Public Policy Update from the State Bar of Michigan
September 16–23, 2012
Volume 10 Issue 38

In the Capitol
The Michigan House of Representatives and Senate will not hold session on September 26, in observance of Yom Kippur. In addition the House will hold no voting on September 25.
House Session Schedule
Senate Session Schedule

Committee Meetings of Interest for the Week of 9/24
9/25 Senate Judiciary
Agenda:
SB 1295 Require certain records of probation to be provided to the Michigan commission on law enforcement standards; SB 1296 Enact statute of repose for actions against an attorney-at-law or a law firm; SB 1209 Expand definition of predatory conduct to include preoffense conduct directed at a law enforcement officer posing as a potential victim; SB 694 Provide for probate court jurisdiction to terminate parental rights of a parent who commits a criminal offense against a child; SB 1303 Provide for probate court jurisdiction to terminate parental rights of a parent who is or will be imprisoned for 2 or more years for offense against a child; SB 1000 Prohibit parenting time in a country not a party to the Hague convention on the civil aspects of international child abduction; HB 4725 Crime victims; rights; Exempt from disclosure under the crime victims right act information concerning minors who have been victims of child abuse or sex crimes.
SBM Position on HB 4725: Support
Children's Law Section Position on SB 694: Oppose
Family Law Section on SB 1000: Oppose

9/25 Senate Appropriations
Agenda Items of Interest: SB 1179 Courts; court of appeals; Allow certain fees collected by the state court of appeals to be used to implement the probation swift and sure sanctions act.

9/27 House Judiciary
Agenda:
HB 5789 Declare property on which animal fighting is conducted to be a nuisance; HB 5692, HB 5693, HB 5694, HB 5695 Revise elements of certain arson violations and provide for increased penalties; Revise elements of certain arson violations and provide for increased penalties; Revise elements of certain arson violations and provide for increased penalties; HB 5076 Clarify process for challenging an approved local government budget; HB 5664, HB 5665 Maintain alcohol content for individuals operating a motor vehicle under the influence of alcoholic liquor in the code of criminal procedure 0.08 without reversion to 0.10; HB 5600 Clarify eligibility to set-aside convictions for juvenile adjudications; HB 4998 Make miscellaneous revisions to court procedures on evictions; HB 4263 Modify requirement for lawful reentry by landlord.
SBM Position on HB 4998: Oppose
Civil Procedure and Courts Committee Position on HB 4998: Oppose

9/27 House Families, Children and Seniors
Agenda Items of Interest: Testimony Only: SB 246 Revise juvenile competency standards; SB 247 Clarify juvenile competency and culpability; HB 4555 Clarify juvenile competency and culpability; HB 4556 Revise juvenile competency standards.
SBM Position on SB 246, SB 247, HB 4555, and HB 4556: Support SB 0246, SB 0247, HB 4555, and HB 4556 but respectfully requests an amendment be made regarding the qualifications of who performs a competency evaluation.
Criminal Law Section Position on SB 246 and SB 247: Support and Recommend Amendments.
Criminal Jurisprudence & Practice Committee Position SB 246, SB 247, HB 4555, and HB 4556: Adopt the Criminal Law Section Position.
Justice Policy Initiative Position on SB 246, SB 247, HB 4555, and HB 4556: Adopt the Criminal Law Section Position.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 9/11–9/13
View all bills introduced 9/11–9/13
Of Interest to the Legal Community
Of General Interest

Legislation Introduced 9/19–9/20
View all bills introduced 9/19–9/20
Of Interest to the Legal Community
HB 5929 Probate; wills and estates; personal representative; give power to control the online mail, social media, and similar accounts of the deceased. Amends 1998 PA 386 (MCL 700.1101–700.8206) by adding sec. 3723.
HB 5932 Law enforcement; other; Michigan crime stoppers act; create and provide for criminal assessments to fund crime stopper activities. Creates new act.
HB 5934 Health; diseases; expedited partner therapy; allow, and provide immunity from civil, criminal, and administrative liability under certain circumstances. Amends secs. 17745, 17751, 17754 & 17757 of 1978 PA 368 (MCL 333.17745 et seq.) & adds sec. 5110.
HB 5935 Crimes; other; bullying and cyberbullying; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1–750.568) by adding sec. 411x.
HB 5938 Criminal procedure; other; diversion from jail for certain individuals under certain circumstances; allow. Amends 1927 PA 175 (760.1–777.69) by adding sec. 85 to ch. VII.
HB 5939 Courts; other; priority for providing mental health services to individuals diverted from jail; require under certain circumstances. Amends sec. 208 of 1974 PA 258 (MCL 330.1208).
SB 1295 Law enforcement; other; certain records of probation to be provided to the Michigan commission on law enforcement standards; require. Amends sec. 7411 of 1978 PA 368 (MCL 333.7411).
SB 1296 Civil procedure; statute of limitations; statute of repose for actions against an attorney-at-law or a law firm; enact. Amends sec. 5838 of 1961 PA 236 (MCL 600.5838) & adds sec. 5838b.
SB 1303 Children; parental rights; probate court jurisdiction to terminate parental rights of a parent who is or will be imprisoned for 2 or more years for offense against a child; provide for. Amends secs. 13a, 18f & 19a, ch. XIIA of 1939 PA 288 (MCL 712A.13a et seq.). TIE BAR WITH: SB 0694'11
SB 1304 Torts; liability; private landing field open to public; establish limited liability for aviation-related activities. Amends sec. 73301 of 1994 PA 451 (MCL 324.73301).

In the Hall of Justice
The Michigan Supreme Court will hold a public administrative hearing on Thursday, September 27, 2012, 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 Tuesday, September 25, 2012.
For SBM Positions, see last week's Public Policy Update.

At the Bar
FOCUS: The Board of Commissioners met on September 19, 2012 at which time the State Bar of Michigan adopted the following Public Policy positions:
SB 0743 (Jones) Children; abduction; uniform child abduction prevention act; create. Creates new act.
SBM Position: Support

HB 5804 (McMillin) Criminal procedure; defenses; statewide standards and accountability measures of trial level indigent criminal defense services; implement. Creates new act.
SBM Position: Support

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