2021-2022 LEGISLATURE
HB 5340 (Whiteford) Courts: other; Courts: family division. Courts: other; family treatment court; create. Amends sec. 1082 of 1961 PA 236 (MCL 600.1082) & adds ch. 10D.
POSITION:
Support the concept of family treatment courts but oppose the requirement of participant waiver of counsel and the categorical exclusion of violent offenders.
HB 5436 (Fink) Criminal procedure: bail. Criminal procedure: bail; procedure for pretrial release determinations, criteria a court must consider for pretrial release determination, and reporting of data on pretrial release decisions; provide for. Amends sec. 6 & 6a, ch. V of 1927 PA 175 (MCL 765.6 & 765.6a) & adds sec. 6g, ch. V.
HB 5437 (Yancey) Criminal procedure: bail. Criminal procedure: bail; criteria a court must consider before imposing certain conditions of release and due process hearing related to pretrial detention; provide for. Amends sec. 6b.
HB 5438 (VanWoerkom) Criminal procedure: other. Criminal procedure: other; certain definitions in the code of criminal procedure and time period required for disposition of criminal charges; provide for. Amends sec. 1, ch. I & sec. 1, ch. VIII of 1927 PA 175 (MCL 761.1 & 768.1).
HB 5439 (Young) Criminal procedure: bail. Criminal procedure: bail; interim bail bonds for misdemeanors; modify. Amends sec. 1 of 1961 PA 44 (MCL 780.581).
HB 5440 (LaGrand) Criminal procedure: bail; Criminal procedure: pretrial procedure; Criminal procedure: sentencing. Criminal procedure: bail; requirements for the use of a pretrial risk assessment tool by a court making bail decision; create. Amends 1927 PA 175 (MCL 760.1 - 7677.69) by adding sec. 6f, ch. V.
HB 5441 (Johnson) Criminal procedure: bail; Traffic control: violations. Criminal procedure: bail; act that provides bail for traffic offenses or misdemeanors; repeal. Repeals 1966 PA 257 (MCL 780.61 - 780.73).
HB 5442 (Meerman) Traffic control: driver license; Criminal procedure: bail. Traffic control: driver license; reference to surrendering license as condition of pretrial release and certain other references; amend to reflect changes in code of criminal procedure. Amends secs. 311 & 727 of 1949 PA 300 (MCL 257.311 & 257.727) & repeals sec. 311a of 1949 PA 300 (MCL 257.311a).
HB 5443 (Brann) Criminal procedure: bail; Family law: child support. Criminal procedure: bail; setting of bond related to spousal or child support arrearage; modify. Amends sec. 165 of 1931 PA 328 (MCL 750.165).
POSITION: Support bail/bond legislation that aligns with the recommendations of the Michigan Joint Task Force on Jail and Pretrial Incarceration — namely, HB 5436-HB 5439 and HB 5441-HB 5443 — and to oppose HB 5440, as it was not based upon any task force recommendation.
(Position adopted by roll call vote. Commissioners voting in support of the position: Anderson, Danielle; Anderson, David; Bennett; Bilowus; Bryant; Burrell; Christenson; Clement; Detzler; Easterly; Gant; Hamameh; Heath; Howlett; Kuchon; Larsen; Low; McGill; Newman; Ohanesian; Orvis; Simmons; Simpson; Sinas; Washington; Warnez. Commissioners voting in opposition of the position: Mason; Walton; Wisniewski.)
HB 5482 (Howell) Courts: drug court. Courts: drug court; eligibility to drug treatment courts; modify. Amends sec. 1066 of 1961 PA 236 (MCL 600.1066).
POSITION: Support and recommend an amendment to MCL 600.1064(1) to align that provision’s language related to drug treatment court eligibility requirements for violent offenders with the language proposed in HB 5482.
HB 5483 (LaGrand) Courts: other; Mental health: other. Courts: other; eligibility for mental health court participants; modify. Amends sec. 1093 of 1961 PA 236 (MCL 600.1093).
POSITION: Support.
HB 5484 (Yancey) Courts: drug court. Courts: drug court; termination procedure for drug treatment courts; modify. Amends sec. 1074 of 1961 PA 236 (MCL 600.1074).
POSITION: Support and recommend an amendment to MCL 600.1064(1) to align that provision’s language related to drug treatment court eligibility requirements for violent offenders with the language proposed in HB 5482.
HB 5541 (Fink) Occupations: attorneys; Occupations: individual licensing and registration; State agencies (existing): boards and commissions. Occupations: attorneys; requirements for admission to state bar; modify. Amends secs. 931, 934 & 946 of 1961 PA 236 (MCL 600.931 et seq.) & adds sec. 935.
POSITION: Support.
HB 5593 (Calley) Criminal procedure: mental capacity; Mental health: community mental health. Criminal procedure: mental capacity; community mental health oversight of competency exams for defendants charged with misdemeanors; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 20b to ch. VIII.
POSITION: Support providing defendants in need with mental health referrals and treatment, but oppose the legislation as drafted.
IN THE HALL OF JUSTICE
Proposed Amendments of Rules 6.001, 6.003, 6.006, 6.102, 6.103, 6.106, 6.445, 6.615, and 6.933 and Proposed Additions of Rules 6.105, 6.441, and 6.450 of the Michigan Court Rules (ADM File No. 2021-41) – Scope; Applicability of Civil Rules; Superseded Rules and Statutes; Definitions; Video and Audio Proceedings; Arrest on a Warrant; Voluntary Appearance; Pretrial Release; Early Probation Discharge; Probation Revocation; Technical Probation Violation Acknowledgment; Misdemeanor Traffic Cases; Juvenile Probation Revocation (See Michigan Bar Journal January 2022, p 58)
STATUS: Comment Period Expires 3/1/22.
POSITION: Support.
Proposed Amendments of Rules 6.302 and 6.310 of the Michigan Court Rules (ADM File No. 2021-05) – Pleas of Guilty and Nolo Contendere; Withdrawal or Vacation of Plea (See Michigan Bar Journal January 2022, p 59)
STATUS: Comment Period Expires 3/1/22.
POSITION: Support with additional language added to Rule 6.302 to state explicitly that the defendant be allowed to withdraw plea should the guideline range be different than the one stated on the plea agreement.
Proposed Amendment of Rule 7.212 of the Michigan Court Rules (ADM File No. 2019-16) – Briefs (See Michigan Bar Journal December 2021, p 66)
STATUS: Comment Period Expires 3/1/22.
POSITION: Support.
Amendment of Rule 7.306 of the Michigan Court Rules (ADM File No. 2021-45) – Original Proceedings (See Michigan Bar Journal December 2021, p 67)
STATUS: Comment Period Expires 2/1/22.
POSITION: Support.
Proposed Amendment of Rule 8.110 of the Michigan Court Rules (ADM File No. 2021-31) – Chief Judge Rule (See Michigan Bar Journal December 2021, p 68)
STATUS: Comment Period Expires 2/1/22.
POSITION: Support Option D.