Public Policy Update from the State Bar of Michigan
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February 12, 2016
Volume 14, Issue 07

Because of the state holiday on Monday, this issue of the Public Policy Update is being sent out early. Enjoy your weekend!

In the Capitol

New Public Acts

Committee Meetings of Interest This Week—Complete List

2/16 House Criminal Justice, 9:00 a.m. More
Agenda:
HB 4947 Modify age of juvenile court jurisdiction and location of juvenile detention in some instances;
HB 4948 Revise code of criminal procedure to reflect increase in age limit and factors for consideration in sentencing juveniles prosecuted in the same manner as adults;
HB 4949 Modify age of juvenile court jurisdiction in juvenile diversion act;
HB 4950 Modify age of juvenile jurisdiction in youth rehabilitation services act;
HB 4951 Modify age of juvenile in disposition of persons found not guilty by reason of insanity;
HB 4952 Revise the code of criminal procedure to reflect increase in age limit and factors for consideration in sentencing juveniles prosecuted in the same manner as adults;
HB 4953 Modify definition of adult in Michigan indigent defense commission act;
HB 4954 Revise the code of criminal procedure to reflect increase in age limit and factors for consideration in sentencing juveniles prosecuted in the same manner as adults;
HB 4955 Revise the code of criminal procedure to reflect increase in age limit and factors for consideration in sentencing juveniles prosecuted in the same manner as adults;
HB 4956 Modify factors to consider when determining jurisdiction over juveniles in certain circumstances;
HB 4957 Modify detention of juveniles in certain circumstances;
HB 4958 Revise the code of criminal procedure to reflect increase in age limit and factors for consideration in sentencing juveniles prosecuted in the same manner as adults;
HB 4959 Restrict placement of youth under 18 during confinement, trial, or transport and prohibit placement with adults during confinement, trial, or transport;
HB 4960 Eliminate certain offenses that do not require adult sentencing from the list of specified juvenile offenses in code of criminal procedure;
HB 4961 Modify specified juvenile violation definition in the revised judicature act;
HB 4962 Modify specified juvenile violation definition in probate code of 1939;
HB 4963 Require monitoring and oversight of juveniles under the age of 18 placed under the jurisdiction of the department of corrections, and provide for certain reporting;
HB 4964 Increase county child care fund reimbursement rate;
HB 4965 Establish family advisory board;
HB 4966 Develop policies to limit time confined in cells for incarcerated individuals under 21 years of age;
HB 5103 Create aggressive solicitation prohibition act;
HB 5104 Abolish begging in a public place as a disorderly person crime.
Prisons & Corrections Section Position on HB 4947 to HB 4954: Support.
Prisons & Corrections Section Position on HB 4955 to HB 4956: Support.
Prisons & Corrections Section Position on HB 4957 to HB 4959: Support.
Prisons & Corrections Section Position on HB 4965: Support.

2/16 House Judiciary, 12:00 p.m. More
Agenda:
HB 4436 Allow grant of restricted driving privileges by a court reviewing the denial, suspension, or revocation of a driver license;
HB 4587 Prohibit claims of patent infringement made in bad faith, and provide remedies for;
HB 4599 Allow designation of funeral representative to make disposition arrangements for decedent;
HB 4911 Allow option to disclose identity of paternity in a private adoption;
SB 471 Clarify fourth division jurisdiction of sixty-seventh district;
SB 551 Provide for designation of a funeral representative to make disposition arrangements for decedent.
Probate & Estate Planning Section Position on SB 551: Support with Recommended Amendments.

2/16 Senate Judiciary, 3:00 p.m. More
Agenda:
SB 15 Create Michigan firearms freedom act;
SB 696 Require under certain circumstances the reporting of burn injuries by medical personnel;
SB 697 Provide for reporting requirement by insured for a nonaccidental building or other structure fire;
HB 4321 Provide for resident consent exception of warrant requirement to search a premises;
HB 4353 Require animal shelters to deny adoptions under certain circumstances, and allow animal shelters to consider prior criminal history before adoption;
HB 4355 Require ICHAT search by animal control shelters and animal protection shelters when allowing an animal adoption;
HB 4747 Prohibit adverse possession against local units of government.
Animal Law Section Position on HB 4353: Support.
Animal Law Section Position on HB 4355: Support.
Real Property Law Section Position on HB 4747: Support Proposed Amendments.

2/17 Senate Appropriations: Corrections, 12:30 p.m. More
Agenda:
A presentation by Heidi Washington, Director of the Michigan Department of Corrections, of the Governor's FY 2016-17 budget recommendation.

2/18 House Oversight & Ethics, 10:30 a.m. More
Agenda Item of Interest:
HB 4629 Eliminate requirement for property owner to provide cash bond to contest forfeiture proceedings and to pay costs and expenses of forfeiture proceedings under certain circumstances.

Legislative Action This Past Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.

HB 4353 (An Act to Regulate Animal Control Shelters, Allow Animal Shelters to Consider Prior Criminal History Before Adoption) passed the House, 88 to 17, on February 9.
Animal Law Section Position: Support.

HB 4355 (An Act to Regulate Animal Control Shelters, ICHAT Search by Animal Control Shelters) passed the House, 88 to 17, on February 9.
Animal Law Section Position: Support.

Legislation Introduced

Of Legal Interest

HB 5317 Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in probate code of 1939. Amends secs. 2, 2d, 4 & 18h, ch. XIIA of 1939 PA 288 (MCL 712A.2 et seq.) & repeals sec. 606 of 1961 PA 236 (MCL 600.606).

HB 5318 Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in county juvenile agency act. Amends sec. 2 of 1998 PA 518 (MCL 45.622).

HB 5319 Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in code of criminal procedure. Amends sec. 1, ch. I, secs. 1f & 27, ch. IV & sec. 14, ch. VI of 1927 PA 175 (MCL 761.1 et seq.).

HB 5320 Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in youth rehabilitation services act. Amends sec. 6a of 1974 PA 150 (MCL 803.306a).

HB 5321 Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; amend Michigan indigent defense commission act to reflect. Amends sec. 3 of 2013 PA 93 (MCL 780.983).

HB 5322 Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in William Van Regenmorter crime victim's rights act. Amends secs. 2 & 20a of 1985 PA 87 (MCL 780.752 & 780.770a).

HB 5323 Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in social welfare act. Amends secs. 115n & 117a of 1939 PA 280 (MCL 400.115n & 400.117a).

HB 5324 Juveniles; criminal procedure; automatic waiver and trial of juvenile as an adult for specified juvenile violations; abolish in youth facilities act. Amends secs. 2 & 4 of 1988 PA 73 (MCL 803.222 & 803.224).

Of General Interest

SB 771 Crimes; controlled substances; physicians and pharmacists who wrongfully prescribe, dispense, manufacture, or distribute controlled substances; increase penalties. Amends sec. 7406 of 1978 PA 368 (MCL 333.7406).

SB 772 Criminal procedure; sentencing guidelines; sentencing guidelines for increased penalties for physicians and pharmacists who wrongfully prescribe, dispense, manufacture, or distribute controlled substances; provide for. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m).

SB 776 Elections; petitions; petition signature rebuttable presumption; eliminate. Amends sec. 472a of 1954 PA 116 (MCL 168.472a).

At the Bar

Notice: Civil Action Fee Increase

Happy Birthday to Hon. Charles W. Joiner, SBM Past President

Nominations Open for Major State Bar Awards; Deadline is Feb. 19

Representative Assembly Accepting Awards Nominations Before March 18


Links of Interest

SBM Public Policy Resource Center
Michigan Supreme Court
Michigan Legislature
MCL Search Engines