Mich. Comp. Laws § 691.1801
Short title.
This act may be cited as the "extreme risk protection order act".
Michigan Compiled Laws — EXTREME RISK PROTECTION ORDER ACT (Act 38 of 2023)
Michigan · statute · 38 of 2023, Mich. Comp. Laws · 15 active provisions
Mich. Comp. Laws § 691.1803
Definitions.
As used in this act: (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) "Dating relationship" means a relationship that consists of frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does…
Mich. Comp. Laws § 691.1805
Action for extreme risk protection order; filing; complaint requirements; confidentiality of petitioner; jurisdiction.
(1) An individual described in subsection (2) may file an action in the family division of the circuit court requesting the court to enter an extreme risk protection order. (2) Any of the following may file an action under this section: (a) The spouse of the respondent. (b) A former spouse of the respondent. (c) An ind…
Mich. Comp. Laws § 691.1806
Expedited hearing for extreme risk protection order; notice; change of venue; use of video conferencing technology.
(1) The court in which an action is filed under section 5 shall expedite and give priority to a hearing on the issuance of an extreme risk protection order and to any other hearings required under this act. (2) Except as provided in section 7(2), the respondent must receive notice of a hearing on the issuance of an ext…
Mich. Comp. Laws § 691.1807
Issuance of extreme risk protection order; determination; preponderance of evidence; considerations; notice exception; hearing requirement; emergency extreme risk protection order; modification or rescission of order; surrendering of firearm.
(1) In an action under section 5, the court shall issue an extreme risk protection order if the court determines by the preponderance of the evidence that the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individ…
Mich. Comp. Laws § 691.1809
Contents of extreme risk protection order; effectiveness and enforceability.
(1) If the court determines under section 7 that an extreme risk protection order should be issued, the court shall include all of the following provisions in the order: (a) That the restrained individual shall not purchase or possess a firearm. That if the individual has been issued a license under section 2 of 1927 P…
Mich. Comp. Laws § 691.1810
Responsibilities of restrained individual; notification to local law enforcement for failure to comply; compliance hearing; warrants.
(1) Not later than 1 business day after the restrained individual has received a copy of the extreme risk protection order, or the restrained individual has actual notice of the order, the restrained individual shall do either of the following: (a) File with the court that issued the order 1 or more documents or other…
Mich. Comp. Laws § 691.1811
Duties of the clerk of the court; notifications.
(1) The clerk of a court that issues an extreme risk protection order shall do all of the following immediately after issuance and without requiring a proof of service on the restrained individual: (a) Provide a true copy of the order to the law enforcement agency designated under section 9(1)(g). (b) Provide the petit…
Mich. Comp. Laws § 691.1813
Service of extreme risk protection order.
(1) Except as provided in subsection (2), an extreme risk protection order must be served on the restrained individual in person, by registered or certified mail, return receipt requested, by delivery to the last known address of the restrained individual, or by any other means allowed under Michigan court rules as dec…
Mich. Comp. Laws § 691.1815
Duties of law enforcement agency; seizure of firearm; use of law enforcement information network; notification of Federal Bureau of Investigation; failure to reclaim firearm.
(1) A law enforcement agency designated in an extreme risk protection order under section 9(1)(g) that receives a true copy of the order shall immediately and without requiring proof of service do both of the following: (a) Unless a local entering authority is designated under section 9(1)(h), enter the order into the…
Mich. Comp. Laws § 691.1817
Issuance of extended extreme risk protection order.
The petitioner may move the court to issue, or the court on its own motion may issue, 1 or more extended extreme risk protection orders, each effective for 1 year after the expiration of the preceding order. The court shall only issue an extended order under this section if the preponderance of the evidence shows that…
Mich. Comp. Laws § 691.1818
List of licensed firearm dealers.
Each circuit court shall prepare a list of trusted licensed firearm dealers located in the jurisdiction of the circuit court. In preparing this list, the court may obtain a list of currently licensed firearm dealers in the court's jurisdiction from the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Mich. Comp. Laws § 691.1819
Refusal or failure to comply with extreme risk protection order; making a false statement in complaint; penalties.
(1) An individual who refuses or fails to comply with an extreme risk protection order is guilty and subject to penalties as follows, which may be imposed in addition to a penalty imposed for another criminal offense arising from the same conduct: (a) For a first offense under this subsection, guilty of a felony punish…
Mich. Comp. Laws § 691.1820
Effect of act.
This act does not do either of the following: (a) Limit the ability of the petitioner to request relief under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a. (b) Limit the ability of an individual to file a petition under section 434 of the mental health code, 1974…
Mich. Comp. Laws § 691.1821
Annual report on application of the act.
(1) The state court administrative office, acting at the direction of the supreme court, shall prepare an annual report on and relating to the application of this act by the courts. (2) The report required by this section must contain all of the following: (a) The number of actions filed for extreme risk protection ord…