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January 27, 2020
Volume 18, Issue 4
In the Capitol
1/28 House Judiciary, 9:00 a.m. MORE
Agenda:
HB 4735 Penalize use of certain data requested under the freedom of information act to take game;
HB 4736 Provide for alternative response to requests for certain public records involving the location of game;
HB 4737 Update sentencing guidelines reference;
HB 4923 Provide for sentencing guidelines for crime of installing a nonoperative air bag;
HB 4924 Provide for penalties for installing a nonoperative air bag;
HB 5148 Modify persons authorized to advertise for, solicit, or recruit adoptive parents or guardians;
Family Law Section on HB 5148: Support.
HB 5149 Modify exceptions to the prohibition of the transfer or acquisition of legal or physical custody of an individual.
Family Law Section on HB 5149: Support.
HB 5164 Modify boiler inspection requirements;
HB 5169 Require affidavit of merit for malpractice action against architect or professional engineer;
SBM Position on HB 5169: Oppose.
Negligence Law Section Position on HB 5169: Oppose.
HB 5325 Provide for time limitation on completion of an examination to evaluate incompetence to stand trial and other revisions to procedures related to criminal responsibility;
HB 5326 Revise procedure for asserting insanity defense;
HB 5327 Modify certain references to a chapter of the code of criminal procedure in the probate code.
1/28 Senate Oversight, 2:00 p.m. MORE
Agenda:
Presentation by the Levin Center at Wayne Law.
Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 5117 (Revised Judicature Act of 1961, Wrongful Imprisonment Compensation) was reported out of the Senate Committee on Judiciary & Public Safety on 1/21 as Substitute S-1. It now moves to the Senate floor.
HB 5118 (Wrongful Imprisonment Compensation Act, Time of Claims) was reported out of the Senate Committee on Judiciary & Public Safety on 1/21 as Substitute S-1. It now moves to the Senate floor.
SBM Position on HB 5117 and HB 5118: Support (Based on Board of Commissioners vote on SB 0895 and SB 0896 of 2018 held on April 20, 2018).
SB 68 (Revised Judicature Act of 1961, Wrongful Imprisonment Compensation) was reported out of the Senate Committee on Judiciary & Public Safety on 1/21 as Substitute S-1. It now moves to the Senate floor.
SBM Position on SB 0068: Support (Based on Board of Commissioners vote on SB 0895 and SB 0896 of 2018 held on April 20, 2018).
HB 5148 (Probate Code of 1939, Adoptive Parents or Guardians) and HB 5149 (The Michigan Penal Code, Legal or Physical Custody of an Individual) were referred to the House Committee on Judiciary on 1/22.
Family Law Section on HB 5148: Support.
Family Law Section on HB 5149: Support.
Legislation Introduced 01/21–01/23
Last week bills were introduced in the following areas of law:
At the Court
Chief Justice McCormack, Justice Zahra to Lead Task Force ‘Town Hall’ Meetings to Address the Civil Justice Gap
Appointment
ADM File No. 2020-01: Appointment to the Attorney Discipline Board
Issued: 1/22/20
Effective: Immediately
At the Bar
The Board of Commissioners met on January 24, 2020 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File 2018-34: Proposed Amendment of MCR 6.425
The proposed amendment of MCR 6.425 would clarify that criminal defendants whose request for counsel due to indigency are denied are entitled to appeal that denial.
SBM Position: Support.
ADM File 2018-35: Proposed Amendment of MCR 8.108
The proposed amendment of MCR 8.108 would clarify the rule regarding preparation and filing of transcripts including that a court reporter or court recorder shall file their transcripts with a court when produced for a party or for the court.
SBM Position: Support with Amendments.
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
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