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In
the Capitol
Committee
meetings of interest for the week of 11/09.
11/12/03
House Judiciary
Agenda items: HB
5039 Expand and clarify right to bring action (grandparenting time);
HB
4104 Amend adoption code to establish child custody act provisions
as controlling (grandparenting time).
11/12
House Criminal Justice
Agenda
items: SB
658 Prohibit and provide penalties for failure to stop at scene of
accident involving watercraft resulting in serious impairment or death;
SB
659 Enact sentencing guidelines for crime of failing to stop at scene
of accident involving watercraft that causes serious injury or death;
SB
648 Require inspection for contamination sites of clandestine labs
for illegal drug manufacturing; SB
649 Increase penalties for possessing equipment for manufacturing
methamphetamine; SB
650 Prohibit possession of certain amounts of pseudoephedrine; SB
651 Enact sentencing guidelines for crime of possessing more than
10 grams of pseudoephedrine; SB
652 Establish as a felony transporting anhydrous ammonia in nonapproved
container; SB
698 Include in sentencing guidelines penalties for possessing equipment
for manufacturing methamphetamine; SB
777 Implement in sentencing transporting anhydrous ammonia in nonapproved
container; SB
511 Provide for penalties for failure to properly dispose of a body
within a reasonable time period; SB
508 Enact sentencing guidelines for crime of failing to dispose of
human body as provided by written agreement.
11/12/03
Senate Judiciary
Agenda items: SB
792 Create identity theft protection act; SB
797 Establish sentencing guidelines for crimes of identity theft;
SB
793 Clarify crime of obtaining personal identity information of another
with intent to unlawfully use the information; SB
794 Allow victim of identity theft to obtain certificate as proof
of theft from prosecuting attorney or attorney general; SB
795 Social security number privacy act (establish and provide penalties
and remedies); SB
796 Establish database for identity theft victims; SB
798 Create remedy in Michigan consumer protection act certain violations
of identity theft protection act; SB
657 Prohibit requirement for disclosure of social security number
to purchase or obtain certain goods or services of a retailer; SB
803 Provide for tolling of statute of limitations in certain cases
of identity theft; SR
182 A resolution to memorialize the Congress of the United States
to enact legislation to provide greater protections against identity theft;
SR
183 A resolution to memorialize the Congress of the United States
to amend the Fair Credit Reporting Act to provide that the statute of
limitations for an identity theft suit is two years from the time the
fraud was discovered; SR
186 A resolution to memorialize the United States Congress to enact
legislation to prohibit the use of a person's Social Security number as
an identification number beyond its original purpose.
Complete Committee
Meeting List
In
the Hall of Justice
False Firefighter’s
Case to Come Before Supreme Court
View
Full Text
(Michigan Supreme Court, 11/07/03)
At
the Bar
The
Representative Assembly will meet on Friday, November 14th at 10:00 am
in Lansing at Cooley Law School.
Sections and Committees
The Legal Aid Committee reported the following positions. For a faxed
copy of the complete report, please call (517) 346-6325.
HB
4208 Juveniles; other; procedure in family division of circuit
court for truant juveniles; revise and give court jurisdiction over parents
and guardians of truants.
Oppose the adoption of HB 4208.
HB
4772 Family law; friend of the court; administrative adjustment
in the income withholding order to account for arrearages; allow and provide
enforcement procedures for noncompliance by employers.
Recommends that the State Bar of Michigan oppose House Bill 4772.
HB
4773 Children; support; circumstances requiring a review
of child support; revise.
Recommends that the State Bar of Michigan support House Bill 4773.
HB
4983 Occupations; service occupations; licensure of immigration
clerical assistants; provide for.
Support.
State
News
Macomb County Lists Cases Online: Circuit
Court's index dates to 1966; it's the 3rd database in state View
Full Text
(Detroit Free Press, 11/03/03)
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Court
Rules and Administrative Orders
Administrative Orders
Michigan
Supreme Court Issues Order Addressing Appellate Delay Reduction
Administrative
Order No. 2003-6 - File No. 2002-34
(Case Management at the Court of Appeals)
Revised COA
8/29/03 Proposal: File 2002-34
Issued: November
4, 2003
As part of its appellate delay reduction program, the Court of Appeals
has advocated amendments to MCR 7.212 which would eliminate extensions
by stipulation, and reduce briefing time. Despite its general support
for the appellate delay reduction program and acclamation for its successes
to date, the State Bar opposed the amendments to MCR 7.212 out of concern
that the proposed changes would jeopardize the quality of appellate
briefing and service to clients while failing to achieve the intended
effect of shortening case processing times overall. The State Bar has
been working with the Court of Appeals to develop alternative ways to
reduce appellate delay at the intake stage.
The Michigan Supreme
Court published the Court of Appeals' proposal for comment on March
11, and held a public hearing on the briefing and stipulation proposals
on September 25. The Court's
November 4 order
directs the Court of Appeals to develop a plan for the management
of civil cases that includes "just in time" briefing is due February
1, 2004. (The "just in time" briefing typically refers to rules under
which briefing schedules are worked out in advance, and briefs are filed
close in time to when oral argument is scheduled to be held.) The order
encourages the Court of Appeals to continue to work with the State Bar,
and plans are already underway to that effect.
The proposal to
shorten briefing times and end extensions by elimination, as amended
by the Court of Appeals on August 29, remains under consideration.
Proposed Amendments
2002-06
and 2003-02 Proposed Amendment of Rule 2 of Rules for the Board of Law
Examiners
Issued: November 4, 2003
Comment period expires: February 1, 2004
Public Hearing:
Tentatively scheduled for January 29, 200
The proposed amendment would eliminate the "LLM exception"
for Bar admission whereby an applicant who is a graduate of an ABA-accredited
law school with an LLB or LLM degree but not a JD may sit for the bar
examination.
Legislation
Introduced 11/4 - 11/6
SB
823 Courts; judges; various circuit,
probate, and district judgeships; revise.
SB
829 Courts; circuit court; sixteenth judicial circuit; allow
additional judgeship.
SB
830 Juveniles; criminal procedure; procedure for probation requirements
of relocating juveniles; clarify.
HB
5223 Cities; ordinances; quality of life violation regarding
the construction code; prescribe enforcement of.
HB
5224 Cities; ordinances; noxious weed violations; allow to be
designated as quality of life violations by cities, townships, or
villages.
HB
5259 Children; support; nonprosecution for arrearages in friend
of the court cases if payer is participating in child support amnesty
program; provide for.
HB
5261 Children; support; nonprosecution under the support and
parenting time enforcement act for arrearages if payer is participating
in child support amnesty program; provide for. TIE
BAR WITH HB 4654.
HB
5262 Children; support; nonprosecution under the penal code
for failure to support a child if the individual is participating
in child support amnesty program; provide for. TIE BAR WITH HB 4654.
HB
5271 Courts; circuit court; third judicial circuit; revise provisions
concerning number of judges.
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