April 18, 2004 - April 24, 2004
Volume 2 Issue 17

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.

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
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(New York Times, 4/18/04)

Study Suspects Thousands of False Convictions
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(New York Times, 4/19/04)

Court Upholds Tribal Power It Once Denied
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(New York Times, 4/19/04)

Death Sentences Hinge on Court Decision
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(Detroit Free Press, 4/19/04)

Justices to Weigh Arrests Made for Wrong Reasons
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(Washington Post, 4/20/04)


Supreme Court Hears the Case of Guantánamo
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(New York Timest, 4/21/04)

Government Slack in Collecting Criminal Debt, Report Says
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(Detroit News, 4/24/04)

State News
Accounts Allow State Parties to Spend Donors' Money without Reporting it
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(Lansing State Journal, 4/21/04)


Estate, 'Sin' Tax Bills Fail in House
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(Lansing State Journal, 4/22/04)

Justice Department: Mich. Needs Election Bills
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(Lansing State Journal, 4/24/04)

Time is Right to Run for House
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(Detroit Free Press, 4/23/04)

Kerry, Bush to Campaign in Michigan in Next Two Weeks
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(Detroit News 4/24/04)




Links of Interest
Public Policy Resource Center
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