Public Policy Update from the State Bar of Michigan
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May 9, 2016
Volume 14, Issue 19

In the Capitol

5/10 House Judiciary, 12:00 p.m. More
Agenda:
HB 4924 Modify fees and mileage allowed for service of process;
HB 5359 Amend cross-reference to reflect amendment of provisions relating to fees for service of process;
HB 5360 Increase service of process fees;
HB 5503 Preclude appellate review of certain court orders by probate court;
HB 5536 Allow another family member to use parenting time when parent is on active duty outside of Michigan;
HB 5588 Create crime of altering data used for official reports to intentionally falsify or mislead;
HB 5589 Enact sentencing guidelines for altering or tampering with data in an official report;
SB 251 Create consent calendar for juveniles;
SB 632 Provide jurisdiction on appeals from orders and judgments of the probate court to the court of appeals.
SBM Position on HB 5503: Support.
SBM Position on SB 251: Support with amendments that would provide for the inclusion of an attorney for the juvenile in the proceedings.
Family Law Section Position on HB 5536: Oppose.
Criminal Jurisprudence & Practice Committee Position on SB 251: Support.
Criminal Issues Initiative Position on SB 251: Support.
SBM Position on SB 632: Support.
Probate & Estate Planning Position on SB 632: Support.

5/10 Senate Judiciary, 3:00 p.m. More
Agenda:
SB 723 Provide for automatic expunction of arrest records for wrongful arrest due to mistaken identity or identity theft;
SB 858 Clarify revocation of paternity in cases where a child's birth is the result of criminal sexual conduct;
SB 896 Repeal prohibition of lewd and lascivious cohabitation;
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.

5/11 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.

Committee Meetings of Interest Next Week—Complete List

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 5078 (Corrections Code of 1953, Procedures for Parole of Medically Frail Prisoners) passed the House on May 4, 95 to 13.
Prisons & Corrections Section Position: Support.

HB 5079 (Corrections Code of 1953, Implementing Parole of Medically Frail) passed the House on May 4, 94 to 14.
Prisons & Corrections Section Position: Support.

HB 5081 (The Michigan Penal Code, Penalties for Removal of Parolee from a Facility) passed the House on May 4, 76 to 32.
Prisons & Corrections Section Position: Oppose.

New Public Acts

Legislation Introduced

Of Interest to the Legal Community

SB 0941 Corrections; parole; commutation hearings and procedures; expedite review and hearing process for certain commutations if requested by governor. Amends sec. 44 of 1953 PA 232 (MCL 791.244) & adds sec. 44a.

Of General Interest

    HB 5617 Crimes; homicide; second degree child abuse; include in felony murder statute. Amends sec. 316 of 1931 PA 328 (MCL 750.316).

    HB 5626 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).

    HB 5627 Criminal procedure; sentencing guidelines; sentencing guidelines for certain adoption violations; update. Amends sec. 15f, ch. XVII of 1927 PA 175 (MCL 777.15f).

    HB 5628 Crimes; penalties; unregulated custody transfer; prohibit, and provide penalties for. Amends sec. 136c of 1931 PA 328 (MCL 750.136c).

    HB 5629 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).

    SB 0930 Crimes; animals; leaving animal unattended in a motor vehicle; prohibit and provide penalties. Amends sec. 50 of 1931 PA 328 (MCL 750.50).

    SB 0931 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of leaving animal unattended in a motor vehicle; enact. Amends sec. 16b, ch. XVII of 1927 PA 175 (MCL 777.16b).

    SB 0932 Corrections; parole; parole sanctions certainty act; create. Amends 1953 PA 232 (MCL 791.201791.285) by adding ch. IIIB.

    SB 0933 Criminal procedure; probation; penalties for probationers who commit technical probation violations; modify. Amends 1927 PA 175 (MCL 760.1777.69) by adding sec. 4b to ch. XI.

    SB 0934 Criminal procedure; probation; reduction of term of probation; allow in certain cases. Amends sec. 2, ch. XI of 1927 PA 1975 (MCL 771.2).

    SB 0935 Corrections; parole; supervising region incentive program; create. Creates new act.

    SB 0936 Corrections; parole; use of evidence-based supervision practices; require. Creates new act.

    SB 0937 Corrections; other; definition of recidivism; provide for in the code of corrections. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 8a.

    SB 0938 Legislature; other; program for the management and collection of data related to criminal justice statistics; create. Creates new act.

    SB 0939 Corrections; parole; department to provide quarterly report providing reasons inmates beyond their earliest release date have not been paroled; require. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 31b.

    SB 0940 Corrections; other; reentry services provided to correctional institutions by certain organizations; require the department to develop screening and registration policies and procedures. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 69b.

    SB 0941 Corrections; parole; commutation hearings and procedures; expedite review and hearing process for certain commutations if requested by governor. Amends sec. 44 of 1953 PA 232 (MCL 791.244) & adds sec. 44a.

    SB 0942 Crime victims; other; crime victims fund; allocate into child assessment centers. Amens sec. 4 of 1989 PA 196 (MCL 780.904).

    SB 0943 Corrections; parole; department of corrections to report parole absconders to department of health and human services; require. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 84.

    SB 0944 Human services; services or financial assistance; services or financial assistance provided to individual who absconds from parole; require to be discontinued. Amends sec. 10b of 1939 PA 280 (MCL 400.10b).

    SB 0945 Corrections; other; housing of 17- to 22-year-old inmates; require to be housed with other 17- to 22-year-old inmates in the same facilities. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 62d.

    SB 0946 Labor; employment incentives; work opportunity employer reimbursement program; create. Creates new act.

    SB 0947 Corrections; other; reference to general education development (GED); revise to high school equivalency. Amends secs. 33 & 34d of 1953 PA 232 (MCL 791.233 & 791.234d).

    SB 0948 Criminal procedure; other; swift and sure probation sanctions; modify. Amends ch. heading & secs. 3, 4, 5 & 6 of ch. XIA of 1927 PA 175 (MCL 771A.3 et seq.).

    SB 0949 Courts; other; swift and sure sanctions court; create. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 1086.

In the Hall of Justice

Michigan Leads the Nation in Serving Military Veterans

Special Michigan Court of Appeals Conflict Resolution Panel to Hear Oral Arguments May 18

Michigan Supreme Court Public Administrative Hearing

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, May 18, 2016, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915.  The hearing will begin promptly at 12:30 p.m. and adjourn no later than 2:30 p.m. Persons who wish to address the Court regarding matters on the agenda will be allotted three minutes each to present their views, after which the speakers may be questioned by the Justices. To reserve a place on the agenda, please notify the Office of Administrative Counsel in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at ADMcomment@courts.mi.gov, no later than Monday, May 16, 2016.

Complete Agenda

At the Bar

Where Do I Find Topics for my Blog?

Litigation Section to Host Summer Conference in July

Pro Hac Vice Transition


Links of Interest

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