Bill Text: MI HB5929 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crimes; domestic violence; animal abuse crimes; include in definition of domestic violence under certain circumstances. Amends secs. 1 & 7 of 1978 PA 389 (MCL 400.1501 & 400.1507).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-10-19 - Bill Electronically Reproduced 09/22/2016 [HB5929 Detail]
Download: Michigan-2015-HB5929-Introduced.html
HOUSE BILL No. 5929
September 22, 2016, Introduced by Rep. Kosowski and referred to the Committee on Criminal Justice.
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 sections 1 and 7 (MCL 400.1501 and 400.1507), section 1
as amended by 2000 PA 84.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Animal in which a family member or household member has
an ownership interest" means an animal as to which 1 or more of the
following conditions exist:
(i) A victim of domestic violence or the victim's child has a
right of property in the animal.
(ii) A victim of domestic violence or the victim's child keeps
or harbors the animal.
(iii) The animal is in the care of the victim of domestic
violence or the victim's child.
(iv) The victim or the victim's child permits the animal to
remain on or about premises occupied by the victim or the victim's
child.
(b)
(a) "Board" means the domestic violence
prevention and
treatment board created in section 2.
(c) (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.
(d) (c)
"Department" means the family
independence
agency.department of health and human services.
(e) (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) Causing or attempting to cause physical harm to an animal
in which a family or household member has an ownership interest by
conduct that would violate section 50b of the Michigan penal code,
1931 PA 328, MCL 750.50b, whether or not the person is charged with
or prosecuted for that violation.
(iii) (ii) Placing
a family or household member in fear of
physical or mental harm.
(iv) (iii) Causing
or attempting to cause a family or
household member to engage in involuntary sexual activity by force,
threat of force, or duress.
(v) (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.
(f) (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).
(g) (f)
"Fund" means the domestic
violence prevention and
treatment fund created in section 5.
(h) (g)
"Prime sponsor" means a
county, city, village, or
township of this state, or a combination thereof, or a private,
nonprofit association or organization.
Sec. 7. (1) A prime sponsor may receive funds under this act
to establish or maintain a shelter program for victims of domestic
violence, and
their dependent children, and
animals in which the
victim of domestic violence has an ownership interest. Emergency
shelter may be provided directly at a facility operated by the
prime sponsor or indirectly at transient or residential facilities
available in the community. A shelter program shall either provide
not less than 3 of the following services or assist the victim in
obtaining information and referral services to not less than 3 of
the following services:
(a) Crisis and support counseling for victims of domestic
violence and their dependent children.
(b) Emergency health care services, including veterinary care
for an animal in which the domestic violence victim has an
ownership interest.
(c) Legal assistance.
(d) Financial assistance.
(e) Housing assistance.
(f) Transportation assistance.
(g) Child care services.
(2) To the extent possible, a prime sponsor which establishes
a shelter program under this section shall utilize services
provided by county community mental health programs established
under
chapter 2 of Act No. 258 of the Public Acts of 1974, as
amended,
being sections 330.1200 to 330.1246 of the Michigan
Compiled
Laws.the mental health code,
1974 PA 258, MCL 330.1200a to
330.1245.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
