Public Policy Update from the State Bar of Michigan
January 21, 2014
Volume 12 Issue 3

In the Capitol
Committee meetings of interest for the week of 1/21
1/21 Senate Judiciary, 2:00 PM, House Office Building Room 110
Agenda: **PLEASE NOTE TIME**
SB 572 Provide for carrying of electromuscular disruption devices by certain individuals in weapon-free zones;
SB 573 Update certain references in sentencing guidelines;
And any other business before the committee.

1/22 House Criminal Justice, 10:30 AM, House Office Building Room 327
Agenda:
HB 5108 Allow resale of event tickets at higher or lower prices;
HB 5025 Allow victim of human trafficking to set aside certain prostitution convictions under certain circumstances;
HB 5157 Modify offense variable for crime of aggravated physical abuse.
HB 4755 Require court to prohibit ownership of animals by a person convicted by certain crimes against animals for a period of at least 5 years (Re-referring to House Judiciary Committee);
HB 5061 Require animal shelters to deny adoptions under certain circumstances, and allow animal shelters to consider prior criminal history before adoption; (Re-referring to House Judiciary Committee);
HB 5062 Allow access by animal shelter to certain criminal history record information through ICHAT without a fee for purposes of animal adoption (Re-referring to House Judiciary Committee);
HB 5063 Require prosecuting attorneys to report charges of animal abuse to department of state police for purposes of animal adoption (Re-referring to House Judiciary Committee).
SBM Position on HB 5025: Support.
Criminal Jurisprudence & Practice Committee Position on HB 5025: Support.
Prisons & Corrections Section Position on HB 5025:
Support.

1/23 House Judiciary, 9:00 AM, House Office Building Room 521
Agenda:
HB 4486 Allow involuntary substance abuse assessment, stabilization, and treatment for adults;
SB 628 Allow delivery of victim statement by parents of a minor under certain circumstances.

Complete Committee Meeting List

Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.

SB 0475 (Trampoline Court Safety Act) advanced to third reading in the House with substitute H-2 on January 14.
Negligence Law Section Position: Oppose.

Legislation Introduced 1/14 – 1/16
View all bills introduced 1/14-1/16
Of Interest to the Legal Community
SB 0736 Children; protection; in child protection cases with a parent or guardian who has certain prescribed medication; revise determination process of whether the parent or guardian is competent to continue custody of the child. Amends sec. 13a, ch. XIIA of 1939 PA 288 (MCL 712A.13a).

New Public Acts

In the Hall of Justice
E-mail scam uses fake court summons to target victims, possibly to transmit computer virus or malware

Volunteer docents needed for Michigan Supreme Court Learning Center

Grandparents’ rights case before Michigan Supreme Court last week; Court also to hear case alleging Michigan pharmacies overcharged for generic prescription drugs

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, January 22, 2014, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915. The hearing will begin promptly at 9:30 a.m. Persons who wish to address the Court regarding matters on the agenda should notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, January 20, 2014.
For SBM Positions, see last week’s Public Policy Update.

At the Bar
In Memoriam: Hon. Patricia J. Boyle (1937-2014)

The Board of Commissioners met on January 17, 2014 at which time the State Bar of Michigan adopted the following public policy positions:

ADM File No. 2012-11 - Proposed Amendment of MCR 6.302
This proposed amendment would add a harmless-error provision identical to that in FR Crim P 11(h).
SBM Position: Oppose.

ADM File No. 2013-03 - Proposed Amendment of MCR 2.302
The proposed amendment would clarify that discovery is available in postjudgment proceedings in domestic relations matters.
SBM Position: Support.

ADM File No. 2013-04 - Proposed Amendment of MCR 3.705
The proposed amendment of MCR 3.705(C) would prohibit publication of information on the Internet that could reveal the identity or location of the protected party.
SBM Position: Support.

ADM File No. 2013-19 - Proposed Amendment of MCR 3.602
The proposed changes of MCR 3.602 would apply to all other forms of arbitration that are not described in the newly adopted Revised Uniform Arbitration Act, MCL 691.1681 et seq.
SBM Position: Support.

HB 5012 Crimes; prostitution; minors engaged in prostitution; create presumption of coercion under certain circumstances. Amends sec. 451 of 1931 PA 328 (MCL 750.451).
SBM Position: Support.

HB 5025 Criminal procedure; expunction; victim of human trafficking to set aside certain prostitution convictions; allow under certain circumstances. Amends secs. 1, 2 & 4 of 1965 PA 213 (MCL 780.621 et seq.).
SBM Position: Support.

HB 5026 Juveniles; other; court jurisdiction over dependent juveniles in danger of substantial physical or psychological harm; allow. Amends sec. 2, ch. XIIA of 1939 PA 288 (MCL 712A.2).
SBM Position: Support.

HB 5055 Criminal procedure; warrants; defraying of costs incurred by local unit of government in executing bench warrants; allow. Amends sec. 1f, ch. IX of 1927 PA 175 (MCL 769.1f).
SBM Position: Oppose.

HB 5078 Criminal procedure; sentencing guidelines; sentencing guidelines commission; reestablish. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 32 & 33 to ch. IX.
SBM Position: Support.

HB 5082 Family law; parenting time; parenting coordinator; create. Amends 1970 PA 91 (MCL 722.21 - 722.31) by adding sec. 7c.
SBM Position: Support.
(Position adopted by roll call vote: Commissioners voting in favor of the position: Allen, Anderson, Barnes, Brake, Brown, Buchanan, Buiteweg, Burns, Einhorn, Gilmer, Gobbo, Grieco, Irons, McCarthy, Nolan, Pero, Radke, Riordan, Rockwell, Rombach, Shovein, Siriani, Ulrich. Commissioners voting against the position: Costello, Quick, Williams.)

HB 5127 Criminal procedure; sentencing; assessment fee for conviction of a misdemeanor or felony; create, and earmark into a safe and secure schools fund. Amends sec. 1j, ch. IX of 1927 PA 175 (MCL 769.1j).
SBM Position: Oppose.

HB 5154 Criminal procedure; preliminary examination; certain rules and procedures for conducting a preliminary examination; revise. Amends secs. 4, 7, 11a, 11b & 13, ch. VI of 1927 PA 175 (MCL 766.4 et seq.).
SBM Position: Support the bill, working to include the following provisions:
(1) allow a complaining witness to testify at a pre-preliminary examination conference but require meaningful discovery to be provided to defense counsel sufficiently in advance of the hearing before requiring cross-examination to be conducted;
(2) allow testimony from a witness outside the courtroom for bind over purposes, but allow admissibility at trial of only video-recorded testimony;
(3) allow the defense counsel to call witnesses at the preliminary examination;
(4) eliminate the loss-prevention officer from those who could testify to hearsay;
(5) allow severance of co-defendant’s preliminary examination if court finds reasons on the record.

HB 5155 Courts; district court; probable cause conferences in felony and misdemeanor cases; clarify district court's jurisdiction. Amends secs. 8311 & 8511 of 1961 PA 236 (MCL 600.8311 & 600.8511) & repeals sec. 2167 of 1961 PA 236 (MCL 600.2167).
SBM Position: Support.

SB 0519 Civil procedure; other; fines, costs, and other indebtedness to courts; require SCAO to establish a database, and require civil litigants to check database before paying or collecting on a judgment. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1477.
SBM Position: Oppose.

SB 0520 Crime victims; restitution; restitution orders for crime of nonpayment of support; clarify. Amends sec. 165 of 1931 PA 328 (MCL 750.165).
SBM Position: Oppose.

SB 0521 Family law; child support; authority of friend of the court to issue subpoenas for show cause and notice to appear; allow, and provide for other general amendments. Amends secs. 31, 32, 33, 37, 44 & 45 of 1982 PA 295 (MCL 552.631 et seq.) & adds sec. 36.
SBM Position: Support.

SB 0558 Mental health; other; program to divert persons with serious mental illness from justice system to treatment; establish. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding sec. 207a & repeals sec. 207 of 1974 PA 258 (MCL 330.1207).
SBM Position: Support.

SB 0591 Criminal procedure; expunction; setting aside criminal conviction on grounds of being a victim of human trafficking; allow under certain circumstances. Amends secs. 1, 2 & 4 of 1965 PA 213 (MCL 780.621 et seq.).
SBM Position: Support.

H.R. 2509: Civil Justice Tax Fairness Act of 2013 To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes.
SBM Position: Support.

S. 1224: Civil Justice Tax Fairness Act of 2013 A bill to amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes.
SBM Position: Support.

Sections and Committees
The Criminal Law Section submitted public policy position reports on the following items:
Oppose: HB 5055 Criminal procedure, warrants; Criminal procedure, arrests; Courts, district court. Criminal procedure; warrants; defraying of costs incurred by local unit of government in executing bench warrants; allow. Amends sec. 1f, ch. IX of 1927 PA 175 (MCL 769.1f).

Support: HB 5078 Criminal procedure, sentencing guidelines. Criminal procedure; sentencing guidelines; sentencing guidelines commission; reestablish. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 32 & 33 to ch. IX.

Oppose: HB 5127 Criminal procedure, sentencing; Education, financing; State agencies (existing), education. Criminal procedure; sentencing; assessment fee for conviction of a misdemeanor or felony; create, and earmark into a safe and secure schools fund. Amends sec. 1j, ch. IX of 1927 PA 175 (MCL 769.1j).

Support and Amend: HJR V Family law; marriage and divorce; constitutional prohibition of same-sex marriage and civil unions; repeal. Repeals sec. 25, art. I of the state constitution.

Support and Amend: SB 0633 Traffic control; other; option of community service in lieu of payment of driver responsibility fees; allow in certain circumstances. Amends sec. 732a of 1949 PA 300 (MCL 257.732a) & adds sec. 732b.

Oppose: SB 0652 Courts; judges; court of claims; provide for certain number of court of appeals judges to serve as court of claims judges, and expand jurisdiction. Amends secs. 308, 841, 6404, 6407, 6410, 6413, 6419, 6421, 6422 & 8304 of 1961 PA 236 (MCL 600.308 et seq.) & repeals sec. 6419a of 1961 PA 236 (MCL 600.6419a).

Oppose: SB 0661 Campaign finance; contributions and expenditures; general amendments; provide for. Amends secs. 4, 6, 26, 33, 46, 47, 52, 52a, 55 & 69 of 1976 PA 388 (MCL 169.204 et seq.).

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines