August 31, 2020
Volume 18, Issue 35

At the Capitol

9/1 House Judiciary, 8:30 a.m. MORE
Agenda:
HB 5038 (Rep. Jack O'Malley) Transportation: school vehicles; penalties for entering a school bus without authorization or impeding or obstructing a school bus; create.
HB 5039 (Rep. Daire Rendon) Criminal procedure: sentencing guidelines; sentencing guidelines for crime of entering a school bus with intent to do bodily harm; enact.
HB 5040 (Rep. Jewell Jones) Transportation: school vehicles; allowable painting of school buses; modify.
HB 5041 (Rep. Tyrone Carter) Transportation: school vehicles; school bus stop-arm cameras; allow, and provide penalties for violations.
HB 5042 (Rep. Greg VanWoerkom) Transportation: school vehicles; school bus stop-arm cameras; allow.
HB 5699 (Rep. Tenisha Yancey) Traffic control: violations; penalty for failure to provide proof of license or other receipt while operating a vehicle; modify.
HB 6030 (Rep. Thomas Albert) Torts: defenses; COVID-19 emergency; provide protection from liability to certain persons.
Negligence Law Section Position on HB 6030: Oppose.
HB 6031 (Rep. Tommy Brann) Labor: health and safety; COVID-19 emergency; provide protection from liability to certain persons on reopening of business or school.
Negligence Law Section Position on HB 6031: Oppose.
HB 6032 (Rep. Graham Filler) Labor: fair employment practices; employer taking adverse employment action against an employee who is absent from work; prohibit during a declared emergency.
HB 6101 (Rep. Wendell Byrd) Labor: health and safety; COVID-19 emergency; provide protection from liability to certain persons on reopening of business or school.
HB 6132 (Rep. Mike Mueller) Crimes: vehicle offenses; vehicle immobilization requirements; modify.

9/1 Senate Judiciary & Public Safety, 12:30 p.m. MORE
Agenda:
SB 289 (Sen. Curtis Hertel, Jr.) Criminal procedure: records; child abuse offenders registry; create.
SB 290 (Sen. Peter J. Lucido) Criminal procedure: records; persons convicted of certain child abuse offenses; require to register under the child abuse offender registry.
SB 291 (Sen. John Bizon, M.D.) Criminal procedure: sentencing guidelines; sentencing guidelines for child abuse offenders registry act violation; provide for.
SB 111 (Sen. Peter J. Lucido) Health occupations: health professionals; procedure for filing and responding to an allegation against a health professional with the department of licensing and regulatory affairs; modify, and modify the information to be provided to the department during the investigation of a health professional and the procedures for obtaining the information. 
SB 865 (Sen. Peter J. Lucido) Courts: other; procedures and regulations related cellular telephones in courtrooms; provide restrictions and penalties.
SBM Position on SB 865: Oppose.
Family Law Section Position on SB 865: Oppose.

Michigan Indigent Defense Commission

Standard 9 Published for Comment
Michigan Indigent Defense Commission Standard 9 – Proposed Standard for Determining Indigency and Contribution
The MIDC Act requires the MIDC to “promulgate objective standards for indigent criminal defense systems to determine whether a defendant is indigent or partially indigent.” MCL 780.991(3)(e). It also directs the MIDC to “promulgate objective standards for indigent criminal defense systems to determine the amount a partially indigent defendant must contribute to [their] defense.” MCL 780.991(3)(f). The United States Supreme Court has long recognized that “[t]here can be no equal justice where the kind of trial a man gets depends on the amount of money he has.” Griffin v. Illinois, 351 US 12, 19; 76 S Ct 585; 100 L Ed 891 (1956).

Accordingly, the MIDC proposes this minimum standard for making indigency determinations for those local funding units that elect to assume the responsibility of appointing counsel and for setting the amount that a partially indigent defendant must contribute to their defense.

At the Court

Supreme Court Postpones Oral Argument to September 9

At the Bar

September 17 Representative Assembly Agenda

The Representative Assembly will be meeting on Thursday, September 17, 2020. The agenda is posted online. Members of the State Bar are invited to submit comments to Representative Assembly on the public policy items on the agenda, which are listed below:

Proposed Amendment to MRPC 1.8
Proposed Amendment to MCR 8.120

All comments received by September 14 will be shared with the Assembly.

Links of Interest

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