Public Policy Update from the State Bar of Michigan
 
 
 

October 23, 2023
Volume 21, Issue 41


At the Capitol

10/24 House Criminal Justice, 9:00 a.m. MORE
Agenda:
SB 418 (Sen. Sylvia Santana) Human services: children's services; county child care fund reimbursement rate; increase.
SBM Position on SB 418: Support.
SB 421 (Sen. Veronica Klinefelt) Courts: family division; use of risk and needs assessment for juveniles in the juvenile justice system before disposition; require.
SBM Position on SB 421: Support.
SB 425 (Sen. Sue Shink) Courts: other; duties of the appellate defender; include requirement to defend youth.
SBM Position on SB 425: Support with Amendments.
SB 426 (Sen. Paul Wojno) Juveniles: juvenile justice services; juvenile justice residential per diem rates; modify.
SB 428 (Sen. Stephanie Chang) Juveniles: other; juvenile fines, fees, and costs; eliminate.
SBM Position on SB 428: Support.
SB 429 (Sen. Jeff Irwin) Juveniles: other; DNA fine for juveniles; eliminate.
SBM Position on SB 429: Support.
SB 432 (Sen. Roger Victory) Children: services; powers and duties of the child advocate; modify.
SB 435 (Sen. Dayna Polehanki) Children: services; reference to “children’s ombudsman” in 1973 PA 116; amend to “child advocate”.
SB 436 (Sen. John Damoose) Children: services; reference to “children’s ombudsman” in the child protection law; amend to “child advocate”.
HB 4917 (Rep. Samantha Steckloff) Criminal procedure: sentencing guidelines; sentencing guideline for assault and battery on certain vehicle operators and employees; provide for.
HB 4918 (Rep. Samantha Steckloff) Crimes: assaultive; assault or battery of certain vehicle operators and employees; prohibit under certain circumstances, and provide for penalties.

Recent Legislative Action:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4421 (William Van Regenmorter Crime Victim's Rights Act, Certain Public Video Recordings Of Court Proceedings) passed the Senate unanimously on October 19th.
SBM Position on HB 4421: Support HB 4421 with amendments to provide that a victim’s image must be blurred, and that blurring does not apply to contemporaneous streaming.
Criminal Law Section Position on HB 4421: Support with Recommended Amendments.

HB 4423 (William Van Regenmorter Crime Victim's Rights Act, Victim Impact Statements) passed the Senate unanimously on October 19th.
SBM Position on HB 4423: Support.

HB 4516 (An Act To Provide For The Prevention And Treatment Of Domestic And Sexual Violence) passed the Senate unanimously on October 19th.
Family Law Section Position on HB 4516: Support.

HB 4547 (An Act Establishing The Minimum Ages For Contracting Marriages, Marriage License Fee) was reported out of the House Committee on Families, Children & Seniors as substitute H-1 on October 17th.
Family Law Section Position on HB 4547: Support with Recommended Amendments.

The H-3 substitute of HB 4625 (Juvenile Diversion Act, Use Of Screening Tool For Minors Eligible For A Certain Diversion Option) was adopted on October 17th and passed the House 72 to 38.
SBM Position on HB 4625: Support.

The H-2 substitute of HB 4626 (Juvenile Diversion Act, Length Of Time Youth Can Be Placed On Precourt Diversion Program) passed the House 67 to 43 on October 17th.
SBM Position on HB 4626: Support with amendment to eliminate the possibility of restitution being used to exclude eligibility for pre-court diversion and the consent calendar, and to provide adequate criteria for determining when diversion should be extended beyond 3 months.

The H-2 substitute of HB 4628 (Probate Code Of 1939, Use Of Screening Tool For Minors Sought To Be Placed On The Consent Calendar) passed the House 74 to 36 on October 17th.
SBM Position on HB 4628: Support.

The H-2 substitute of HB 4629 (Probate Code Of 1939, Detention Of Juveniles In Certain Circumstances) passed the House 61 to 49 on October 17th.
SBM Position on HB 4629: Support with Amendments.

The H-3 substitute of HB 4630 (Michigan Indigent Defense Commission Act, Expand Duties To Include Indigent Defense Of Youth) passed the House 85 to 25 on October 17th.
SBM Position on HB 4630: Support.

The H-2 substitute of HB 4636 (Revised Judicature Act Of 1961, Late Fee For Juveniles) passed the House 58 to 52 on October 17th.
SBM Position on HB 4636: Support.

The H-2 substitute of HB 4637 (The Code Of Criminal Procedure, Juvenile Sentenced As Adult Fee) passed the House 56 to 54 on October 17th.
SBM Position on HB 4637: Support.

HB 4644 (A Bill To Adopt The Uniform Power Of Attorney Act) was reported out of the Senate Committee on Civil Rights, Judiciary & Public Safety without amendment on October 19th.
Elder Law & Disability Rights Section Position on HB 4644.
Probate & Estate Planning Section Position on HB 4644: Support.

HB 4645 (Natural Resources And Environmental Protection Act, Reference To Powers Of Attorney) was reported out of the Senate Committee on Civil Rights, Judiciary & Public Safety without amendment on October 19th.
Probate & Estate Planning Section Position on HB 4645: Support.

HB 4646 (Public Health Code, Reference To Powers Of Attorney) was reported out of the Senate Committee on Civil Rights, Judiciary & Public Safety without amendment on October 19th.
Probate & Estate Planning Section Position on HB 4646: Support.

HB 4718 (The Code Of Criminal Procedure, Prohibit Sexual Orientation Or Gender Identity Of A Victim As A Defense To A Crime) passed the House 56 to 53 on October 19th.
LGBTQ+ Law Section Position on HB 4718: Support.

HB 4850 (Revised Judicature Act Of 1961, Exemption From Jury Service For Certain Military Personnel) passed the House 86 to 23 on October 19th.
SBM Position on HB 4850: Support.

The H-1 substitute of HB 5046 (Revised Judicature Act Of 1961, Fees For Transcripts) was reported out of the House Committee on Criminal Justice on October 17th.
Negligence Law Section Position on HB 5046: Support.

SB 150 (Tax Tribunal Act, Methods For Tax Tribunal To Hold Small Claims Hearings) was reported out of the House Committee on Tax Policy without amendment on October 18th.
SBM Position on SB 150: Support.

SB 410 (Revised Judicature Act Of 1961, Limitation On Liability For Drugs) passed the Senate 30 to 8 on October 18th.
Negligence Law Section Position on SB 410: Support.


At the Court

NEWS

Supreme Court Schedules November Oral Arguments


At the Bar

NEWS

Michigan Treasury to host Garnishment Day Nov. 1, 2023
The Michigan Department of Treasury is again hosting Garnishment Day on November 1 for those wishing to file writs of garnishment.


Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines