| 1 | 1 | | SENATE BILL NO. 263 A bill to amend 2020 PA 301, entitled "Address confidentiality program act," by amending section 3 (MCL 780.853). the people of the state of michigan enact: Sec. 3. As used in this act: (a) "Application assistant" means an employee or volunteer at an agency or organization that serves victims of domestic violence, stalking, human trafficking, kidnapping, or sexual assault who has received training and certification from the department of the attorney general to help individuals complete applications to become program participants. (b) "Confidential address" means the address of a program participant's residence, as specified on an application to be a program participant or on a notice of change of information as provided under section 5 that is classified confidential by the department of the attorney general. (c) "Designated address" means the mailing address at which the department of technology, management, and budget receives mail to forward to program participants. (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" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501. (f) "Governmental entity" means this state, a local unit of government, or any department, agency, board, commission, or other instrumentality of this state or a local unit of government. (g) "Guardian of a ward" means a person who has qualified as a guardian of a legally incapacitated individual under a court appointment. (h) "Human trafficking" means a violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h. (i) "Kidnapping" means a violation of section 13, 350, or 350a of the Michigan penal code, 1931 PA 328, MCL 750.13, 750.350, and 750.350a, or a violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349, if the victim was under the age of 18 at the time of the violation. (j) (i) "Law enforcement agency" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602. (k) (j) "Local unit of government" means a city, village, township, or county in this state. (l) (k) "Minor" means an individual under the age of 18 who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6. (m) (l) "Municipally owned utility" means electric, gas, or water services provided by a municipality. (n) (m) "Program" means the address confidentiality program created under this act. (o) (n) "Program participant" means an individual who is certified by the department of the attorney general as a program participant under section 5. (p) (o) "Sexual assault" means a violation, attempted violation, or solicitation or conspiracy to commit a violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g. (q) (p) "Stalking" means that term as defined in section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i. (r) (q) "Victim" means an individual who suffers direct or threatened physical, financial, or emotional harm as the result of a commission of a crime. (s) (r) "Victim advocate" means an employee of the department of the attorney general, the department of state, or the department of technology, management, and budget, or an employee of a county prosecutor's office, who has received training and certification from the department of the attorney general to help individuals complete applications to become program participants, and who is available to help individuals complete the applications and is responsible for assisting program participants in navigating through and accessing all aspects of the program. (t) (s) "Ward" means that term as defined in section 1108 of the estates and protected individuals code, 1998 PA 386, MCL 700.1108. Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 264 of the 102nd Legislature is enacted into law. |
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| 27 | 27 | | SENATE BILL NO. 263 |
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| 30 | 30 | | |
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| 31 | 31 | | A bill to amend 2020 PA 301, entitled |
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| 32 | 32 | | |
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| 33 | 33 | | "Address confidentiality program act," |
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| 34 | 34 | | |
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| 35 | 35 | | by amending section 3 (MCL 780.853). |
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| 36 | 36 | | |
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| 37 | 37 | | the people of the state of michigan enact: |
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| 38 | 38 | | |
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| 39 | 39 | | Sec. 3. As used in this act: |
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| 40 | 40 | | |
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| 41 | 41 | | (a) "Application assistant" means an employee or volunteer at an agency or organization that serves victims of domestic violence, stalking, human trafficking, kidnapping, or sexual assault who has received training and certification from the department of the attorney general to help individuals complete applications to become program participants. |
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| 42 | 42 | | |
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| 43 | 43 | | (b) "Confidential address" means the address of a program participant's residence, as specified on an application to be a program participant or on a notice of change of information as provided under section 5 that is classified confidential by the department of the attorney general. |
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| 44 | 44 | | |
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| 45 | 45 | | (c) "Designated address" means the mailing address at which the department of technology, management, and budget receives mail to forward to program participants. |
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| 46 | 46 | | |
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| 47 | 47 | | (d) "Domestic violence" means the occurrence of any of the following acts by a person that is not an act of self-defense: |
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| 48 | 48 | | |
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| 49 | 49 | | (i) Causing or attempting to cause physical or mental harm to a family or household member. |
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| 50 | 50 | | |
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| 51 | 51 | | (ii) Placing a family or household member in fear of physical or mental harm. |
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| 52 | 52 | | |
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| 53 | 53 | | (iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress. |
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| 54 | 54 | | |
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| 55 | 55 | | (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. |
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| 56 | 56 | | |
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| 57 | 57 | | (e) "Family or household member" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501. |
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| 58 | 58 | | |
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| 59 | 59 | | (f) "Governmental entity" means this state, a local unit of government, or any department, agency, board, commission, or other instrumentality of this state or a local unit of government. |
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| 60 | 60 | | |
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| 61 | 61 | | (g) "Guardian of a ward" means a person who has qualified as a guardian of a legally incapacitated individual under a court appointment. |
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| 62 | 62 | | |
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| 63 | 63 | | (h) "Human trafficking" means a violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h. |
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| 64 | 64 | | |
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| 65 | 65 | | (i) "Kidnapping" means a violation of section 13, 350, or 350a of the Michigan penal code, 1931 PA 328, MCL 750.13, 750.350, and 750.350a, or a violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349, if the victim was under the age of 18 at the time of the violation. |
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| 66 | 66 | | |
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| 67 | 67 | | (j) (i) "Law enforcement agency" means that term as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602. |
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| 68 | 68 | | |
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| 69 | 69 | | (k) (j) "Local unit of government" means a city, village, township, or county in this state. |
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| 70 | 70 | | |
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| 71 | 71 | | (l) (k) "Minor" means an individual under the age of 18 who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6. |
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| 72 | 72 | | |
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| 73 | 73 | | (m) (l) "Municipally owned utility" means electric, gas, or water services provided by a municipality. |
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| 74 | 74 | | |
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| 75 | 75 | | (n) (m) "Program" means the address confidentiality program created under this act. |
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| 76 | 76 | | |
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| 77 | 77 | | (o) (n) "Program participant" means an individual who is certified by the department of the attorney general as a program participant under section 5. |
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| 78 | 78 | | |
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| 79 | 79 | | (p) (o) "Sexual assault" means a violation, attempted violation, or solicitation or conspiracy to commit a violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g. |
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| 80 | 80 | | |
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| 81 | 81 | | (q) (p) "Stalking" means that term as defined in section 411h or 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and 750.411i. |
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| 82 | 82 | | |
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| 83 | 83 | | (r) (q) "Victim" means an individual who suffers direct or threatened physical, financial, or emotional harm as the result of a commission of a crime. |
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| 84 | 84 | | |
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| 85 | 85 | | (s) (r) "Victim advocate" means an employee of the department of the attorney general, the department of state, or the department of technology, management, and budget, or an employee of a county prosecutor's office, who has received training and certification from the department of the attorney general to help individuals complete applications to become program participants, and who is available to help individuals complete the applications and is responsible for assisting program participants in navigating through and accessing all aspects of the program. |
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| 86 | 86 | | |
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| 87 | 87 | | (t) (s) "Ward" means that term as defined in section 1108 of the estates and protected individuals code, 1998 PA 386, MCL 700.1108. |
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| 88 | 88 | | |
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| 89 | 89 | | Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 264 of the 102nd Legislature is enacted into law. |
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