Public Policy Update from the State Bar of Michigan
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February 22, 2016
Volume 14, Issue 08

FOCUS: The MIDC Releases its First Annual Report and Survey of Courts
Michigan Indigent Defense Commission 2015
Snapshot of Indigent Defense Representation in Michigan's Adult Criminal Courts

In the Capitol

New Public Acts

Committee Meetings of Interest This Week—Complete List

2/23 House Criminal Justice, 9:00 a.m. More
Agenda:
Testimony Only:
SB 409 Prohibit, and provide penalties for attempt to solicit another person to purchase ephedrine or pseudoephedrine for purpose of manufacturing methamphetamine;.
SB 410 Revise sentencing guidelines for crime of attempting to solicit another person to obtain ephedrine or pseudoephedrine;
SB 508 Prohibit intentional posting of sexually explicit visual material of another person without consent;
SB 509 Provide for penalties for intentionally posting sexually explicit visual material of another person without consent.

2/23 House Appropriations: Human Services Subcommittee of Health and Human Services, 12:00 p.m. More
Agenda:
Overview on Foster Care, Adoption, and Guardianship Programs;
Child Care Fund Presentation;
Modified Settlement Agreement Update;
Overview of Juvenile Justice System and Programs.

2/23 House Judiciary, 12:00 p.m. More
Agenda:
HB 4588 Allow off-campus law enforcement by private college security officers under certain circumstances;
HB 4911 Allow option to disclose identity of paternity in a private adoption;
SB 92 Create Michigan commission on law enforcement standards (MCOLES), and provide for powers and duties of that commission;
SB 93 Revise administration of Michigan justice training fund to reflect changes made under the Michigan commission on law enforcement standards act;
SB 94 Require certain records of probation to be provided to the Michigan commission on law enforcement standards;
SB 95 Modify reference to Michigan justice training fund in the revised judicature act of 1961;
SB 96 Modify reference to Michigan justice training fund in the code of criminal procedure;
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.

2/23 Senate Local Government, 12:30 p.m. More
Agenda Items of Interest:
For Testimony Only:
SB 630 Limit ability to collect judgments against municipalities by levying a tax or issuing bonds;
SB 631 Provide for payment of judgment against local unit of government by payment of collected taxes by local tax collecting unit.

2/23 Senate Judiciary, 3:00 p.m. More
Agenda:
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;
SB 742 Modify eligibility requirements for attorney licensed in another state to practice law in Michigan.

2/24 Senate Appropriations: Judiciary, 9:00 a.m. More
Agenda:
Ryan Bergan from the Senate Fiscal Agency to give an overview of the Governor's FY 2016-17 budget recommendation;
The State Appellate Defender Office to discuss the Governor's FY 2016-17 budget recommendation.

2/24 House Appropriations: General Government, 10:30 a.m. More
Agenda:
Testimony on proposed FY 2016-17 budget: Attorney General; Auditor General; and Civil Rights.

2/25 House Appropriations: Corrections, 10:30 a.m. More
Agenda:
Ryan Bergan from the Senate Fiscal Agency to give an overview of the Governor's FY 2016-17 budget recommendation.

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.

SB 56 (Revised Judicature Act of 1961, Salary Formula for Judges) passed the House 97 to 6 on 2/16 and the substitute was concurred in by the Senate.
SBM Position: Support.

HB 4947 (Probate Code of 1939, Age of Juvenile Court Jurisdiction and Location of Juvenile Detention) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4948 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) was reported out of the House Committee on Criminal Justice with substitute H-1 on 2/16.
Prisons & Corrections Section Position: Support.

HB 4949 (Juvenile Diversion Act, Age of Juvenile Court Jurisdiction) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4950 (Youth Rehabilitation Services Act, Age of Juvenile Jurisdiction) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4951 (Mental Health Code, Age of Juvenile in Disposition of Persons Found Not Guilty by Reason of Insanity) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4952 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4953 (Michigan Indigent Defense Commission Act, Definition of Adult) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4954 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4955 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4956 (Probate Code of 1939, Factors to Consider When Determining Jurisdiction Over Juveniles) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4957 (Probate Code of 1939, Detention of Juveniles in Certain Circumstances) was reported out of the House Committee on Criminal Justice with substitute H-1 on 2/16.
Prisons & Corrections Section Position: Support.

HB 4958 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) was reported out of the House Committee on Criminal Justice without amendment on 2/16.
Prisons & Corrections Section Position: Support.

HB 4959 (The Michigan Penal Code, Restrict Placement of Youth Under 18 During Confinement) was reported out of the House Committee on Criminal Justice with substitute H-1 on 2/16.
Prisons & Corrections Section Position: Support.

HB 4965 (Corrections Code of 1953, Family Advisory Board) was reported out of the House Committee on Criminal Justice with substitute H-2 on 2/16.
Prisons & Corrections Section Position: Support.

HB 5078 (Corrections Code of 1953, Procedures for Parole of Medically Frail Prisoners) was reported out of House Appropriations with substitute H-1 on 2/17.
Prisons & Corrections Section Position: Support.

HB 5079 (Corrections Code of 1953, Implementing Parole of Medically Frail) was reported out of House Appropriations on 2/17.
Prisons & Corrections Section Position: Support.

HB 5081 (The Michigan Penal Code, Penalties for Removal of Parolee from a Facility) was reported out of House Appropriations with substitute H-1 on 2/17.
Prisons & Corrections Section Position: Oppose.

Legislation Introduced

Of Legal Interest

HB 5359 Civil procedure; service of process; cross-reference to reflect amendment of provisions relating to fees for service of process; amend. Amends sec. 3240 of 1961 PA 236 (MCL 600.3240).

HB 5360 Civil procedure; service of process; fees; increase. Amends sec. 2558 of 1961 PA 236 (MCL 600.2558).

Of General Interest

HB 5388 Torts; liability; immunity from liability for damages of forcible entry into a motor vehicle for purpose of rescuing an animal from vehicle; provide for, and prohibit leaving animal in vehicle in extreme heat. Creates new act.

At the Bar

Tell Stories to Find Clients
Law and the Media Committee Panel Discussion on Body Cameras

The Prisons & Corrections Section submitted public policy position reports on the following items:
Support: HB 5273 Corrections; other; veto power for successor judges related to certain parole decisions; eliminate. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

Oppose: SB 0689 Corrections; other; county jail bed savings program; establish. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 65j.


Links of Interest

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