Public Policy Update from the State Bar of Michigan
October 29–November 4, 2012
Volume 10 Issue 44

In the Capitol
The Michigan House of Representatives and Senate will be in session Thursday, November 8 at 10 am.
House Schedule
Senate Schedule

Committee Meetings of Interest for the Week of 11/5
11/8 House Judiciary
Agenda:
SB 152 Require electronic recording of certain custodial interrogation sessions, and revise procedures for determining admissibility as evidence; SB 688 Include unsworn declaration made under penalty of perjury as a statement punishable as perjury; SB 689 Create uniform unsworn foreign declarations act; SB 707 Adopt uniform interstate depositions and discovery act; SB 192 Allow deduction of estate administration fee for amount of mortgage on real property; SB 726 Revise statute of limitations for attempted murder, kidnapping, and manslaughter; SB 934 Prohibit sexual penetration or contact of a foster child regardless of age by certain care providers during residency; SB 901 Revise condominium act arbitration provisions to reflect adoption of uniform arbitration act; SB 902 Make arbitration provisions of the revised judicature act subject to uniform arbitration act; SB 903 Enact uniform arbitration act; SB 845 Allow penalties for domestic violence with prior conviction to be enhanced with a deferred and dismissed conviction; SB 846 Enact sentencing guidelines for crime of domestic violence with prior conviction; SB 847 Enhance penalties for domestic violence with prior offenses; SB 848 Specify assault by strangulation or suffocation as assault with intent to do great bodily harm less than murder; SB 1056 Expand criminal identification and records to include biometric data; SB 895 Provide exemption for educational trusts and accounts from execution, garnishment, and attachment; SB 645 Prohibit prisoners receiving or possessing certain items.
SBM Position on SB 152: Support
Criminal Law Section Position on SB 152: Support
SBM Position on SB 688 & SB 689: Support
Justice Policy Initiative Position on SB 688: Support
SBM Position on SB 707: Support
Business Law Section Position on SB 707: Support
Civil Procedure & Courts Committee Position on SB 707: Support
Probate & Estate Planning Section Position on SB 192: Support
Alternative Dispute Resolution Section Position on SB 901–SB 903: Support
Negligence Law Section Position on SB 901–SB 903: Oppose
Elder Law & Disability Rights Section Position on SB 901–SB 903: Oppose

11/8 Senate Judiciary
Agenda: **PLEASE NOTE DATE, TIME & LOCATION** SB 1315 Provide for warrantless search of parolees; SB 1321 Require reporting crimes to law enforcement; And any other business properly before the committee.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 10/17
View all bills introduced 10/17
Of Interest to the Legal Community
HB 5968 Criminal procedure; sentencing; verification of school enrollment or employment of individual released from jail to attend school or for employment purposes; amend day parole act to require and provide for conditions of release. Amends sec. 1 of 1962 PA 60 (MCL 801.251) & adds sec. 1a.

HB 5969 Property; conveyances; penalties for false representation in recorded document; enact. Amends 1931 PA 328 (MCL 750.1750.568) by adding sec. 218a.

HB 5970 Criminal procedure; sentencing guidelines; guidelines for making a false representation in a recorded document; enact. Amends sec. 16l, ch. XVII of 1927 PA 175 (MCL 777.16l).

HB 5980 Elections; local; nonpartisan county clerks; provide for. Amends secs. 191, 195, 200, 203, 205, 206, 206a, 209, 697 & 699 of 1954 PA 116 (MCL 168.191 et seq.); adds ch. XA & repeals sec. 208 of 1954 PA 116 (MCL 168.208).

HB 5983 Probate; guardians and conservators; power of conservator or the personal representative of a deceased person's estate; prove access to certain online accounts. Amends secs. 3715 & 5423 of 1998 PA 386 (MCL 700.3715 & 700.5423).

SB 1338 Probate; guardians and conservators; guardianship petitions; allow probate judges to schedule certain hearings prior to minor turning 18 years of age. Amends secs. 5303 & 5306 of 1998 PA 386 (MCL 700.5303 & 700.5306).

SB 1345 Criminal procedure; DNA; collection of DNA samples at time of arrest for committing or attempting to commit a felony offense; provide for in DNA identification profiling system. Amends title & secs. 2, 3, 3a & 6 of 1990 PA 250 (MCL 28.172 et seq.).

SB 1346 Criminal procedure; DNA; collection of DNA samples at time of arrest for committing a felony or attempting to commit a felony offense; provide for in Michigan penal code. Amends sec. 520m of 1931 PA 328 (MCL 750.520m).

SB 1347 Criminal procedure; DNA; collection of DNA samples at time of arrest for committing or attempting to commit a felony offense; provide for in probate code of 1939. Amends sec. 18k, ch. XIIA of 1939 PA 288 (MCL 712A.18k).

SB 1351 Courts; district court; certain district court districts; reorganize and consolidate. Amends secs. 8123 & 8132 of 1961 PA 236 (MCL 600.8123 & 600.8132.

Of General Interest
HB 5960 Explosives; licensing; local ordinances relating to ignition, discharge, and use of consumer fireworks before, during, and after national holidays; limit. Amends sec. 7 of 2011 PA 256 (MCL 28.457).

HB 5964 Crimes; penalties; intentional destruction or concealment of freedom of information documents; prohibit under certain circumstances and provide penalties. Amends 1976 PA 442 (MCL 15.23115.246) by adding sec. 14a.

HB 5965 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of intentional destruction or concealment of document subject to request for disclosure under the freedom of information act; enact. Amends sec. 11a, ch. XVII of 1927 PA 175 (MCL 777.11a).

HB 5966 Businesses; limited liability companies; ownership requirements for professional limited liability companies engaged in practice of public accounting; revise. Amends sec. 904 of 1993 PA 23 (MCL 450.4904).

HB 5967 Businesses; professional corporations; ownership requirements for professional corporations engaged in practice of public accounting; revise. Amends sec. 4 of 1962 PA 192 (MCL 450.224).

In the Hall of Justice
Bid to Block Salem Township Rezoning Referendum to Be Argued Before Michigan Supreme Court

Rule Amendments
2006-47—Amendment of Rules 1.109, 2.107, 2.113, 2.114, 2.302, 2.518, 3.001, 3.218, 3.800, 3.901, 3.903, 3.930, 4.001, 5.101, 5.113, 5.731, 6.007, 8.108, and 8.119 of the Michigan Court Rules (Access to Court Records)
The amendments of these rules update the rules making them less "paper" focused and reflecting the use of electronic technology in the way courts process court records. The amendments also clarify and delineate the types of records and other materials maintained by court, and clarify how access is provided.
Issued: October 31, 2012
Effective: January 1, 2013

State News
Race for Michigan Supreme Court is High-Stakes, Expensive
(Mlive.com, 10/31/12)

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