Public Policy Update from the State Bar of Michigan
December 3-9, 2012
Volume 10 Issue 49

FOCUS: Custodial Interrogation Recording Bill Passes Both Chambers
Last week the legislature sent SB 152 to the Governor for his signature. SB 152 would require that video recordings of interrogations be made in certain criminal investigations. The legislation is the culmination of the work of the State Bar's Custodial Interrogation Recording Task Force, whose mission was to make recommendations concerning legislative, court rule, and funding changes that advance the use of audio and video electronic recording of custodial interrogations, and provide support for the adoption and implementation of changes approved by the Representative Assembly or Board of Commissioners. The Task Force was formed in 2006, and after several attempts to pass legislation in previous legislative sessions, the bill passed unanimously through the legislature this session.
SB 152
SBM Blog: Legislature Passes Custodial Interrogation Recording Bill

In the Capitol
Committee Meetings of Interest for the Week of 12/10
12/11 Senate Judiciary
Agenda: **PLEASE NOTE TIME AND LOCATION** HB 4998 Make miscellaneous revisions to court procedures; HB 4867 Limit liability of persons under equine activity liability act to willful or wanton acts under certain circumstances; HB 5768 Provide for under certain circumstances restriction of activities by Michigan national guard and state and local employees; And any other business properly before the committee.
SBM Position on HB 4998: Oppose.
Civil Procedure & Courts Committee Position on HB 4998: Oppose.
Negligence Law Section Position on HB 4867: Oppose.

12/12 House Judiciary
Agenda: SB 353 Include any intoxicating substance in definition of operating while intoxicated; 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 1315 Provide for warrantless search of parolees; SB 1000 Prohibit parenting time in a country not a party to the Hague convention on the civil aspects of international child abduction; SB 1115 Modify and clarify procedures for entry of damage awards; SB 1117 Include nonlicensed health care providers in persons to whom medical malpractice provisions of the revised judicature act apply; SB 1118 Revise period of limitations for survival actions and disallow prejudgment interest on attorney fees and costs; SB 1295 Require certain records of probation to be provided to the Michigan commission on law enforcement standards; SB 1357 Enact sentencing guidelines for violations to certain work release regulations; SB 1092 Provide judgment liens for foreclosure; SB 1296 Enact statute of repose for actions against an attorney-at-law or a law firm; SB 1321 Require reporting crimes to law enforcement.
Children's Law Section Position on SB 694: Oppose.
Family Law Section Position on SB 1000: Oppose.
Negligence Law Section Position on SB 1115: Oppose.
Negligence Law Section Position on SB 1117: Oppose.
SBM Position on SB 1296: No position, but authorize the committees and sections to advocate their positions.
Civil Procedure & Courts Committee Position on SB 1296: Support with Recommended Amendment.
Probate & Estate Planning Section Position on SB 1296: Support and Amend.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Appointments to Committee on Model Civil Jury Instructions announced by Michigan Supreme Court

Rule Amendments
2011-18—Retention of Amendment of Rule 6.302 of the Michigan Court Rules(amendment adopted by this Court on 6/20/12 added a duty to advise defendant of a lifetime monitoring requirement)
Issued: December 5, 2012
Action: Retained.

Administrative Orders
2004-04—Adoption of Concurrent Jurisdiction Plan for the 37th Circuit Court, the 10th District Court, and the Calhoun County Probate Court (Administrative Order No. 2012-6)
Issued: December 5, 2012
Effective: January 1, 2013

2011-09—Revision of Administrative Order No. 1989-1 (clarification and expansion of standards that allow film or electronic media coverage of court proceedings in the Court of Appeals and the Supreme Court)
Issued: December 5, 2012
Effective: January 1, 2013

2012-15—Adoption of Administrative Order No. 2012-5 (implementation of trial court performance measures)
Issued: December 5, 2012
Effective: Immediately

2012-16—Adoption of Administrative Order No. 2012-7 (allows State Court Administrative Office to authorize a judicial officer's appearance by video communication equipment)
Issued: December 5, 2012
Effective: January 1, 2013

Proposed Amendments
2011-14—Proposed Amendment of Rule 2.105 of the Michigan Court Rules (proposal would have required a "diligent inquiry" in support of a request for substituted service to require an online search if party has access to Internet)
Issued: December 5, 2012
Action: Declined to adopt.

2012-28–Proposed Amendment of Rule 7.203 of the Michigan Court Rules (would codify the prohibition in 2012-PA 333 that an order that assigns a case to the business court may not be appealed by right or by leave to the Court of Appeals)
Under 2012 PA 333, an order by a court in which a case is assigned to a business court is not subject to appeal by right or leave in the Court of Appeals. The proposed amendment in this file would codify that prohibition in MCR 7.203(D).
Issued: December 5, 2012
Comment period expiration: April 1, 2013

Appointments
2012-01—Appointments to the Committee on Model Civil Jury Instructions
Issued: December 5, 2012
Effective: January 1, 2013 through December 31, 2015

2012-01—Appointment of Interim Chief Judges
Issued: December 5, 2012
Effective through December 31, 2013

At the Bar
Now Accepting Journalism Nominations for McCree Awards

The December 2012 issue of the Michigan Bar Journal is now available online.

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