Public Policy Update from the State Bar of Michigan
June 13–19, 2011
Volume 9 Issue 25

FOCUS: Criminal Justice Information System Advisory Board
On June 16, 2011, Governor Rick Snyder signed Executive Order 2011-07, which establishes a Criminal Justice Information System Advisory Board. The Board will work to ensure agencies share vital information related to community safety and justice. The Board will consist of 22 members, including the director of the Department of State Police; a member of the Michigan Judges Association; a member of the Michigan District Judges Association; a member of the State Court Administrative Office; and two members of Prosecuting Attorneys Association of Michigan.
Executive Order 2011-07

Press Release: Snyder Creates Criminal Justice Information System Advisory Board

In the Capitol
On Tuesday June 21, Senate session will start at 1 p.m.
Senate Session Schedule
House Session Schedule

Committee Meetings of Interest for the Week of 6/20
6/21 Senate Transportation
Agenda Items of Interest: SB 494 Allow electronic verification and certification in lieu of applicants' signature, and require applicant to document authority to be present in the United States; SB 495 Modify commercial driver licensing and internal registration plan requirements and certain sunset provisions.

6/21 Senate Judiciary
Agenda: SB 377 Make medical marihuana registry information available to law enforcement officers upon issuance of a medical marihuana card; SB 418 Clarify permissible causes of action under the medical marihuana law; And any other business to come properly before the committee.

6/22 House Appropriations
Agenda Item of Interest: HB 4731 Increase motion fees in court of appeals, and extend sunset.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/14–6/16
View all bills introduced 6/14–6/16

Of Interest to the Legal Community
HB 4740 Family law; child custody; factors determining best interest of child; include equal time with both parents as a factor. Amends sec. 3 of 1970 PA 91 (MCL 722.23).

HB 4742 Criminal procedure; defenses; Michigan public defense act; create. Creates new act.

HB 4755 Children; protection; ex parte emergency removal order allowing the department of human services to take protective custody of a child; allow. Amends secs. 10, 13a & 14, ch. XIIA of 1939 PA 288 (MCL 712A.10 et seq.) & adds secs. 14a & 14b to ch. XIIA.

HB 4769 Civil rights; equal protection; application of foreign laws; prohibit. Creates new act.

HB 4778 Family law; child custody; joint custody; mandate in every custody dispute between parents except in certain circumstances. Amends secs. 5 & 6a of 1970 PA 91 (MCL 722.25 & 722.26a).

SB 454 Civil procedure; evidence; testimony of a vulnerable adult; allow to be presented by videotape or closed-circuit television. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).

SB 0468 Criminal procedure; arrests; complainant's signature requirement to file a criminal complaint in cases alleging vulnerable adult abuse; prohibit magistrate from refusing to accept complaint because signed upon information and belief by individual other than the victim. Amends sec. 1a, ch. IV of 1927 PA 175 (MCL 764.1a).

SB 494 State; identification cards; electronic verification and certification in lieu of applicants' signature; allow, and require applicant to document authority to be present in the United States. Amends secs. 1 & 2 of 1972 PA 222 (MCL 28.291 & 28.292).

SB 495 Traffic control; driver license; commercial driver licensing and internal registration plan requirements and certain sunset provisions; modify. Amends secs. 57, 208b, 217a, 232, 301, 303, 306, 307, 307a, 312e, 312f, 312h, 314, 319b, 319d, 319f, 319g, 320a, 602b, 605, 732, 801, 801g, 802, 803b, 803r, 804, 806, 809, 811e, 811h & 907 of 1949 PA 300 (MCL 257.57 et seq.) & adds sec. 36b.

Of General Interest
HB 4779 Legislature; apportionment; redistricting of senate and house of representatives; provide for. Amends title & secs. 3 & 6 of 2001 PA 116 (MCL 4.2003 & 4.2006); adds secs. 1a, 2a & 5a & repeals secs. 1 & 2 of 2001 PA 116 (MCL 4.2001 & 4.2002).

HB 4780 Legislature; apportionment; redistricting of congressional districts; provide for. Amends title & secs. 3 & 5 of 1964 PA 282 (MCL 3.53 & 3.55); adds secs. 1a & 4a & repeals sec. 1 of 1964 PA 282 (MCL 3.51).

SB 497 Legislature; apportionment; redistricting of congressional districts; provide for. Amends title & secs. 3 & 5 of 1964 PA 282 (MCL 3.53 & 3.55); adds secs. 1a & 4a & repeals sec. 1 of 1964 PA 282 (MCL 3.51).

SB 498 Legislature; apportionment; redistricting of senate and house of representatives; provide for. Amends title & secs. 3 & 6 of 2001 PA 116 (MCL 4.2003 & 4.2006); adds secs. 1a, 2a & 5a & repeals secs. 1 & 2 of 2001 PA 116 (MCL 4.2001 & 4.2002).

In the Hall of Justice
Proposed Amendments
2008-36—Proposed Amendment of Rule 7.202 of the Michigan Court Rules and Proposed Adoption of Administrative Order No. 2011-XX
Alternative A, the proposed amendment of MCR 7.202 would establish that an order suppressing material and substantial evidence is considered a final order, and therefore subject to an appeal by right. By contrast, Alternative B, a proposed administrative order, would establish a right to a mandatory stay while a prosecutor pursues interlocutory appeal of a trial court's decision to suppress a prosecutor's evidence. These proposals were prompted by the Court's decision in People v Richmond, 486 Mich 29 (2010), in which the Court held that a prosecutor's decision to move to dismiss the prosecutor's case makes the case moot on appeal.
Issued: June 14, 2011
Comment period expiration: October 1, 2011
Public Hearing: To be scheduled

Other Actions
2002-29—Proposed Michigan Standards for Imposing Lawyer Sanctions
Issued: June 14, 2011
Action: Court declined to adopt and file closed.

At the Bar
Sections and Committees
The Family Law Section submitted Public Policy positions on the following items:
Oppose: SB 257 Family law; marriage and divorce; application requirements for marriage license; modify proof of identification requirements. Amends sec. 2 of 1887 PA 128 (MCL 551.102).

Oppose: HB 4414 Family law; marriage and divorce; application requirements for marriage license; modify proof of identification requirements. Amends sec. 2 of 1887 PA 128 (MCL 551.102).

Oppose: HB 4672 Family law; marriage and divorce; division of property in divorce; enact statutory standards. Amends secs. 18 & 19 of 1846 RS 84 (MCL 552.18 & 552.19).

Oppose: HB 4673 Family law; marriage and divorce; division of property on divorce; enact statutory standards. Amends sec. 1 of 1949 PA 42 (MCL 552.401).

Federal News
Supreme Court Rules Rights Violated in Jailing Over Child Support
(New York Times, 6/20/11)

Costs Are High for Convictions of Wrong People
(New York Times, 6/18/11)

State News
Grand Rapids Law Firms Unite to Drive Diversity
(Mlive.com, 6/16/11)

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