Public Policy Update from the State Bar of Michigan
September 30-October 6, 2013
Volume 11 Issue 40

Focus: Pro Bono Month
For the fifth year, the State Bar of Michigan has designated October as Pro Bono Month. Again this year, the State Bar's goal is to increase the number of pro bono events held in October and to publicize awareness of the need for pro bono legal services in the state. For more information about Pro Bono Month and to find an event near you please visit the State Bar's Pro Bono Month Website.

In the Capitol
Committee meetings of interest for the week of 10/7
10/8 Senate Judiciary
Agenda:
HB 4930 Repeal prohibition against displaying certain emblems and insignias on motor vehicles under certain circumstances;
SB 74 Require cyberbullying to be defined and addressed in anti-bullying policy, and require certain reporting;
SB 582 Increase penalties for intentionally discharging a firearm from vehicle or at a dwelling or a potentially occupied structure under certain circumstances;
SB 583 Enact sentencing guidelines for increased penalties for crime of intentionally discharging a firearm from a motor vehicle or at a dwelling or potentially occupied structure;
And any other business properly before the committee.

10/9 House Criminal Justice
Agenda:
SB 250 Increase penalties for assaulting certain health care professional;
SB 360 Enact sentencing guidelines for crime of assaulting or battering a health care professional;
HB 4889 Increase penalties for certain controlled substance offenses involving travel from another state with the intent to deliver.

10/9 House Families, Children and Seniors
Agenda Items of Interest:
HB 4649 Create resource families bill of rights;
HB 4650 Require children's ombudsman to investigate violations of resource families bill of rights law;
Testimony Only:
HB 4893 Require certain notifications to recipients regarding expungement from central registry records, limit maintenance of records to 10 years, and add certain individuals to the list of those who may receive the confidential record.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 10/1 – 10/3
View all bills introduced 10/1-10/3
Of Interest to the Legal Community
HB 5020 Courts; other; DWI/sobriety court interlock pilot project; eliminate sunset. Amends sec. 304 of 1949 PA 300 (MCL 257.304).

HB 5021 Courts; other; DWI/sobriety court interlock pilot project; eliminate sunset. Amends sec. 1084 of 1961 PA 236 (MCL 600.1084).

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.).

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).

HB 5039 Children; protection; duties of children's ombudsman; expand. Amends secs. 4, 5a, 6 & 10 of 1994 PA 204 (MCL 722.924 et seq.).

HB 5048 Criminal procedure; records; records regarding prohibited conduct of a licensed health care professional; clarify maintenance procedures and access to. Amends sec. 430 of 1931 PA 328 (MCL 750.430).

HB 5049 Criminal procedure; records; certain records regarding participation in the veterans treatment court; modify. Amends sec. 1209 of 1961 PA 236 (MCL 600.1209).

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).

SB 0586 Courts; probate court; jurisdiction of probate court over individuals less than 18 years of age who commit certain prostitution-related crimes; provide for. Amends sec. 2, ch. XIIA of 1939 PA 288 (MCL 712A.2) & adds sec. 11a to ch. XIIA.

SB 0587 Children; services; counseling program for children found to be victims of human trafficking; provide for. Amends sec. 4c of 1994 PA 203 (MCL 722.954c).

SB 0588 Criminal procedure; defenses; affirmative defense for victims of human trafficking; provide for in certain criminal prosecution. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21d to ch. VIII.

SB 0589 Children; parental rights; grounds for termination of parental rights; expand to include certain victims of human trafficking. Amends sec. 19b, ch. XIIA of 1939 PA 288 (MCL 712A.19b).

SB 0590 Civil procedure; civil actions; human trafficking; allow victims to sue violators for damages. Creates new act.

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.).

Of General Interest
HB 5027 Law enforcement; reports; larceny of scrap metal; prohibit, and provide penalties. Amends sec. 356 of 1931 PA 328 (MCL 750.356) & adds sec. 356e.

HB 5028 Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of larceny of scrap metal; provide for. Amends sec. 16r, ch. XVII of 1927 PA 175 (MCL 777.16r).

HB 5034 Property tax; delinquent taxes; sales of tax reverted property; revise conditions for purchase. Amends sec. 78m of 1893 PA 206 (MCL 211.78m).

HB 5041 Michigan business tax; administration; taxation of flow-through entities and unitary business groups; clarify. Amends sec. 500 of 2007 PA 36 (MCL 208.1500).

HB 5050 Crimes; fraud; sale, purchase, installation, transfer, or possession of "skimming" devices; prohibit, and provide penalties. Amends sec. 411w of 1931 PA 328 (MCL 785.411w).

HB 5051 Crimes; identity theft; penalties for identity theft using personal identifying information; provide for Michigan penal code to mirror penalties for violating similar provision of the identity theft protection act. Amends sec. 539k of 1931 PA 328 (MCL 750.539k).

HB 5052 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of recording personal identifying information from financial transaction device transaction by nonparty; enact. Amends sec. 16aa, ch. XVII of 1927 PA 175 (MCL 777.16aa).

HB 5053 Criminal procedure; jurisdiction; jurisdiction for prosecution of certain crimes involving "skimming" devices; expand. Amends sec. 10c, ch. II of 1927 PA 175 (MCL 762.10c).

HB 5054 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of selling, purchasing, installing, transferring, or possessing skimming device; provide for. Amends sec. 16t, ch. XVII of 1927 PA 175 (MCL 777.16t).

HB 5057 Property; other; adverse possession of property; eliminate. Amends secs. 5801, 5821 & 5867 of 1961 PA 236 (MCL 600.5801 et seq.).

SB 0560 Animals; animal shelters; pet shop, dog pound, and animal shelters act; modify to include large-scale commercial dog breeders and to make other general revisions. Amends title & secs. 1, 5a, 6, 7 & 9a of 1969 PA 287 (MCL 287.331 et seq.); adds secs. 8b & 8c & repeals secs. 8a & 9 of 1969 PA 287 (MCL 287.338a & 287.339).

SB 0563 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of purchasing or possessing ephedrine or pseudoephedrine knowing that it will be combined with any other quantity of ephedrine or pseudoephedrine for the purpose of manufacturing or attempting to manufacture methamphetamine; enact. Amends sec. 13n, ch. XVII of 1927 PA 175 (MCL 777.13n).

SB 0564 Crimes; controlled substances; purchase of pseudoephedrine or ephedrine for another individual who intends to manufacture methamphetamines; establish as a crime. Amends sec. 17766c of 1978 PA 368 (MCL 333.17766c).

SB 0582 Crimes; weapons; penalties for intentionally discharging a firearm from vehicle or at a dwelling or a potentially occupied structure; increase under certain circumstances. Amends secs. 234a & 234b of 1931 PA 328 (MCL 750.234a & 750.234b).

SB 0583 Criminal procedure; sentencing guidelines; sentencing guidelines for increased penalties for crime of intentionally discharging a firearm from a motor vehicle or at a dwelling or potentially occupied structure; enact. Amends sec. 16m, ch. XVII of 1927 PA 175 (MCL 777.16m).

SB 0584 Criminal procedure; indictment; statute of limitations for child sex trafficking or commercial sexual exploitation of children offenses; eliminate. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).

SB 0585 Crimes; prostitution; minimum age of person committing certain prostitution-related crimes; increase, and prohibit local units of government from enacting or enforcing ordinances that establish a lower minimum age except under certain circumstances. Amends title & secs. 448, 449 & 450 of 1931 PA 328 (MCL 750.448 et seq.) & adds secs. 451b & 451c.

SB 0592 Human services; medical services; victims of human trafficking to receive medical and psychological care; establish. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 109m.

SB 0593 Children; foster care; consideration within foster care system for minors who may be victims of human trafficking; allow. Amends 1994 PA 203 (MCL 722.951 - 722.960) by adding sec. 4e.

SB 0594 Local government; other; local regulation of adult entertainment business employees act; create. Creates new act.

SB 0595 Taxation; other; adult entertainment tax act; create and impose. Creates new act.

SB 0596 Law enforcement; other; human trafficking board; create. Creates new act.

SB 0597 Health; occupations; training requirements for medical professionals regarding human trafficking; implement. Amends secs. 16148 & 17060 of 1978 PA 368 (MCL 333.16148 & 333.17060).

SB 0598 Crimes; definitions; definition of racketeering; include enticing away a female under 18 years of age. Amends sec. 159g of 1931 PA 328 (MCL 750.159g).

SB 0599 Crimes; criminal sexual conduct; use of internet or computer system to solicit prostitute less than 21 years of age; prohibit. Amends sec. 145d of 1931 PA 328 (MCL 750.145d).

SB 0600 Criminal procedure; warrants; installation, placement, monitoring, and use of wiretapping or electronic monitoring device; allow in execution of search warrant. Amends sec. 1 of 1966 PA 189 (MCL 780.651) & adds sec. 1a.

SB 0601 Criminal procedure; warrants; request by prosecutor to use wiretapping or electronic monitoring device; allow. Amends sec. 539d of 1931 PA 328 (MCL 750.539d).

SB 0602 Criminal procedure; sex offender registration; definition of tier II offender; revise to include crime of soliciting prostitute. Amends sec. 2 of 1994 PA 295 (MCL 28.722).

In the Hall of Justice
“Language of Justice” video highlights “consistent, meaningful access” to Michigan courts for non-English speakers

Rule Amendments
ADM File No. 2011-26 - Amendments of MCR 2.403, 2.405, and 2.625
The amendments of MCR 2.403(O)(8), MCR 2.405(D)(6), and MCR 2.625(F)(2) add language that references a motion for rehearing or reconsideration (consistent with the Court of Appeals opinion in MEEMIC Ins Co v DTE Energy Co, 292 Mich App 278 [2011]) to the list of motions that toll the period of time in which a party may file a request for case-evaluation sanctions.
Issued: October 2, 2013
Effective: January 1, 2014

ADM File No. 2011-31 - Amendments of MCR 7.105, 7.111, and 7.205
These amendments permit the filing of a reply brief in support of an application for leave to appeal in the circuit court and the Court of Appeals, and following the filing of a claim of appeal in the circuit court.
Issued: October 2, 2013
Effective: January 1, 2014

ADM File No. 2012-06 - Amendment of MCR 9.221
The amendment of MCR 9.221 adds a new subrule (I) that requires the Judicial Tenure Commission to notify a court’s chief judge if a referee or magistrate is subject to a corrective action that does not rise to the level of a formal complaint, including a letter of caution, a conditional dismissal, an admonishment, or a recommendation for private censure. The new requirement does not apply to a dismissal with explanation.
Issued: October 2, 2013
Effective: January 1, 2014

ADM File No. 2013-02 - Retention of Amendments of MCR 3.002, 3.800, 3.802, 3.807, 3.903, 3.905, 3.920, 3.921, 3.935, 3.961, 3.963, 3.965, 3.967, 3.974, 3.977, and 5.402, and Adoption of Additional Amendment of MCR 3.965
The amendment of MCR 3.965 allows a slightly longer adjournment period in cases that involve Indian children to accommodate the statutory provisions that require notice to be provided at least ten days before the hearing.
Issued: October 2, 2013
Effective: Immediately

ADM File No. 2013-12 - Amendment of MCR 7.313
The amendments of MCR 7.313 clarify that the decision whether to grant rehearing or reconsideration in the Michigan Supreme Court should be made consistent with the standard incorporated in MCR 2.119(F)(3), similar to the reference for consideration of such motions in the Court of Appeals contained in MCR 7.215(I)(l).
Issued: October 2, 2013
Effective: January 1, 2014

ADM File No. 2013-20 - Amendment of MCR 2.305
The changes of MCR 2.305 make subrule (E) applicable only to actions pending in another country, while new subrule (F) cross references the Uniform Interstate Depositions and Discovery Act, which establishes the procedures to be used in seeking a deposition or discovery subpoena in Michigan for use in an action that is pending in another state or territory.
Issued: October 2, 2013
Effective: January 1, 2014

ADM File No. 2013-24 - Administrative Order No. 2013-12
Administrative Order No. 2013-12 rescinds Administrative Order No. 2011-3 and updates the guidelines found in that order. The updates revise the guidelines to make them more reflective of disposition rates based on statewide court data and to accommodate the fact that there may be delay in any case type that would make 100 percent disposition nearly impossible. However, the 100 percent disposition expectation remains in place for personal protection petitions.
Issued: October 2, 2013
Effective: January 1, 2014

Other Actions
ADM File No. 2012-36 - Assignment of Business Court Judge
Issued: October 2, 2013
Effective: Immediately

At the Bar
The October 2013 issue of the Michigan Bar Journal is now available online.

State Bar President Brian Einhorn and SBM Delegation to Tour U.P. Oct. 7-9

Judicial Vacancy—36th District Court, Wayne County
Hon. Paula G. Humphries is vacating her seat at 36th District Court, Wayne County. State Bar members interested in applying for the judgeship should submit an application by October 24, 2013.
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Judicial Vacancy—3rd Circuit Court, Wayne County
Hon. Jeanne Stempien is vacating her seat at 3rd Circuit Court, Wayne County. State Bar members interested in applying for the judgeship should submit an application by October 24, 2013.
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Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines