Public Policy Update from the State Bar of Michigan
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May 2, 2016
Volume 14, Issue 18

In the Capitol

Committee Meetings of Interest Next Week—Complete List

    5/3 House Criminal Justice, 9:00 a.m. More
    Agenda:
    HB 5542 Provide for setting aside certain convictions for victims of human trafficking violations;
    HB 5543 Provide for set-aside juvenile adjudication for certain prostitution-related offenses;
    HB 5544 Provide for penalties for bodily injury to or commercial sexual activity involving a minor.

    5/3 House Health Policy, 9:00 a.m. More
    Agenda Item of Interest:
    HB 5587 Exempt from civil liability under certain circumstances for pharmacist refusing to dispense a prescription.
    Negligence Law Section Position: Oppose.

    5/3 House Judiciary, 12:00 p.m. More
    Agenda:
    HB 5520 Eliminate requirement that judgment of divorce contain provisions regarding wife's dower rights;
    SB 558 Repeal dower rights;
    SB 560 Revise reference to dower in estates and protected individuals code to reflect abolition of dower.
    Family Law Section Position on HB 5520: Oppose with Recommended Amendments.
    Probate & Estate Planning Position on SB 0558: Support.
    Real Property Law Section Position on SB 0558: Support.
    Probate & Estate Planning Position on SB 0560: Support.
    Real Property Law Section Position on SB 0560: Support.

    5/3 Senate Health Policy, 12:30 p.m. More
    Agenda Item of Interest:
    HB 4674 Modify assisted outpatient treatment program.
    Elder Law & Disability Rights Section Position on HB 4674: Support.

    5/3 Senate Judiciary, 3:00 p.m. More
    Agenda:
    SB 15 Create Michigan firearms freedom act;
    HB 4787 Prohibit coercing female to have an abortion against her will, and provide penalties;
    HB 4830 Enact sentencing guidelines for crime of coercing a female to have an abortion against her will;
    Testimony only:
    SB 723 Provide for automatic expunction of arrest records for wrongful arrest due to mistaken identity or identity theft.

    5/4 Criminal Justice Policy Commission, 9:00 a.m. More

    5/4 Senate Families, Seniors and Human Services, 3:00 p.m. More
    Agenda Item of Interest:
    HB 4022 Create foster child identification theft protection act.
    Children's Law Section Position on HB 4022: Oppose.

    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 4947 (Probate Code of 1939, Age of Juvenile Court Jurisdiction and Location of Juvenile Detention) passed the House 92-16 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4948 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) passed the House 92-16 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4949 (Juvenile Diversion Act, Age of Juvenile Court Jurisdiction) passed the House 92-16 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4950 (Youth Rehabilitation Services Act, Age of Juvenile Jurisdiction) passed the House 93-15 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4951 (Mental Health Code, Age of Juvenile in Disposition of Persons Found Not Guilty by Reason of Insanity) passed the House 92-16 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4952 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) passed the House 92-16 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4953 (Michigan Indigent Defense Commission Act, Definition of Adult) passed the House 93-15 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4954 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) passed the House 91-17 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4955 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) passed the House 92-16 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4956 (Probate Code of 1939, Factors to Consider When Determining Jurisdiction Over Juveniles) passed the House 93-15 on 4/27.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section Position: Support.

    HB 4957 (Probate Code of 1939, Detention of Juveniles in Certain Circumstances) passed the House 92-16 on 4/27.
    Prisons & Corrections Section Position: Support.

    HB 4958 (The Code of Criminal Procedure, Sentencing Juveniles Prosecuted in the Same Manner as Adults) passed the House 92-16 on 4/27.
    Prisons & Corrections Section Position: Support.

    HB 4959 (The Michigan Penal Code, Restrict Placement of Youth Under 18 During Confinement) passed the House 92-16 on 4/27.
    Prisons & Corrections Section Position: Support.

    HB 4960 (The Code of Criminal Procedure, Certain Offenses That Do Not Require Adult Sentencing) passed the House 91-17 on 4/27.
    Criminal Law Section Position: Support.

    HB 4961 (Revised Judicature Act of 1961, Juvenile Violation Definition) passed the House 91-17 on 4/27.
    Criminal Law Section Position: Support.

    HB 4962 (Probate Code of 1939, Juvenile Violation Definition) passed the House 90 to 19 on April 28.
    Criminal Law Section Position: Support.

    HB 4963 (The Code of Criminal Procedure, Juveniles Under Jurisdiction of the Department of Corrections) passed the House 97 to 12 on April 28.
    Criminal Law Section Position: Support.

    HB 4965 (Corrections Code of 1953, Family Advisory Board) passed the House 93 to 16 on April 28.
    Criminal Law Section Position: Support.
    Prisons & Corrections Section: Support.

    New Public Acts

Legislation Introduced

Of General Interest

    HB 5592 Crimes; assaultive; assaulting certain health care professional; increase penalties. Amends sec. 81d of 1931 PA 328 (MCL 750.81d).

    HB 5593 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of assaulting or battering or endangering a health care professional; enact. Amends sec. 16d, ch. XVII of 1927 PA 175 (MCL 777.16d).

    HB 5595 Criminal procedure; sex offender registration; individual required to register on sex offender registry living within certain distance of licensed child care organization; prohibit, and provide for standard signage designating school property. Amends sec. 33 of 1994 PA 295 (MCL 28.733) & adds sec. 34a.

    HB 5602 Traffic control; driver license; operating a motor vehicle without valid driver license; increase penalties and require police officers to take certain actions. Amends secs. 904 & 904a of 1949 PA 300 (MCL 257.904 & 257.904a).

    SB 0917 Aeronautics; other; operation of unmanned aerial vehicle by person or entity authorized by the Federal Aviation Administration; allow. Amends sec. 9 pf 1945 PA 327 (MCL 259.9) & adds sec. 96.

    SB 0923 Crimes; penalties; unregulated custody transfer; prohibit, and provide penalties for. Amends sec. 136c of 1931 PA 328 (MCL 750.136c).

    SB 0924 Criminal procedure; sentencing guidelines; sentencing guidelines for certain adoption violations; update. Amends sec. 15f, ch. XVII of 1927 PA 175 (MCL 777.15f).

    SB 0925 Children; adoption; advertise for, solicit, or recruit prospective adoptive or biological parents or guardians to participate in certain transfers of a child; prohibit under certain circumstances. Amends sec. 55, ch. X of 1939 PA 288 (MCL 710.55).

    SB 0926 Probate; powers of attorney; use of parental power of attorney to permanently transfer custody of a child; prohibit. Amends sec. 5103 of 1998 PA 386 (MCL 700.5103).

At the Bar

Is My Website Effective?
Real Property Law Section to Host Summer Conference in July
State Bar of Michigan Offers Resources for Law Day Celebrations

The Board of Commissioners met on April 29, 2016 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2016-06 - Proposed Amendments of Rules 3.925, 8.119, and 8.302 and Proposed New Rule 5.133 of the Michigan Court Rules
The proposed amendments of MCR 3.925, 8.119, and 8.302 and proposed new MCR 5.133 are an expected progression in the development of policies and procedures arising from a larger project that was initiated, in part, through the Access to Records Committee in 2009. These policies and procedures are intended to standardize management of court records and to provide a uniform basis for developing parameters on the use of technology in creating, accessing, routing, maintaining, and disposing of court records. These particular amendments will assist in implementing the goals of 2013 PA 199 and 201 and improving the policies and procedures adopted by the Court in 2012 under Administrative File No. 2006-47.
SBM Position: Support, but object to the mandatory disposal of records.

HB 5288 Occupations; attorneys; individuals licensed to practice law as a military spouse; require certain notifications to board of law examiners. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 947a.
SBM Position: Support.

HB 5289 Occupations; attorneys; license to practice law for military spouse; provide for under certain conditions. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 947.
SBM Position: Support.

HB 5502 Courts; jurisdiction; jurisdiction on appeals from orders and judgments of the probate court; provide to the court of appeals. Amends secs. 308, 846, 866 & 867 of 1961 PA 236 (MCL 600.308 et seq.) & repeals secs. 861 & 863 of 1961 PA 236 (MCL 600.861 & 600.863).
SBM Position: Support.

HB 5503 Courts; jurisdiction; appellate review of certain court orders by probate court; preclude. Amends sec. 1303 of 1998 PA 386 (MCL 700.1303).
SBM Position: Support.

SB 0632 Courts; jurisdiction; jurisdiction on appeals from orders and judgments of the probate court; provide to the court of appeals. Amends secs. 308, 846, 866 & 867 of 1961 PA 236 (MCL 600.308 et seq.) & repeals secs. 861 & 863 of 1961 PA 236 (MCL 600.861 & 600.863).
SBM Position: Support.

SB 0633 Courts; jurisdiction; appellate review of certain court orders by probate court; preclude. Amends sec. 1303 of 1998 PA 386 (MCL 700.1303).
SBM Position: Support.

SB 0742 Occupations; attorneys; eligibility requirements for attorney licensed in another state to practice law in Michigan; modify. Amends secs. 931, 937, 940 & 946 of 1961 PA 236 (MCL 600.931 et seq.) & adds 945.
SBM Position: Support.
(Position adopted by Roll Call Vote: Commissioners voting in favor of the position: Anderson, Barnes, Brown, Buchanan, Buiteweg, Burns, Dunnings, Gardella, Haroutunian, Heath, Herrmann, Irons, McCarthy, McGill, Moss, Nolan, Olsman, Pero, Radke, Riordan, Rockwell, Shekell, Ulrich, Warnez, Washington. Commissioners voting against the position: Grieco, Jane, Quick.)

M Crim JI 11.3, 11.6
The Committee proposes amending the definition of a pistol in M Crim JI 11.3 and deletion of M Crim JI 11.6 in accord with the decision in People v Humphrey, __ Mich App __; __ NW2d __ (2015) (Docket No. 320353), holding that inoperability of a firearm is not a defense to firearms violations.
SBM Position: Support with Amendment changing "object" to "dangerous projectile" in section (3).

M Crim JI 19.1
The Committee proposes amendments to the kidnapping instruction, M Crim JI 19.1, to comport with amendments to MCL 750.349 that added the intent to engage a minor in child sexually abusive activity to the statute. Deletions are in strikethrough; added language is underlined.
SBM Position: Support.

Sections and Committees
The Negligence Law Section submitted public policy reports on the following items:
Oppose: HB 5587 Health occupations; pharmacists; pharmacist refusing to dispense a prescription; exempt from civil liability under certain circumstances. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 17751a.

Oppose: SB 0189 Civil procedure; costs and fees; recovery of costs and fees in an action involving this state; remove certain restrictions. Amends secs. 2421b, 2421c, 2421d & 2421e of 1961 PA 236 (MCL 600.2421b et seq.).

Oppose: SB 0190 Administrative procedure; contested cases; award of costs and fees to prevailing party in a case involving this state; remove certain restrictions. Amends sec. 123 of 1969 PA 306 (MCL 24.323).


Links of Interest

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