Public Policy Update from the State Bar of Michigan
November 3-9, 2008
Volume 6 Issue 45

In the Capitol
The Michigan House and Senate will be in session on November 12 and 13. After Thursday, both Chambers will adjourn until December 2.

Committee Meetings of Interest for the Week of 11/10
11/12 House Banking and Financial Services
Agenda items of interest: HB 6614 Require foreclosure of mortgages judicially and by advertisement; to comply with home foreclosure prevention act; HB 6615 Create home foreclosure prevention act.

11/12 House Judiciary
Agenda: HB 6592 Eliminate right to preliminary examination for certain crimes and revise jurisdiction of district court to accept certain plea agreements; HB 6593 Revise right to preliminary examination for certain crimes; HB 6602 Provide crime victims services commission payment of sexual assault medical forensic examination costs to health care providers under certain circumstances; SB 865 Revise statute of limitations and statute of repose for actions against architects, engineers, and construction contractors.

11/12 Senate Judiciary
Agenda: SB 1616 Increase minimum state costs assessed in certain criminal cases involving juveniles and provide for distribution of proceeds to assist victims of criminal sexual conduct; SB 1617 Create child advocacy fund; SB 1618 Provide for distribution of certain justice system funds to pay for certain costs associated with criminal sexual conduct; HB 5054 Create sexual assault victims' forensic medical intervention and treatment act and provide funding for; HB 5055 Increase minimum state costs assessed in certain criminal cases and provide for distribution of proceeds to assist victims of criminal sexual conduct; SB 1388 Provide for good faith provision in obtaining and retaining DNA samples in violation of act; SB 1389 Create good faith exception for arrests and warrants based on DNA evidence that was obtained in violation of DNA identification profiling system act; SB 1549 Prohibit misuse or removal of DNA identification profiling records and provide penalties; SB 1413 Allow participation by this state national crime prevention and privacy compact.

11/13 Senate Families and Human Services
Agenda items of interest: Agenda Items of Interest: SB 1423 Make miscellaneous revisions to the friend of the court act; SB 1424 Modify enforcement of parenting time duties by friend of the court; SB 1425 Revise reference to domestic relations mediation in child custody act to reflect amendment to friend of the court act; SB 1427 Provide for consolidated fees from divorce, paternity, and family support acts; SB 1428 Allow contract of certain services through state court administrative office, and eliminate child support bench warrant enforcement fund; SB 1429 Revise collection and distribution of child support provision; SB 1430 Revise collection and distribution of child support provision, and allow friend of the court to prosecute certain paternity actions; SB 1431 Revise collection and distribution of child support provision, and allow friend of the court to prosecute certain family support actions.

11/13 House Judiciary
Agenda: HB 6340 Enact sentencing guidelines for bias-motivated crimes; HB 6341 Prohibit bias-motivated crime and provide penalties.

Complete Committee Meeting List

Legislation Introduced 11/5–11/6
Of Interest to the Legal Community

HB 6592 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate, and revise jurisdiction of district court to accept certain plea agreements. TIE BAR WITH: HB 6593'08

HB 6593 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; revise. TIE BAR WITH: HB 6592'08

HB 6614 Civil procedure; foreclosure; foreclosure of mortgages judicially and by advertisement; require to comply with home foreclosure prevention act. TIE BAR WITH: HB 6615'08

SB 1559 Courts; other; use of 2-way interactive video technology for certain court proceedings; require. Amends sec. 37a, ch. VII of 1927 PA 175 (MCL 767.37a).

SB 1565 Corrections; parole; mandatory conditions for individual to be released on parole; establish. Amends sec. 35 of 1953 PA 232 (MCL 791.235).

SB 1574 Crime victims; restitution; recovery for replacement value if fair market value is impossible or impractical to ascertain; allow. Amends secs. 2, 16, 31, 44, 61 & 76 of 1985 PA 87 (MCL 780.752 et seq.). TIE BAR WITH: SB 1575'08

SB 1579 Criminal procedure; background check; requirements for background check for certain care providers; revise. Amends sec. 20173a of 1978 PA 368 (MCL 333.20173a). TIE BAR WITH: SB 0104'07

SB 1582 Criminal procedure; other; payment of certain expenses for committing certain driving violations; require. Amends sec. 1f, ch. IX of 1927 PA 175 (MCL 769.1f). TIE BAR WITH: SB 0104'07

SB 1586 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate, and revise jurisdiction of district court to accept certain plea agreements. Amends sec. 8311 of 1961 PA 236 (MCL 600.8311). TIE BAR WITH: SB 1587'08

SB 1587 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; revise. Amends secs. 1, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16 & 17, ch. VI of 1927 PA 175 (MCL 766.1 et seq.) & adds sec. 2. TIE BAR WITH: SB 1586'08

SB 1600 Corrections; parole; eligibility for parole for certain prisoners; revise. Amends sec. 34 of 1953 PA 232 (MCL 791.234). TIE BAR WITH: SB 1601'08, SB 1602'08

SB 1601 Criminal procedure; probation; persons sentenced to lifetime probation for certain drug crimes; clarify applicability of statute. Amends secs. 7401 & 7403 of 1978 PA 368 (MCL 333.7401 & 333.7403) & repeals sec. 7413 of 1978 PA 368 (MCL 333.7413). TIE BAR WITH: SB 1600'08, SB 1602'08

SB 1602 Criminal procedure; probation; certain provisions regarding lifetime probationers; clarify. Amends sec. 3, ch. XI of 1927 PA 175 (MCL 771.2). TIE BAR WITH: SB 1600'08, SB 1601'08

SB 1616 Criminal procedure; other; minimum state costs assessed in certain criminal cases involving juveniles; increase, and provide for distribution of proceeds to assist victims of criminal sexual conduct. Amends sec. 18m, ch. XIIA of 1939 PA 288 (MCL 712A.18m). TIE BAR WITH: HB 5054'07, HB 5055'07, SB 1618'08

SB 1617 Crime victims; other; child advocacy fund; create. Creates new act.

SB 1618 Law enforcement; other; distribution of certain justice system funds to pay for certain costs associated with criminal sexual conduct; provide for. Amends sec. 181 of 1961 PA 236 (MCL 600.181). TIE BAR WITH: HB 5054'07, HB 5055'07, SB 1616'08

Of General Interest
HB 6595 Elections; other; provision regarding filling a vacancy in the office of lieutenant governor; provide for.

HB 6602 Crime victims; other; crime victims services commission payment of sexual assault medical forensic examination costs to health care providers; provide for under certain circumstances.

HB 6615 Civil procedure; foreclosure; home foreclosure prevention act; create. TIE BAR WITH: HB 6614'08.

SB 1576 Insurance; no-fault; Michigan automobile insurance placement facility premium surcharges for negligent homicide; remove and add certain moving violations. Amends sec. 3341 of 1956 PA 218 (MCL 500.3341). TIE BAR WITH: SB 0104'07

SB 1578 Criminal procedure; background check; reference to negligent homicide as part of criminal record check; eliminate. Amends sec. 34b of 1979 PA 218 (MCL 400.734b). TIE BAR WITH: SB 0104'07

SB 1580 Criminal procedure; background check; reference to negligent homicide as part of criminal record check; eliminate. Amends sec. 134a of 1974 PA 258 (MCL 330.1134a). TIE BAR WITH: SB 0104'07

SB 1596 Worker's compensation; exclusive remedy; jurisdiction over and coverage for out-of-state injuries; revise. Amends sec. 845 of 1969 PA 317 (MCL 418.845).

SB 1598 Counties; other; recording of deeds; require parties to show identification. Amends 1846 RS 65 (MCL 565.1565.49) by adding sec. 2.

SB 1622 Human services; medical services; liability for false or fraudulent claims to the medicaid program; revise.

In the Hall of Justice
Michigan Adoption Day to be Held Nov. 25; Country's Largest Celebration of Adoptive Families now in Sixth Year

Detroit Court Employee's Reverse Discrimination, Retaliation Claims at Issue in Case Before Michigan Supreme Court

At the Bar
The State Bar of Michigan's Public Policy, Image, and Identity Committee and the Board of Commissioners will meet on November 14, 2008. For more information, please contact pcunningham@mail.michbar.org.

Free Legal Workshop on Legal Issues Concerning Lesbian, Gay, Bisexual, and Transgender Clients

SBM Real Property Law Section to Host 2009 Winter Conference in Florida

Sections and Committees
The Elder Law and Disability Rights Section submitted the following Public Policy report:
Support with comment: HB 6523 (Constan) Insurance; annuities; regulation of annuity sales; provide for. Amends secs. 4151, 4153 & 4155 of 1956 PA 218 (MCL 500.4151 et seq.); adds secs. 4156, 4158 & 4159 & repeals sec. 4165 of 1956 PA 218 (MCL 500.4165).

The Family Law Section submitted the following Public Policy reports:
Support with amendments: Substitute for HB 6281 (Ebli) Family law; personal protection orders; victims of criminal sexual conduct; allow to petition for personal protection orders. Amends sec. 2950a of 1961 PA 236 (MCL 600.2950a).

Oppose: HB 6571 (LeBlanc) Family law; child support; cost-of-living increases in child support awards; implement. Amends secs. 17, 17b & 19 of 1982 PA 294 (MCL 552.517 et seq.) & adds sec. 17f.

The Negligence Law Section submitted the following Public Policy reports:
Support: HB 6277 (Meadows) Torts; malpractice; miscellaneous procedural provisions for medical malpractice actions; modify. Amends secs. 2169, 2912b, 2912d, 2912e & 5856 of 1961 PA 236 (MCL 600.2169 et seq.).

Support: HB 6351 (Constan) Torts; liability; openness and obviousness of conditions on property; make an issue of comparative negligence. Amends 1846 RS 66 (MCL 554.131–554.139) by adding sec. 40.

Federal News
Citing Workload, Public Lawyers Reject New Cases
(New York Times, 11/9/08)

Justices Weigh Effect of F.D.A. Approval of Drug Labels on Suits in State Courts
(New York Times, 11/3/08)

State News
Granholm to Slash Budget as Economy Worsens
(Detroit News, 11/7/08)

Record Michigan Voter Turnout Tops 5 Million
(Free Press, 11/6/08)

Michigan Legislature Starts Lame-Duck Session
(AP, 11/5/08)

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