July 11, 2005 -July 17, 2005
Volume 3 Issue 27

In the Capitol
Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 7/13
Of Interest to the Legal Community
HB 5054 Torts; governmental immunity; licensed health professionals assisting public safety in search, rescue, and recovery resulting from natural or manmade disasters and emergencies; provide liability protection. Amends sec. 7 of 1964 PA 170 (MCL 691.1407).

Of General Interest
HB 5049 Sales tax; collections; pilot program requiring taxpayers to file electronically daily; create. Amends 1933 PA 167 (MCL 205.51 - 205.78) by adding sec. 9a.

HB 5053 Traffic control; violations; use of a handheld cellular device while driving; prohibit in most circumstances. Amends 1949 PA 300 (MCL 257.1 - 257.923) by adding sec. 677b.

In the Hall of Justice
Rule Amendments
2004-52 - Amendment of Rule 6.120 of the Michigan Court Rules
The amendments, effective January 1, 2006, reflect the recommendations of the Committee on the Rules of Criminal Procedure as requested by the Court in People v Nutt, 469 Mich 565 (2004).
Issued: July 13, 2005
Effective: January 1, 2006

2003-04 - Amendment of Rules 2.510, 2.511, 6.001, 6.004, 6.005, 6.102, 6.104, 6.106, 6.107, 6.110, 6.112, 6.113, 6.201, 6.303, 6.304, 6.310. 6.311, 6.402, 6.412, 6.414, 6.419, 6.420, 6.427, 6.429, 6.431, 6.610, 6.615, and 6.620; and the adoption of Rules 6.006, 6.111, and 6.428 of the Michigan Court Rules
On March 12, 2002, the Court appointed the Committee on the Rules of Criminal Procedure to review the rules to determine whether any of the provisions should be revised. The committee issued its report on June 16, 2003, recommending numerous amendments to existing rules, plus some new rules. A public hearing on the committee’s recommendations was held May 27, 2004.
Issued: July 13, 2005
Effective: January 1, 2006

2003-04 - Amendment of Rules 6.302, 6.425, 6.445, and 6.625 of the Michigan Court Rules
On March 12, 2002, the Court appointed the Committee on the Rules of Criminal Procedure to review the rules to determine whether any of the provisions should be revised. The committee issued its report on June 16, 2003, recommending numerous amendments to MCR 6.302 and 6.725. The committee did not recommend any amendments to MCR 6.625. A public hearing on the committee’s recommendations was held May 27, 2004.
Issued: July 13, 2005
Effective: July 13, 2005

Administrative Orders
Amendment of Administrative Order No. 2000-3 - File No. 2003-04
Effective January 1, 2006, video and audio proceedings are governed by MCR 6.006.
Issued: July 13, 2005
Effective: January 1, 2006

Rescission of Administrative Order Nos. 1990-4, 1991-5, and 1992-5 - File No. 2003-04
Effective January 1, 2006, plea acceptance by district judges in felony cases is governed by 6.111.
Issued: July 13, 2005
Effective: January 1, 2006

Amendment of Administrative Order No. 1988-4 - File No. 2003-04 (Sentencing Guidelines)
The amendment of MCR 6.425(D), effective immediately, eliminate the requirement that the sentencing court complete a sentencing information report. Given this change, and because the judge is required to explain any departure on the record, the requirement that the judge complete a sentencing information report was also stricken from this administrative order. Obsolete references to the Recorder’s Court of the City of Detroit and the Sentencing Guidelines Advisory Committee were also stricken.
Issued: July 13, 2005
Effective: July 13, 2005

Proposed Amendments
2005-28 - Proposed Amendment of Rules 9.108 and 9.109 of the Michigan Court Rules
The proposed changes allow the grievance administrator, rather than the Court, to appoint a deputy administrator.
Issued: July 13, 2005
Comment period expires: November 1, 2005
Public Hearing: To be scheduled

2005-02 - Proposed Administrative Order regarding Privacy Policy and Access to Court Records
The Court is considering adoption of the proposed Administrative Order to ensure the confidentiality of social security numbers and management of nonpublic information contained within public documents filed within the judiciary.
Issued: July 13, 2005
Comment period expires: November 1, 2005
Public Hearing: To be scheduled

2004-24 - Proposed Amendment of Rule 7.211 of the Michigan Court Rules
The proposed change is intended to clarify that where claims that are the subject of motions for remand require development of facts not of record, the motion must be supported by affidavit or offer of proof regarding the facts to be established at a hearing.
Issued: July 13, 2005
Comment period expires: November 1, 2005
Public Hearing: To be scheduled

At The Bar
Sections and Committees
The Negligence Law Section submitted the following public policy reports:
HB 4669 Torts; immunity; "Good Samaritan" law; expand to apply to any health care professional providing voluntary, nonemergency services. Amends sec. 16277 of 1978 PA 368 (MCL 333.16277).

Oppose: HB 5024 Civil procedure; costs and fees; attorney contingency fees based on a sliding scale; provide for. Amends sec. 919 of 1961 PA 236 (MCL 600.919).

The Criminal Jurisprudence and Practice Committee submitted the following public policy report:
Oppose Destruction of Court Files: 2004-56 - Proposed Amendment of Rule 3.925 of the Michigan Court Rules
The April 5, 2005, proposed amendment of MCR 3.925(E)(2)(c) would require that records and files of all juvenile offenses be destroyed when the person becomes 30 years old, instead of the current language, which requires that the records and files of certain adjudicated juvenile offenses by retained permanently.

To obtain a copy of these reports, please email elyon@mail.michbar.org.

Federal News
Tougher Campaign Finance Rules Ordered
(Detroit News, 7/16/05)

State News
New Chief At MEDC Eager To Attract Jobs
(Lansing State Journal, 7/18/05)

Budget Chief Irwin Named State Director Of Agriculture
(Lansing State Journal, 7/14/05)

Michigan, 17 States OK E-Commerce Guidelines
(Lansing State Journal, 7/13/05)

GOP Tax Proposals Advance To Debate Before The Full House
(Lansing State Journal, 7/13/05)

 

 

 

 

 


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