Michigan Laws 691.1821 – Annual report on application of the act
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 691.1821
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- firearm: except as otherwise specifically defined in statute, includes any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. See Michigan Laws 8.3t
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Restrained individual: means the individual against whom an extreme risk protection order has been issued and is in effect. See Michigan Laws 691.1803
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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 orders.
(b) The number of requests made for extreme risk protection orders to be issued without notice under section 7(2).
(c) The number of extreme risk protection orders issued and the number denied.
(d) The number of extreme risk protection orders issued without notice under section 7(2) and the number denied.
(e) The number of extreme risk protection orders that are rescinded.
(f) The number of extreme risk protection orders entered without notice under section 7(2) that are rescinded.
(g) The number of extreme risk protection orders that are renewed.
(h) To the extent ascertainable from available state court data, the number of individuals who are restrained under an emergency risk protection order who, within 30 days after entry of the order, are charged with a criminal offense, giving the nature of the criminal offense, whether it was an offense for the violation of the emergency risk protection order, and the disposition or status of the offense.
(i) To the extent ascertainable from available state court data, the number of petitioners who were prosecuted for knowingly and intentionally making a false statement to the court in a complaint or in support of the complaint under this act.
(j) To the extent ascertainable from available state court data, the number of individuals who were prosecuted for knowingly placing a firearm or ammunition in the possession of a restrained individual.
(k) Demographic data regarding the individuals who are petitioners and respondents in actions for extreme risk protection orders.
(3) The state court administrative office, acting under the direction of the supreme court, shall publish a report prepared under this section annually and provide the report to the legislature and the legislative committees with jurisdiction over judicial matters.
(4) The state court administrative office shall make the data used to prepare the report under this section available annually to individuals, including, but not limited to, the Institute for Firearm Injury and other researchers affiliated with institutions of higher education, who are conducting academic or policy research, including, but not limited to, any disproportionate or discriminatory impact of this act on members of protected classes.