Public Policy Update from the State Bar of Michigan
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June 14, 2016
Volume 14, Issue 24

Due to technical difficulties, this week's Public Policy Update was not able to be sent out until today.

In the Capitol

The House of Representatives and Senate have adjourned for summer break. Tentative session days have been scheduled for July 13th in both chambers.
House Schedule
Senate Schedule

Legislation Introduced

Of Interest to the Legal Community

HB 5722 Criminal procedure; evidence; evidence obtained in violation of reasonable or probable cause requirements for issuance of a search warrant; allow to be used to revoke parole or probation or impeach a defendant's testimony. Amends sec. 3 of 1966 PA 189 (MCL 780.653).

HB 5727 Courts; juries; increase in juror compensation; provide for. Amends sec. 151e of 1961 PA 236 (MCL 600.151e).

SB 1020 Civil procedure; civil actions; false claims act; enact. Creates new act.

Of General Interest

HB 5728 Crimes; assaultive; assault of an individual with a developmental disability; increase penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 81f.

HB 5729 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of assaulting a developmentally disabled individual; provide for. Amends sec. 16d, ch. XVII of 1927 PA 175 (MCL 777.16d).

HB 5754 Crimes; stalking; definition of stalking; expand to include certain uses of unmanned aerial vehicles. Amends sec. 411h of 1931 PA 328 (MCL 750.411h).

HB 5755 Crimes; penalties; felony and misdemeanor larceny thresholds; increase dollar amounts. Amends sec. 356 of 1931 PA 328 (MCL 750.356).

HB 5756 Criminal procedure; sentencing guidelines; sentencing guidelines for certain larceny crimes; modify. Amends sec. 16r, ch. XVII of 1927 PA 175 (MCL 777.16r).

SB 1017 Crimes; assaultive; assault of an individual with a developmental disability; increase penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 81f.

SB 1018 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of assaulting a developmentally disabled individual; provide for. Amends sec. 16d, ch. XVII of 1927 PA 175 (MCL 777.16d).

SB 1021 Children; services; children's advocacy centers to have access to confidential records; allow under certain circumstances. Amends secs. 2, 7 & 8 of 1975 PA 238 (MCL 722.622 et seq.).

SB 1027 Criminal procedure; sex offender registration; sex offender working at or volunteering for an organization that works with individuals less than 18 years of age or sexual assault victims; prohibit. Amends sec. 34 of 1994 PA 295 (MCL 28.734).

SB 1028 Corrections; prisoners; reentry services and housing for individuals released from prison without parole due to the prisoner's conviction or sentence being overturned; provide for. Amends sec. 83 of 1953 PA 232 (MCL 791.283).

SB 1029 Crimes; vehicle offenses; penalties for moving violation causing physical injury or death to a vulnerable roadway user; enhance. Amends sec. 601c of 1949 PA 300 (MCL 257.601c).

SB 1030 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of committing a moving violation causing death of vulnerable roadway user; provide for. Amends sec. 12e, ch. XVII of 1927 PA 175 (MCL 777.12e).

In the Hall of Justice

State Budget Highlights Success of Treatment Courts, Legal Self-Help Program

Court Conditionally Approves Initial Standards for Indigent Defense

At the Bar

Member Advisory: Phishing Attacks Targeting Bar Association Members

Judicial Vacancy—31st District Court, Hamtramck

Spring-Board Seminar to Focus on Decision-Making in Employment

Interview with Julie Fershtman, Lawyer-Blogger

The Board of Commissioners met on June 10, 2016 at which time the State Bar of Michigan adopted the following public policy positions:

ADM File No. 2013-39 - Proposed Amendment of Rule 6.112 of the Michigan Court Rules
The proposed amendments of MCR 6.112 would provide clarification to the procedure for amending a notice of intent to seek an enhanced sentence by requiring such amendment to be approved by the court, and would eliminate the provision that makes the harmless-error standard inapplicable when a notice of intent to seek an enhanced sentence is not filed timely.
SBM Position: Support.

ADM File No. 2014-03 - Proposed Adoption of Administrative Order No. 2016-XX
The proposed new administrative order would provide a clearer and simplified version of the antinepotism policy to be used by courts in Michigan.
SBM Position: Support with the exclusion of the language in "1.c)".

HB 4674 (Leonard) Mental health; code; assisted outpatient treatment program; modify. Amends secs. 100a, 100c, 401, 404, 420, 422, 423, 425, 426, 427, 429, 431, 434, 435, 438, 447, 448, 449, 451, 452, 454, 455, 463, 468, 469a, 472a, 474, 474a & 475 of 1974 PA 258 (MCL 330.1100a et seq.); adds sec. 400b & repeals secs. 116a, 424, 428 & 433 of 1974 PA 258 (MCL 330.1116a et seq.).
SBM Position: Support.

M Crim JI 15.21 and 15.22
The Committee proposes instructions for "driving while license suspended causing death or serious injury" violations under MCL 257.904(4) and (5). The instructions, M Crim JI 15.21 and 15.22, are entirely new.
SBM Position: Support.

M Crim JI 36.1 through 36.6
The Committee proposes instructions for "human trafficking" violations under MCL 750.462a through 750.462f. The instructions, M Crim JI 36.1 through 36.6, are entirely new.
SBM Position: Support.


Links of Interest

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