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