Public Policy Update from the State Bar of Michigan
March 10, 2014
Volume 12 Issue 10

In the Capitol
Committee meetings of interest for the week of 3/10
3/11 Senate Judiciary, 2:30 PM, Farnum Room 110
Agenda:
SB 841 Revise penalties for certain violations involving food assistance, and provide for forfeiture of property obtained in the violation;
SB 842 Revise sentencing guidelines for crime of food stamp fraud to reflect increased penalties;
SB 843 Allow inspector general within the department of human services to appoint agents with limited arrest powers and the powers conferred on peace officers;
SB 844 Exempt certain agents of the state department of human services office of inspector general from certain weapons prohibitions;
And any other business properly before the committee.

3/11 House Appropriations: Corrections, 3:00 PM, Capitol Room 352
Agenda:
Department of Corrections Overview of the FY 2014-15 Executive Budget Recommendation; or any business properly before this committee.

3/12 House Criminal Justice, 10:30 AM, House Office Building Room 327
Agenda:
HB 5239 Require department of human services to report suspected child abuse or child neglect involving human trafficking to law enforcement;
HB 5241 Require registration as sex offender for committing certain prostitution and human trafficking violations;
HB 5234 Modify human trafficking provisions;
HB 5235 Amend sentencing guidelines for human trafficking crimes to reflect changes in human trafficking laws.
HB 5236 Amend criminal forfeiture provisions in the revised judicature act of 1961 to reflect changes in human trafficking law;
or any business properly before this committee.

3/12 House Appropriations: Judiciary, 12:00 PM, House Office Building 327
Agenda:
Overview of the FY 2014-15 Judiciary Budget Request --Chief Justice Robert P. Young, Jr., Michigan Supreme Court; Overview of the FY 2014-15 Court of Appeals Budget Request --Chief Judge William B. Murphy, Michigan Court of Appeals; or any business properly before this committee.

3/13 Senate Appropriations: Corrections Department, 9:00 AM, Capitol Senate Appropriations Room

3/13 House Appropriations: State Police, 9:00 AM, House Office Building Room 308
Agenda Item of Interest:
Criminal Justice Information Center.

3/13 Senate Appropriations: Judiciary, 12:00 PM, Capitol Senate Appropriations Room
Agenda:
Chief Justice Fiscal Year 2014-15 Budget Presentation.

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.

HB 4808 (Mandatory Life Imprisonment) was signed by the Governor on Tuesday, March 4. It is now Public Act 23 with Immediate Effect.

SB 0319 (Juvenile Parole) was signed by the Governor on Tuesday, March 4. It is now Public Act 22 with Immediate Effect.
Criminal Law Section Position: Support and Amend.
Prisons & Corrections Section Position: Support and Amend.

SB 0557 (Mental Health Code) was signed by the Governor on Thursday, March 6. It is now Public Act 29 with Immediate Effect.
Prisons & Corrections Section Position on SB 557 & SB 558:
Support.

SB 0558 (Mental Health Code) was signed by the Governor on Thursday, March 6. It is now Public Act 28 with Immediate Effect.
SBM Position on SB 558: Support.
Criminal Jurisprudence & Practice Committee Position on SB 558: Support.
Prisons & Corrections Section Position on SB 557 & SB 558: Support.

Legislation Introduced 3/4 – 3/6
View all bills introduced 3/4-3/6
Of Interest to the Legal Community
HB 5383 Criminal procedure; evidence; expert witness testimony concerning chemical testing and custody of evidence by video communication; allow at preliminary examination and trial for certain prosecutions, and provide for release subject to conditions reasonably necessary for the protection of the public under certain circumstances. Amends sec. 1, ch. III, sec. 6b, ch. V & sec. 22, ch. VIII of 1927 PA 175 (MCL 763.1 et seq.).

HB 5388 Civil procedure; evictions; money judgment; allow service at same time as judgment for possession. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5746.

HB 5390 Civil procedure; garnishment; writ of garnishment regarding periodic payments; modify liability of garnishee. Amends sec. 4012 of 1961 PA 236 (MCL 600.4012).

HB 5391 Labor; fair employment practices; deductions from wages without written consent of employee; include certain reimbursements related to garnishment. Amends sec. 7 of 1978 PA 390 (MCL 408.477).

SB 0845 Criminal procedure; warrants; district court magistrate to issue an arrest warrant; allow. Amends sec. 1, ch. IV of 1927 PA 175 (MCL 764.1).

Of General Interest
HB 5384 Traffic control; driver license; preliminary chemical analysis test results; require to be entered into LEIN if results are positive. Amends 1949 PA 300 (MCL 257.1 - 257.923) by adding sec. 625j.

HB 5385 Crimes; intoxication or impairment; preliminary chemical testing for certain controlled substances; authorize, and provide for procedures and penalties for refusal. Amends secs. 625a, 625c, 625d & 625g of 1949 PA 300 (MCL 257.625a et seq.) & adds secs. 20e & 43a.

New Public Acts

At the Bar

The March 2014 issue of the Michigan Bar Journal is now available online.

Judicial Vacancy—39th Circuit Court, Lenawee County
Hon. Timothy P. Pickard is vacating his seat at 39th Circuit Court, Lenawee County. State Bar members interested in applying for the judgeship should submit an application March 19, 2014.]
View Information

Sections and Committees
The Insurance & Indemnity Law Section submitted a public policy position on the following item:
Oppose: SB 0743 Occupations; attorneys; voluntary membership in state bar; establish. Amends sec. 901 of 1961 PA 236 (MCL 600.901).

The Master Lawyers Section submitted a public policy position on the following item:
Oppose: SB 0743 Occupations; attorneys; voluntary membership in state bar; establish. Amends sec. 901 of 1961 PA 236 (MCL 600.901).

The Prisons & Corrections Section submitted public policy positions on the following items:
Oppose: 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).

Oppose: HB 5216 Corrections; parole; issuance by department of corrections of certificate of employability to certain prisoners; allow. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 34d.

Oppose: HB 5217 (Walsh) Labor; other; limited liability for employers that employ individuals issued a certificate of employability; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2956a.

Oppose: HB 5218 (Santana) Occupations; individual licensing and regulation; prerequisite of "good moral character"; eliminate for occupational licensing purposes. Amends sec. 2 of 1974 PA 381 (MCL 338.42).

Oppose: 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.

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.).

Support: 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.

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