Public Policy Update from the State Bar of Michigan
November 17-23, 2008
Volume 6 Issue 47

In the Capitol
The Michigan House of Representatives will convene on November 25 but there will be no attendance taken and there will be no voting. The Michigan Senate is not scheduled to meet.

Complete Committee Meeting List

Legislation Introduced 11/19
Of Interest to the Legal Community

HB 6676 Corrections; parole; prisoners serving determinate sentences; exempt from parole system. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 47. TIE BAR WITH: HB 6677'08

HB 6677 Corrections; prisoners; good behavior credits for prisoners serving determinate sentences; provide for. Amends 1893 PA 118 (MCL 800.33800.61) by adding sec. 37. TIE BAR WITH: HB 6676'08

HB 6678 Crimes; penalties; determinate sentences; provide for. Amends secs. 8, 9, 10, 11 & 12, ch. IX of 1927 PA 175 (MCL 769.8 et seq.) & repeals secs. 1 to 69, ch. XVII of 1927 PA 175 (MCL 777.1777.69). TIE BAR WITH: HB 6676'08

HB 6690 Corrections; parole; parole board to oversee commutation, clemency and "flop" reviews; create.

HB 6704 Corrections; parole; definition of violent felony in parole statute; expand list of included offenses.

HB 6716 Probate; trusts; Michigan trust code; enact. TIE BAR WITH: HB 6717'08, HB 6718'08, HB 6719'08, HB 6720'08

HB 6717 Probate; trusts; conflicts between the revised statutes of 1846 and the Michigan trust code; resolve. TIE BAR WITH: HB 6716'08

HB 6718 Probate; trusts; powers of appointment act of 1967; amend to conform to Michigan trust code. TIE BAR WITH: HB 6716'08

HB 6719 Probate; trusts; Michigan uniform fraudulent transfer act; amend to conform to Michigan trust code. TIE BAR WITH: HB 6716'08

HB 6720 Probate; trusts; conflicts between chapter 81 of the revised statutes of 1846 and the Michigan trust code; resolve. TIE BAR WITH: HB 6716'08

Of General Interest
HB 6696 Criminal procedure; sex offender registration; removal of names of certain HYTA offenders from public registry immediately if petition is granted; require.

HB 6697 Criminal procedure; sex offender registration; removal from sex offender registration list if conviction has been set aside; require. TIE BAR WITH: HB 6698'08

HB 6698 Criminal procedure; sex offender registration; requirement of registering as a sex offender for a listed offense that has been set aside; eliminate. TIE BAR WITH: HB 6697'08

HB 6699 Criminal procedure; sex offender registration; fourth degree criminal sexual conduct; allow to petition as a nonregistrable offense under certain circumstances.

HB 6700 Criminal procedure; sex offender registration; petition for removal from sex offender registration; allow for certain third degree criminal sexual convictions after 10 years if victim was within 3 years of the offender's age at time of crime.

HB 6701 Criminal procedure; sex offender registration; petition for removal from sex offenders registry by any individual who was under the age of 17 when he or she committed a listed offense; allow.

HB 6702 Criminal procedure; sex offender registration; petition for removal from sex offender registration; allow if penalty is less than 2 years after 10 years has passed following conviction.

At the Bar
Judicial Vacancy—57th District Court
Hon. Stephen E. Sheridan is vacating his seat on the 57th District Court. State Bar members interested in applying for the judgeship should submit an application by January 9, 2009.
View Information

"You and the Law" Booklet on Sale at SBM Website

Sections and Committees
The Criminal Law Section submitted the following Public Policy reports:
Oppose: HB 6593 (Condino) Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. 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: HB 6592'08.

Department of Corrections Parole Policy: The Council adopted a policy position that "The prisoner's assertion of innocence should not, standing alone, be a basis for denying parole." There is not objective verifiable evidence that an "assertion of innocence" by an inmate increases the likelihood of recidivism.

Federal News
Papers Offer Close-Up of Rehnquist and the Court
(New York Times, 11/18/08)

State News
Michigan Braces for Budget Cuts
(Detroit Free Press, 11/22/08)
See also:
Gov. to Slash Budget Over Forecast
(Detroit News, 11/22/08)

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