June 13, 2005 -June 19, 2005
Volume 3 Issue 24

In the Capitol
Committee meetings of interest for the week of 6/20
6/21 House Tax Policy
Agenda: To be determined

6/21 Senate Judiciary
Agenda: SB 129 Prohibit individual convicted of child sexual assault from residing within 1 mile of a school or entering upon school property as condition of probation, and provide minimum term of probation; SB 605 Enact sentencing guidelines for crime of accepting employment or volunteer status with certain entities in which children are present; SB 606 Revise sentencing guidelines for crime of failing to report sex offender registration information to police agency to reflect increased penalties; SB 607 Require report upon vacating residence and revise penalties for failing to report certain sex offender registration information to police agency; SB 608 Allow use of certain evidence to prove the character of the defendant.

6/21 Senate Appropriations: Judiciary and Corrections
Agenda: Discussion of Closure of Newberry Correctional Facility and Camp Manistique

6/22 House Tax Policy
Agenda: to be determined

6/22 House Judiciary
Agenda: SB 193 Eliminate election districts within the eighth judicial district; HB 4936 Require criminal background checks for licensees, employees, and certain contract workers at child care centers and day care centers; HB 4958 Enact crime of child care center or day care center employee failing to self-report certain felony charges; SB 130 Require disclosure of certain convictions of persons coaching independent youth athletic teams; HB 4957 Enact sentencing guidelines for crime of accepting employment or volunteer status with certain entities in which children are present; HB 4937 Allow use of certain evidence to prove the character of the defendant; HB 4934 Require report upon vacating residence and revise penalties for failing to report certain sex offender registration information to police agency; HB 4935 Revise sentencing guidelines to reflect increased penalties for crime of failing to report sex offender registration information to police agency.
SBM Position: Support in Principle SB 193

6/23 House Tax Policy
Agenda: To be determined

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 6/14 – 6/16
Of Interest to the Legal Community
HB 4937 Criminal procedure; evidence; use of certain evidence to prove the character of the defendant; allow. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 27a to ch. VIII.

HB 4968 Probate; wills and estates; miscellaneous amendments to the estates and protected individuals code; enact. Amends secs. 1104, 2301, 2908, 3715, 3804, 3919, 5202, 5217, 5423, 7401, 7502 & 7508 of 1998 PA 386 (MCL 700.1104 et seq.).

SB 602 Family law; child custody; use of substitute service by order from court of record for certain out-of-state individuals; allow. Amends sec. 1 of 1966 PA 138 (MCL 552.451).

SB 608 Criminal procedure; evidence; use of certain evidence to prove the character of the defendant; allow. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 27a to ch. VIII.

Of General Interest
HB 4928 Education; teachers; change in procedures for notification of teachers being convicted of certain offenses and escrow of salaries for teachers convicted of certain offenses; provide for. Amends secs. 1535a & 1539b of 1976 PA 451 (MCL 380.1535a & 380.1539b). TIE BAR WITH: HB 4929, HB 4930

HB 4929 Education; teachers; teacher tenure act protection for teachers convicted of certain crimes; restrict. Amends sec. 1, art. IV of 1937 (Ex Sess) PA 4 (MCL 38.101) & adds sec. 1a to art. IV. TIE BAR WITH: HB 4928, HB 4930

HB 4930 Education; teachers; reporting requirements for teacher convicted of certain crimes; provide for. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1230d. TIE BAR WITH: HB 4928'05 HB 4929'05

HB 4931 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of school employee failing to report conviction for listed offense; enact. Amends sec. 13p, ch XVII of 1927 PA 175 (MCL 777.13p). TIE BAR WITH: HB 4930

HB 4932 Corrections; parole; student safety zones; establish. Amends title of 1994 PA 295 (MCL 28.721 - 28.732) & adds headings for arts. I & II & adds art. III.

HB 4933 Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of living, working, or loitering in a student safety zone; establish. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b). TIE BAR WITH: HB 4932

HB 4934 Criminal procedure; sex offender registration; penalties for failing to report certain sex offender registration information to police agency; revise, and require report upon vacating residence. Amends secs. 5 & 9 of 1994 PA 295 (MCL 28.725 & 28.729).

HB 4935 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of failing to report sex offender registration information to police agency; revise to reflect increased penalties. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b). TIE BAR WITH: HB 4934'05

HB 4951 Income tax; income; expenses incurred in the production of income; add to tax base. Amends sec. 36 of 1967 PA 281 (MCL 206.36).

HB 4953 Income tax; income; expenses incurred in the production of income; add to taxable income. Amends sec. 30 of 1967 PA 281 (MCL 206.30).

SB 596 Income tax; income; expenses incurred in the production of income; add to taxable income. Amends sec. 30 of 1967 PA 281 (MCL 206.30).

SB 598 Income tax; income; expenses incurred in the production of income; add to tax base. Amends sec. 36 of 1967 PA 281 (MCL 206.36).

SB 601 Education; school districts; criminal background checks on all school personnel; require and prohibit persons convicted of certain offenses from being allowed to work in schools. Amends secs. 1230 & 1230a of 1976 PA 451 (MCL 380.1230 & 380.1230a) & adds sec. 1230c. TIE BAR WITH: SB 0609, SB 0610, SB 0612

SB 606 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of failing to report sex offender registration information to police agency; revise to reflect increased penalties. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b). TIE BAR WITH: SB 0607

SB 607 Criminal procedure; sex offender registration; penalties for failing to report certain sex offender registration information to police agency; revise, and require report upon vacating residence. Amends secs. 5 & 9 of 1994 PA 295 (MCL 28.725 & 28.729).

SB 609 Education; teachers; teacher tenure act protection for teachers convicted of certain crimes; restrict. Amends sec. 1, art. IV of 1937 (Ex Sess) PA 4 (MCL 38.101) & adds sec. 1a to art. IV. TIE BAR WITH: SB 0601, SB 0610, SB 0612

SB 610 Education; teachers; change in procedures for notification of teachers being convicted of certain offenses and escrow of salaries for teachers convicted of certain offenses; provide for. Amends secs. 1535a & 1539b of 1976 PA 451 (MCL 380.1535a & 380.1539b). TIE BAR WITH: SB 0601, SB 0609, SB 0612

SB 611 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of school employee failing to report conviction for listed offense; enact. Amends sec. 13p, ch. XVII of 1927 PA 175 (MCL 777.13p). TIE BAR WITH: SB 0612

SB 612 Education; teachers; reporting requirements for teacher convicted of certain crimes; provide for. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1230d. TIE BAR WITH: SB 0601'05 SB 0609'05 SB 0610'05

At The Bar
U.S. District Court, E.D., Local Rule Change

Updated Out-of-State Geographical Roster for April 2005 Directory Issue of Michigan Bar Journal

Foundation AOJ Grant Applications Due July 11, 2005

Sections and Committees
The Prisons and Corrections Section submitted the following public policy report: Conditionally oppose HB 4542 unless the bill is amended to provide that a person’s inability to pay is a defense to a charge of nonpayment of child support.

The Standing Committee on Justice Initiatives submitted the following public policy report:
Oppose and Recommend State Bar Action:
2003-04 - Proposed Amendment of Rule 7.205 of the Michigan Court Rules
The April 5, 2005, proposed amendment of MCR 7.205(F)(3) would reduce the time for filing a late application for leave to appeal from the current deadline of 12 months from the entry of the final judgment or order appealed from or entry of an order resolving a timely filed postconviction motion to a deadline of 6 month from the entry of such orders. The proposed amendment of MCR 7.205(F)(4) would implement a 6-month deadline that corresponds to the reduction in subrule (3). The 6-month deadline in subrule (4) would make the limitation in (F)(3) inapplicable where the defendant files a postconviction motion within 6 months of the judgment or order appealed from and filed an application for leave to appeal within 21 days of the decision on a postconviction motion or if the defendant sought the appointment of counsel within 6 months of the order, and defendant files an application for leave to appeal within 42 days of the filing of the complete transcripts or within 42 days of the order appointing counsel if the transcript was filed before entry of that order.

Federal News
Lawmakers Trying Again To Divide Ninth Circuit
(New York Times, 6/19/05)

State News
Michigan Senate Cuts $1 Billion From Job Plan
(Detroit News, 6/20/05)

State Senators May Reconsider Closing Of U.P. Prison, Camp
(Detroit News, 6/16/05)

15,000 Families On Welfare Stuck In GOP-Dems' Battle
(Lansing State Journal, 6/16/05)

Links of Interest
Public Policy Resource Center
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