Public Policy Update from the State Bar of Michigan
April 14 - 20, 2008
Volume 6 Issue 16

FYI: Corrections Conference
Balancing Our Priorities: Can We Safely Spend Less on Corrections?
Friday, May 2, 8:30 – 12:30 at West Campus of Lansing Community College
The conference is hosted by the State Bar Prisons & Corrections Section, State Bar Criminal Law Section, Citizens Alliance on Prisons & Public Spending, Michigan Corrections Association and the Michigan Council on Crime & Delinquency.
View more information

In the Capitol
Committee meetings of interest for the week of 4/24
4/22 Senate Judiciary
Agenda: Discussion on the Performance Audit of Prisoner Medical and Dental Services, Department of Corrections; Discussion on the Performance Audit of the Special Alternative Incarceration Program, Department of Corrections; HB 4184 Revise the eligibility requirements for special alternative incarceration programs for prisoners; HB 4272 Revise the eligibility requirements for special alternative incarceration program as a condition of probation.

4/22 Senate Appropriations: Human Services
Agenda: Department of Human Services overview; Review of initiatives from FY 2007-08; Foster Care.

4/23 Senate Appropriations: Judiciary & Corrections
Agenda: Overview of the FY 2008-09 Judiciary Budget by Honorable Clifford W. Taylor, Chief Justice of the Michigan Supreme Court and Honorable Henry William Saad, Chief Judge of the Michigan Court of Appeals.

4/23 House Judiciary
Agenda: HB 4330 Provide for requirement of GPS monitoring device for individuals convicted of aggravated stalking; HB 4453 Provide for monitoring and notification of GPS monitoring of defendants charged with domestic violence crimes and released on bail; HB 5534 Provide for recording of order setting aside forged deed following criminal conviction; HB 4973
Create exemption from open meetings act for employment relations commission.
Positions on HB 5534:
SBM Position on HB 5534: Support and recommend amendment suggested by the Committee on Justice Initiatives  
Criminal Jurisprudence & Practice Committee Position: Support in Concept
Committee on Justice Initiatives Position: Support and Amend

Complete Committee Meeting List

New Public Acts

Legislation Introduced 4/15 – 4/17
Of Interest to the Legal Community

HB 5987 Corrections; jails; emergency overcrowding release procedure; modify as to unsentenced prisoners. Amends sec. 6 of 1982 PA 325 (MCL 801.56).

HB 5994 Torts; liability; limitation of liability for certain injuries from liquefied petroleum gas; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2977.

HJR YY Elections; primary; procedure for nomination of incumbent supreme court justices; revise. Amends sec. 2, art. VI of the state constitution.

Of General Interest
HB 5986 Crimes; fraud; use of an individual's name, image, or identity to make a profit without individual's permission; prohibit. Creates new act.

HB 5991 Higher education; state universities; in-state tuition for illegal aliens; prohibit. Creates new act.

HB 5993 Family law; paternity; claim to revoke acknowledgment of paternity; allow a man identified as the father by DNA testing to file, and require prosecuting attorney to file claim. Amends sec. 11 of 1996 PA 305 (MCL 722.1011).

At The Bar
Registration for Annual Meeting is Now Open

Sections and Committees
Civil Procedure & Courts Committee submitted a public policy position on the following items:

Oppose: SB 1001 Civil procedure; civil actions; sanctions for advocating a frivolous claim or defense in a civil action; allow court to impose sanctions in addition to costs and attorney fees. Amends sec. 2591 of 1961 PA 236 (MCL 600.259).

Oppose: SB 1002 Civil procedure; costs and fees; attorney fees; require losing party to pay winning party's fees in a civil lawsuit. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2443.

Committee on Justice Initiatives submitted a public policy position on HB 5534 Criminal procedure; verdicts; recording of order setting aside forged deed following criminal conviction; provide for. Amends secs. 248 & 249 of 1931 PA 328 (MCL 750.248 & 750.249). 

Criminal Jurisprudence & Practice Committee submitted a public policy position on the following items:

Support: HB 5089 Criminal procedure; DNA; deadline for filing petition for DNA testing in felony conviction cases; extend, and revise certain procedures for obtaining test of DNA evidence. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).

Oppose: HB 5260 Criminal procedure; search and seizure; warrants authorizing electronic interception or recording of communications; revise certain procedures for. Amends 1966 PA 189 (MCL 780.651 - 780.659) by adding sec. 2b.

Support: HB 5534 Criminal procedure; verdicts; recording of order setting aside forged deed following criminal conviction; provide for. Amends secs. 248 & 249 of 1931 PA 328 (MCL 750.248 & 750.249). 

Support: HB 5568 Criminal procedure; sentencing; certain records necessary to obtain identification documents; assist convicted persons in obtaining. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14).

Oppose: HJR OO Criminal procedure; bail; individual charged with a felony who has entered or remained in United States illegally; prohibit granting bail. Amends sec. 15, art. I of the state constitution.

Domestic Violence Committee submitted a public policy position on HB 5598 Family law; marriage and divorce; placement of pets by court in an annulment, divorce, or separate maintenance action; provide for. Amends 1846 RS 84 (MCL 552.1 - 552.45) by adding sec. 22a.

Federal News
U.S. to Expand Collection Of Crime Suspects’ DNA
(The Washington Post, 4/17/08)

State News
Man Exonerated After 12 Years in Prison
(The Detroit News, 4/15/08)

 Mentally Ill Inmates Cost $400M Year
(The Detroit News, 4/15/08)


 

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines