national instant criminal background check system in the same manner as required under section 5b(6) of 1927 PA 372, MCL 28.425b.

(4) If an individual fails to reclaim a firearm under subsection (3) within 90 days after the period specified by the court in the order entered under section 2950q expires, the law enforcement agency storing the firearm shall do 1 of the following:

(a) Proceed as for a firearm subject to disposal under sections 239 and 239a of the Michigan penal code, 1931 PA 328, MCL 750.239 and 750.239a.

(b) Follow the procedures for property under 1987 PA 273, MCL 434.21 to 434.29.

(5) A law enforcement agency that stores a firearm under this section is not liable for damage to or a change in condition of the firearm unless the damage or change in condition resulted from a failure to exercise reasonable care in the storage of the firearm.

Sec. 2950v. (1) A law enforcement agency ordered to seize a firearm or license under a warrant issued under section 2950t shall do all of the following:

(a) Seize a firearm or license identified in the warrant from any place or from any individual who has possession or control of the firearm or license.

(b) Seize any other firearm, concealed pistol license, or license issued under section 2 of 1927 PA 372, MCL 28.422, discovered that is owned by or under the control of the individual determined by the court to have failed to surrender all firearms and licenses as required under section 2950r, or if allowed under other applicable law.

(2) A law enforcement officer who seizes a firearm or license under this section shall give a tabulation of firearms seized as is required under section 5 of 1966 PA 189, MCL 780.655, to the individual from whom the firearms were taken. If no individual is present at the time of seizure, the officer shall leave the tabulation in the place where the officer found the firearms that were seized.

(3) Section 2950u(2) to (5) applies to a firearm seized under this section.

Sec. 2950w. (1) The clerk of a court that issues an order under section 2950q against an individual who owns or controls a firearm or has a concealed pistol license or a license issued under section 2 of 1927 PA 372, MCL 28.422, shall notify the department of state police and the clerk of the individual's county of residence of the issuance of the order for purposes of performing their duties under 1927 PA 372, MCL 28.421 to 28.435.

(2) If an individual against whom an order is issued under section 2950q owns or controls a firearm or has a concealed pistol license or a license issued under section 2 of 1927 PA 372, MCL 28.422, the law enforcement agency designated in the order issued under section 2950q or a local entering authority shall enter the order into the law enforcement information network maintained under the C.J.I.S. policy council act.

(3) A law enforcement agency designated in the order issued under section 2950q shall immediately provide notice of the issuance of the order to the Criminal Justice Information Services Division of the Federal Bureau of Investigation for purposes of the national crime information center.