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In
the Capitol
Committee
meetings of interest for the week of 4/25.
4/27/04
House Judiciary
Agenda:
HB
5763 Revise and index for inflation property exempt from execution
(bankruptcy);
HB
5764 Revise exemption of life insurance proceeds from creditors claims
(bankruptcy);
HB
5765 Provide for with certain exceptions exemption of structured
settlements from levy and execution (bankruptcy); HB
5766 Revise exemption of life insurance proceeds from creditors
claims (bankruptcy); HB
5780 Revise to include workers compensation claims definition
of structured settlement in structured settlement protection act
(bankruptcy); HB
5781 Clarify assignability of payment after redemption of claim
(workers compensation benefits).
4/27/04
Senate Appropriations: Judiciary and Corrections
Agenda: HB
5520 (Shulman) Appropriations; zero budget; judiciary; provide for
fiscal year 2004-2005.
1. Michigan Supreme Court Chief Justice Maura
D. Corrigan
2. Michigan Court of Appeals Chief Judge William C. Whitbeck
3. Overview of House Action by the Senate Fiscal Agency
Complete
Committee Meeting List
Capitol Agenda
View
Full Text
(Detroit News, 4/24/04)
Legislation Introduced 4/20 –
4/22
HB
5780 Civil procedure; bankruptcy; definition of structured settlement
in structured settlement protection act; revise to include worker's compensation
claims.
TIE BAR WITH
HB
5781 Worker's compensation; benefits; assignability of payment after
redemption of claim; clarify.
HB 5821 Civil procedure; statute of limitations; civil action for
criminal sexual conduct against a minor; extend tolling of statute of
limitations.
SB
1152 Criminal procedure; sentencing guidelines; certain minimum sentences
provided for under sentencing guidelines; revise.
SB
1159 Courts; probate court; additional probate judgeship for Presque
Isle county; create.
In
the Hall of Justice
High Court to Hear
Challenge to Wayne County's Taking of Private Property; Poletown Precedent
at Issue
View
Full Text
(Michigan.gov, 4/19/04)
At
the Bar
Judicial Vacancies-Immediate Application
Deadline
"Back to Basics" Theme for Tax Section's Summer Conference
The Board of Commissioners met on Friday, April 23, 2004. The following
public policy positions were adopted during their meeting. All positions
were adopted by unanimous vote.
HB
5381 (LaSata) Liens; other; a judgment lien; provide for.
Status: 3/23/04 Referred to the Senate Judiciary Committee
POSITION: No Position. Authorization granted
to the Civil Procedure and Courts Committee to advocate its position.
The Committee opposes the bill.
HB
5390 (Milosch) Libraries; state; requirement for certain public documents
to be provided to state libraries; eliminate when documents are available
on the internet.
Status: 2/24/04 Referred to the Senate Local, Urban, and State Affairs
Committee
POSITION: Oppose in principle. Rationale:
Concern was expressed that there would no longer be a paper copy of documents
once they are available on the website. The availability of online documents
may not be consistent when internet sources are updated or changed.
SB
932 (Switalski) Children; custody; custody jurisdiction; clarify when
parent with custody relocates.
Status: 1/28/04 Referred to the Senate Committee on Judiciary
POSITION: Oppose in principle. Rationale:
The bill would create a conflict between statute and court rule (MCR 3.212).
The State Bar historically prefers that changes in procedure be initiated
through amendments to court rules rather than statute.
SB
968 (Cassis) Criminal procedure; pretrial procedure; pretrial services
program act; create.
Status: 2/10/04 Referred to Senate Judiciary
POSITION:
Support in principle. Rationale: Services similar to those described in
the bill are already in place and working well in some Michigan counties.
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Drug
Treatment Courts Legislation:
HB
5399 (Meisner) Courts; other; state drug treatment court advisory
board; create. Tie bar with HB 5400 and HB 5401.
Status: 12/30/03 Referred to the House Judiciary Committee
HB
5400 (Lipsey) Courts; other; drug treatment courts; mandate data collection
practices. Tie bar with HB 5399 and HB 5401.
Status: 12/30/03 Referred to the House Judiciary Committee
HB
5401 (Meisner) Courts; other; drug treatment courts; provide for.
Status: 12/30/03 Referred to the House Judiciary Committee
HB
5647 (Howell) Criminal procedure; probation; conditions of probation;
include participation in drug treatment court. Tie bar with SB 998.
Status: 3/16/04 Referred to the House Judiciary Committee
HB
5674 (Acciavatti) Criminal procedure; sentencing; sentencing procedures;
include references to drug treatment courts.
Status: 3/23/04 Referred to the House Judiciary Committee
HB
5716 (Meisner) Juveniles; criminal procedure; commitment of juvenile
to drug treatment court; allow. Tie bar with SB 998.
Status: 3/30/04 Referred to the House Judiciary Committee
SB
998 (Cropsey) Courts; other; drug treatment courts; establish.
Status: 3/25/04 Referred to the House Judiciary Committee
SB
999 (Sanborn) Controlled substances; penalties; eligibility for probation
and dismissal of charges; restrict for drug treatment court participants.
Tie bar with SB 998.
Status: 3/25/04 Referred to the House Judiciary Committee
SB
1000 (Patterson) Criminal procedure; youthful trainees; eligibility
for youthful trainee program; coordinate with drug treatment courts. Tie
bar with SB 998.
Status: 3/25/04 Referred to the House Judiciary Committee
POSITION: Support in principle. Rationale:
The State Bar of Michigan supports the institutionalization and availability
of drug treatment courts.
Federal
News
Cases
Before Supreme Court Will Test Limits of Presidential Power
View
Full Text
(New York Times, 4/18/04)
Study Suspects Thousands of False Convictions
View
Full Text
(New York Times, 4/19/04)
Court Upholds Tribal Power It Once Denied
View
Full Text
(New York Times, 4/19/04)
Death Sentences Hinge on Court Decision
View
Full Text
(Detroit Free Press, 4/19/04)
Justices to
Weigh Arrests Made for Wrong Reasons
View
Full Text
(Washington Post, 4/20/04)
Supreme Court Hears the Case of Guantánamo
View
Full Text
(New York Timest, 4/21/04)
Government Slack in Collecting Criminal Debt, Report Says
View
Full Text
(Detroit News, 4/24/04)
State
News
Accounts Allow State
Parties to Spend Donors' Money without Reporting it
View
Full Text
(Lansing State Journal, 4/21/04)
Estate, 'Sin'
Tax Bills Fail in House
View
Full Text
(Lansing State Journal,
4/22/04)
Justice Department: Mich. Needs Election Bills
View
Full Text
(Lansing State Journal,
4/24/04)
Time is Right to Run for House
View
Full Text
(Detroit Free Press,
4/23/04)
Kerry, Bush to Campaign in Michigan in Next Two Weeks
View
Full Text
(Detroit News 4/24/04)
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