Crimes: animals; cross-reference in revised judicature act; update. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950). TIE BAR WITH: HB 6015'24
Impact
The proposed changes in HB 6017 would facilitate a more comprehensive protective legal framework, allowing victims of domestic violence or threats to seek orders that not only safeguard their personal safety but also consider the safety of their pets. The bill's passage is expected to enhance the judicial response to increasingly recognized forms of domestic abuse, thus potentially impacting how cases involving animal custody are treated in the context of family law, alongside the enforcement of firearm restrictions against those under a PPO.
Summary
House Bill 6017 seeks to amend the Revised Judicature Act of 1961, specifically section 2950, to update provisions regarding personal protection orders (PPOs). This legislation expands the definitions and circumstances under which a PPO can be issued, including threats and harmful behavior towards pets, recognizing the importance of animal welfare in family protection scenarios. It grants individuals the right to petition against former spouses, individuals with whom they share children, and those with whom they have had a dating relationship, thereby broadening the scope of those who can seek legal protection.
Contention
Concerns surrounding HB 6017 include potential ambiguities in the law, particularly regarding the enforcement of animal welfare aspects within PPOs. Critics voice apprehensions about giving courts discretion over animal custody during domestic disputes, which could lead to disputes over what constitutes 'threatening behavior' towards an animal. There are also fears that the legislation may inadvertently complicate family law cases by introducing additional factors that the courts must consider, thus prolonging legal proceedings and making them more challenging for those seeking swift protection.
Criminal procedure: sentencing; mandatory sentencing for certain crimes in the revised judicature act; require. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950).
Civil procedure: personal protection orders; removal of firearms; require for an individual subject to a domestic relations PPO. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950) & adds secs. 2950p, 2950q, 2950r, 2950s, 2950t, 2950u, 2950v & 2950w.
Civil procedure: personal protection orders; instances in which a personal protection order may be issued; modify. Amends secs. 2950 & 2950a of 1961 PA 236 (MCL 600.2950 & 600.2950a).
Civil procedure: personal protection orders; elder and vulnerable adult personal protection order; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2950p.
Civil procedure: personal protection orders; elder and vulnerable adult personal protection order; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2950p.
Family law: parenting time; reference to section 7b of the child custody act of 1970 in the revised judicature act of 1961; modify. Amends sec. 1035 of 1961 PA 236 (MCL 600.1035). TIE BAR WITH: HB 4217'25
Civil procedure: other; certain references in the revised judicature act; make gender neutral. Amends secs. 1410, 2005, 2162, 2807, 3344, 5451, 6023a & 6131 of 1961 PA 236 (MCL 600.1410 et seq.). TIE BAR WITH: HJR F'23
Civil procedure: personal protection orders; instances in which a personal protection order may be issued; modify. Amends secs. 2950 & 2950a of 1961 PA 236 (MCL 600.2950 & 600.2950a).
Criminal procedure: sentencing; mandatory sentencing for certain crimes in the revised judicature act; require. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950).
Civil procedure: personal protection orders; removal of firearms; require for an individual subject to a domestic relations PPO. Amends sec. 2950 of 1961 PA 236 (MCL 600.2950) & adds secs. 2950p, 2950q, 2950r, 2950s, 2950t, 2950u, 2950v & 2950w.
Civil procedure: personal protection orders; elder and vulnerable adult personal protection order; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2950p.
Civil procedure: personal protection orders; elder and vulnerable adult personal protection order; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2950p.