An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 760.1 to 777.69) by adding section 15e to chapter XVII.
Red Flag Law. House Bill 4145 would, among other things, do all of the following: • Create the Extreme Risk Protection Order Act. • Require a court to issue an extreme risk protection order (ERPO) if a preponderance of the evidence existed to support that a defendant poses a significant risk of self-injury or injury to others by possessing a firearm and allow for an emergency ERPO without first notifying the defendant under certain circumstances. • Prohibit a restrained individual from possessing a firearm or a license to carry a concealed pistol (CPL) while an ERPO is in effect. • Specify who may file an action for a court to issue an ERPO, where and how an action may be filed, and the information a complaint must contain. • Prescribe actions a clerk of an issuing court, a law enforcement officer, and a law enforcement officer must follow regarding an ERPO. • Specify the information that must be included in an ERPO, including that the restrained individual may not possess a firearm while the ERPO is in force. • Require hearings to be held as prescribed in the bill. • Allow an ERPO to be modified or rescinded. • Allow a firearm if not relinquished or license to carry a concealed pistol if not surrendered to be seized upon notification or service of an ERPO, require a receipt be given for any firearm seized, require a seized firearm to be stored while the ERPO is in force, and require the firearm to be returned when the ERPO expires or is rescinded, if the individual is not otherwise prohibited from owning or possessing a firearm. • Prescribe penalties for a violation. House Bill 4146 would include references to the Extreme Risk Protection Order Act and ERPOs in provisions regarding a license to purchase, possess, carry, or transport a pistol and eligibility for a concealed pistol license. House Bill 4147 would prohibit a fee from being charged or collected for serving process issued in an action brought under the Extreme Risk Protection Order Act and amend provisions regarding service of process in civil actions to conform with provisions in the Extreme Risk Protection Order Act. House Bill 4148 would place the maximum term of imprisonment for a felony violation created by the Extreme Risk Protection Order Act in the sentencing guidelines.
Co-sponsored by Reps.
Referred to the Committee on Judiciary
Reported with substitute H-2
Substitute H-2 concurred in by voice vote
Passed in the House 56 to 51 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee of the Whole
1.
Amend page 2, line 26, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 83 of the 102nd Legislature is enacted into law.”.
Amendment concurred in by voice vote
Passed in the Senate 20 to 18 (details)
Amendment concurred in 56 to 52 (details)
