Public Policy Update from the State Bar of Michigan
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May 22, 2020
Volume 18, Issue 21

The State Bar of Michigan will be closed on Monday, May 25, in observance of Memorial Day.

At the Capitol

5/27 House Judiciary, 11:30 a.m. MORE
Agenda:
HB 5137 (Julie Alexander) Crimes; controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines.
HB 5138 (Joseph Tate) Crimes; controlled substances; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend.
HB 5299 (David LaGrand) Criminal procedure; probation; probation for certain major controlled substances offenses; allow.
HB 5627 (Brian Elder) Crimes; controlled substances; prosecutors to amend or reduce charges; allow.
HB 5657 (Gary Howell) Crimes; other; reference to certain section of public health code in act prohibiting possession of certain items in prison; amend to reflect repeal.
HB 5658 (Gary Howell) Criminal procedure; prosecuting attorneys; reference to certain public health code section in code of criminal procedure; remove to reflect repeal.
HB 5679 (James Lower) Criminal procedure; sex offender registration; sex offender registration act; modify.

Legislative Action This Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4488 (Individual Licensing & Registration, Use of Criminal Record to Determine Eligibility) was referred to the House Committee on Ways & Means as Substitute H-2 on 5/19.
SBM Position on HB 4488: Support amending so that the bill does not apply to attorney licensing.

HB 4489 (Revised Judicature Act of 1961, Qualifications for Admission to State Bar) was referred to the House Committee on Ways & Means on 5/19.
SBM Position on HB 4489: Support.

HB 5417 (Michigan Do-Not-Resuscitate Procedure Act) passed the House 104 or 1 on 5/19. It now moves to the Senate Committee on Families, Seniors & Veterans.
Family Law Section Position on HB 5417: Oppose.

HB 5418 (The Revised School Code, Regarding Do-Not-Resuscitate Orders) passed the House 103 to 2 on 5/19. It now moves to the Senate Committee on Families, Seniors & Veterans.
Family Law Section Position on HB 5418: Oppose.

HB 5419 (Estates and Protected Individuals Code, Do-Not-Resuscitate Orders) passed the House 104 or 1 on 5/19. It now moves to the Senate Committee on Families, Seniors & Veterans.
Family Law Section Position on HB 5419: Oppose.

HB 5488 (The Code of Criminal Procedure, Certain Permissible Costs) passed the House 101 to 4 on 5/19. It now moves to the Senate Committee on Judiciary & Public Safety.
Criminal Law Section Position on HB 5488: Support.

SB 70 (A Bill to Create the Address Confidentiality Program) was reported out of House Judiciary as Substitute H-2 on 5/19. It now moves onto the House floor.
Family Law Section Position on SB 70: Support with Amendments.

SB 71 (Michigan Election Law, Regarding Individuals in Address Confidentiality Program) was reported out of House Judiciary without any amendments on 5/19. It now moves onto the House floor.
Family Law Section Position on SB 71: Support with Amendments.

SB 72 (The Revised School Code, Prohibition from Disclosing Records) was reported out of House Judiciary without any amendments on 5/19. It now moves onto the House floor.
Family Law Section Position on SB 72: Support with Amendments.

SB 73 (Michigan Vehicle Code, Address Confidentiality Program) was reported out of House Judiciary as Substitute H-1 on 5/19. It now moves onto the House floor.
Family Law Section Position on SB 74: Support with Amendments.

SB 74 (Enhanced Driver License, Address Confidentiality Program) was reported out of House Judiciary as Substitute H-1 on 5/19. It now moves onto the House floor.
Family Law Section Position on SB 74: Support with Amendments.

SB 75 (Official Personal Identification Card, Address Confidentiality Program) was reported out of House Judiciary as Substitute H-1 on 5/19. It now moves onto the House floor.
Family Law Section Position on SB 75: Support with Amendments.

SB 76 (Revised Judicature Act of 1961, Exemption From Jury Duty) was reported out of House Judiciary without any amendments on 5/19. It now moves onto the House floor.
SBM Position on SB 76: Oppose because it creates an additional exemption to jury service; courts already have the ability to excuse these individuals from jury service.
Criminal Law Section Position on SB 76: Oppose.

Legislation Introduced 5/19–5/21
This week bills were introduced in the following areas of law:

At the Court

Public Access to Court Proceedings Expanded Dramatically

Bar Exam to be Online Remote Essay Test

Proposed Amendments
ADM File No. 2002-37: Proposed Addition of MCR 2.226
The proposed addition of MCR 2.226 would clarify the process for change of venue and transfer orders.
Issued: 5/20/20
Comment Period Expires: 9/1/20

ADM File No. 2019-41: Proposed Amendment of MCR 4.201
The proposed amendment of MCR 4.201 would require disclosure of the right to object to venue in actions brought under the Summary Proceedings Act for landlord/tenant proceedings in district court, consistent with MCL 600.5706.
Issued: 5/20/20
Comment Period Expires: 9/1/20

Appointments
ADM File No. 2020-01: Appointments to the Michigan Tribal State Federal Judicial Forum
Issued: 5/20/20
Effective: 7/1/20

ADM File No. 2020-01: Appointment of Chief Judge of the 29th District Court
Issued: 5/20/20
Effective: Until further order of the Court

At the Bar

FAQ About COVID-19 from Michigan Lawyers
Updated May 21, 2020
The State Bar of Michigan is committed to helping Michigan lawyers respond optimally throughout the COVID-19 situation. If you have a question about COVID-19 and its impact on Michigan lawyers, please ask us here. We'll keep updating the information below and working to get you answers. In some cases, the questions we're receiving have not yet been answered by the decision-makers involved. Know that we are in touch with them and will share answers here as we have them.
If you have a question or concern that’s specific to your practice area, we encourage you to join the relevant State Bar of Michigan section. These communities are crowdsourcing and sharing information that is crucial to the practice area of the section.
Here are some other resources we have available to you:

Resources for Midland Lawyers Affected by Flooding

July 2020 Bar Exam to be Remote Online Essay Test


Links of Interest

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