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April 24, 2017
Volume 15, Issue 17

In the Capitol

4/25 House Appropriations, 9:00 a.m. MORE
Agenda Items of Interest:
Department of Corrections Budget;
Judiciary Budget;
Department of Licensing and Regulatory Affairs Budget. 

4/25 House Law and Justice, 9:00 a.m. MORE
Agenda:
HB 4076 Enact sentencing guidelines for altering or tampering with data in an official report;
HB 4209 Increase juror compensation;
SBM Position: Support.
HB 4210 Provide for increase in juror compensation;
SBM Position: Support.
HB 4289 Create crime of altering data used for official reports to intentionally falsify or mislead;
Presentation on Safe and Secure Rehabilitation.

4/25 House Judiciary, 12:00 p.m. MORE
Agenda:
HJR G Eliminate age limit for election of or appointment to a judicial office;
SBM Position: Support.
HJR C Expand search and seizure protections to include electronic communications and seizures;
HB 4374 Revise eligibility requirements for notary public appointment, and require certain record keeping;
HB 4427 Prohibit in certain circumstances the release of recording taken by law enforcement officers with a body-worn camera.

4/25 Senate Judiciary, 2:00 p.m. MORE
SB 143 Judiciary budget for fiscal year 2017-2018;
SB 144 Department of corrections budget for fiscal year 2017-2018.

4/25 Senate Judiciary, 3:00 p.m. MORE
Agenda:
HB 4131 Provide for forfeiture of employer contributions to a defined contribution plan if public employee is convicted of certain felonies;
SB 276 Enhance penalties for crimes against animals, and make other revisions;
Animal Law Section Position: Support.
SB 277 Enact and amend sentencing guidelines for crimes of animal cruelty.
Animal Law Section Position: Support.

4/26 House Appropriations, 9:00 a.m. MORE
Agenda Items of Interest:
Department of Corrections Budget;
Judiciary Budget;
Department of Licensing and Regulatory Affairs Budget.

4/27 House Appropriations, 9:00 a.m. MORE
Agenda Items of Interest:
Department of Corrections Budget;
Judiciary Budget;
Department of Licensing and Regulatory Affairs Budget.

Complete Committee Meeting List

Legislative Action Last Week:
HB 4288 (Uniform Interstate Family Support Act) has been referred to the Senate Committee on Families, Seniors and Human Services.

Legislation Introduced 4/18–4/20
Last week bills were introduced in the following areas of law:

At the Bar

The Board of Commissioners met on April 21, 2017 at which time the State Bar of Michigan adopted the following public policy positions:
HB 4209 (Lucido) Courts; juries; juror compensation; increase. Amends sec. 1344 of 1961 PA 236 (MCL 600.1344).
SBM Position: Support.

HB 4210 (Lucido) Courts; juries; increase in juror compensation; provide for. Amends sec. 151e of 1961 PA 236 (MCL 600.151e).
SBM Position: Support.

HB 4463 (VanSingel) Civil procedure; evictions; limited liability companies; allow members and others with personal knowledge to represent in certain situations. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5707.
SBM Position: Oppose.

M Crim JI 4.5
The Committee proposes amending M Crim JI 4.5, the instruction for using prior inconsistent statements to impeach witnesses.  The Committee determined that the current instruction was confusing and in need of clarification.  The amendment is drawn from a federal court instruction. 
SBM Position: Support.

M Crim JI 15.3
The Committee proposes amendments to the “operating while intoxicated” instruction, M Crim JI 15.3, for violations of MCL 257.625.  The amendments consolidate the instruction, rather than having separate paragraphs for alcohol, controlled substances, or intoxicating substances. 
SBM Position: Support.

M Crim JI 17.25
The Committee proposes amendments to the “stalking” instruction, M Crim JI 17.25, for violations of MCL 750.411h and 750.411i.  One amendment adds the presumption found in MCL 750.411h(4) and 750.411i(5)  that the victim felt terrorized, frightened, intimidated, threatened, harassed or molested when the defendant has persisted in a course of unconsented contact. 
SBM Position: Support.

H.R. 1993–Homeless Veterans Legal Services Act
SBM Position: Support.

Legal Services Corporation Funding
SBM Position: Support funding Legal Services Corporation at $450 million for fiscal year 2018.

The Board also discussed the following legislation and took no position:
HB 4312 (LeFave) Occupations; attorneys; eligibility requirements for attorney licensed in another state to practice law in Michigan; modify. Amends secs. 937, 940 & 946 of 1961 PA 236 (MCL 600.937 et seq.) & adds sec. 945.
SB 0195 (Casperson) Occupations; attorneys; eligibility requirements for attorney licensed in another state to practice law in Michigan; modify. Amends secs. 937, 940 & 946 of 1961 PA 936 (MCL 600.937 et seq.) & adds sec. 945.

The Board discussed the following item and did not take a position, but authorized State Bar committees and sections to advocate their positions:
ADM File No. 2016-35 – Proposed Addition of Rule 6.008 to the Michigan Court Rules
The proposed addition of Rule 6.008 would establish procedures for a circuit court to follow if a defendant bound over to circuit court on a felony either pleads guilty to, or is convicted of, a misdemeanor in circuit court, and would eliminate the practice of circuit courts remanding cases to district court except where otherwise provided by law. Remand to district court would remain a possibility in certain limited circumstances, including where the evidence is insufficient to support the bindover, People v Miklovich, 375 Mich 536, 539; 134 NW2d 720 (1965); People v Salazar, 124 Mich App 249, 251-252; 333 NW2d 567 (1983), or where there was a defect in the waiver of the right to a preliminary examination, People v Reedy, 151 Mich App 143, 147; 390 NW2d 215 (1986); People v Skowronek, 57 Mich App 110, 113; 226 NW2d 74 (1975), or where the prosecutor adds a new charge on which the defendant did not have a preliminary examination, People v Bercheny, 387 Mich 431, 434; 196 NW2d 767 (1972), adopting the opinion in People v Davis, 29 Mich App 443, 463; 185 NW2d 609 (1971), aff’d People v Bercheny, 387 Mich 431 (1972). See also MCR 6.110(H). The proposal is intended to promote greater uniformity and address a practice that varies among courts


Links of Interest

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