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September 4, 2020
Volume 18, Issue 36
The State Bar of Michigan will be closed on Monday, September 7, in observance of Labor Day.
At the Capitol
9/8 House Judiciary, 11:30 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 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 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.
SB 321 (Sen. Kimberly A. LaSata) History and arts: historic sites; criteria for inclusion on Michigan Law Enforcement Officers Memorial; expand.
9/9 House Judiciary, 8:15 a.m. MORE
Agenda:
HB 5844 (Rep. Joseph Bellino) Criminal procedure: sentencing; mandatory jail sentence for certain violations of the public health code; eliminate.
HB 5854 (Rep. Tim Sneller) Criminal procedure: sentencing; mandatory jail sentence for certain vehicle code violations; eliminate.
HB 5855 (Rep. Tommy Brann) Criminal procedure: sentencing; mandatory minimum jail sentences for certain violations of the revised school code; eliminate.
HB 5856 (Rep. Steven Johnson) Criminal procedure: sentencing; mandatory jail sentence for violations of the natural resources and environmental protection act; eliminate.
HB 5857 (Rep. Jack O'Malley) Criminal procedure: sentencing; mandatory jail sentence for violations of the railroad code of 1993; eliminate.
HB 6159 (Rep. Roger Hauck) Torts: liability; pandemic health care immunity act; create.
SB 341 (Sen. Peter J. Lucido) Criminal procedure: search and seizure; warrant requirement to access or obtain certain electronic data; provide for.
SB 384 (Sen. Erika Geiss) Crimes: other; certain definitions regarding the requirements for the resale of event tickets at higher or lower prices; provide for.
SB 385 (Sen. Tom Barrett) Crimes: other; certain requirements regarding the resale of event tickets at higher or lower prices; provide for.
9/10 Senate Judiciary, 8:30 a.m. MORE
Agenda:
HB 5054 (Rep. Diana Farrington) Crime victims: other; program participants receive notice under the sexual assault victim's access to justice act at designated address; allow.
HB 5055 (Rep. Julie Calley) Crime victims: rights; victim of domestic violence incident notice of rights; require information on address confidentiality program.
HB 5056 (Rep. Kristy Pagan) Crime victims: notices; notices sent to victims of a felony under the crime victim's rights act; require to be sent to a designated address if requested by a victim.
HB 5057 (Rep. Daire Rendon) Crime victims: notices; notices sent to victims of serious misdemeanors under the crime victim's rights act; require to be sent to a designated address if requested by a victim.
HB 5058 (Rep. Kyra Bolden) Crime victims: notices; notices sent to victims of juvenile offenses under the crime victim's rights act; require to be sent to a designated address if requested by the victim.
SB 864 (Sen. Peter J. Lucido) State: identification cards; address appearing on state identification card different from residence address; allow.
HB 5421 (Rep. Graham Filler) Crimes: surveillance; exemption to the prohibition of recording a private conversation to allow a homeowner to conduct both audio and video recordings in his or her home under certain circumstances; provide for.
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 20 (Sen. Dale W. Zorn) Criminal procedure: jurisdiction; venue for prosecution of delivery of a controlled substance causing death; modify.
SBM Position on SB 20: Support.
SB 21 (Sen. Dale W. Zorn) Criminal procedure: jurisdiction; jurisdiction for prosecution for delivery of controlled substance causing death; modify.
SBM Position on SB 21: Support.
SB 611 (Sen. Peter MacGregor) Libraries: other; release or disclosure of library records to certain persons; allow under certain circumstances.
9/10 Senate Economic and Small Business Development, 12:00 p.m. MORE
Agenda Items of Interest:
SB 1023 (Sen. Ken Horn) 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 SB 1023: Oppose.
SB 1024 (Sen. Lana Theis) Torts: defenses; COVID-19 emergency; provide protection from liability to certain persons.
Negligence Law Section Position on SB 1024: Oppose.
Legislation Introduced 9/1–9/3
This week bills were introduced in the following areas of law:
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 reported out of the House Committee on Ways and Means as Substitute H-4 on 9/3. It now moves onto the full House floor.
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 reported out of the House Committee on Ways and Means without amendment 9/3. It now moves onto the full House floor.
SBM Position on HB 4489: Support.
HB 5488 (The Code of Criminal Procedure, Certain Permissible Costs) passed the Senate on 9/1 29 to 8. The bill now moves onto the governor for her signature.
SBM Position on HB 5488: Support.
Criminal Law Section Position on HB 5488: Support.
SB 0865 (Revised Judicature Act of 1961, Cellular Telephones in Courtrooms) was reported out of the Senate Committee on Judiciary and Public Safety on 9/2. It now moves onto the full Senate floor.
SBM Position on SB 0865: Oppose.
Family Law Section Position on SB 0865: 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.
*The State Bar of Michigan Board of Commissioner’s Executive Committee will be meeting on Tuesday, September 8, and will be discussing the above public policy item. Members who wish to share comments on the item below may do so by filling out a Public Policy Comment form or emailing pcunningham@michbar.org before 9:00 a.m. on Monday, September 7.
At the Court
The Michigan Supreme Court is holding a public administrative hearing on Wednesday, September 23, 2020, via video conference. The hearing will begin at 9:30 a.m. To reserve a place on the speaker’s list, please contact admcomment@courts.mi.gov by Friday, September 18. The public hearing will be live streamed via the Court’s YouTube channel.
At the Bar
September 16 Board of Commissioners Public Policy Agenda
The SBM Board of Commissioners will be considering several public policy items at their September 16 meeting. The public policy agenda can be reviewed online. Members of the State Bar are invited to submit comments to the Board of Commissioners on any of the items on the agenda. All comments received before the meeting will be shared with the Board.
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.
News Releases
In Memoriam: Joseph L. Hardig, Jr., 43rd SBM President
SCAO: Michigan Courts Expected to Continue Remote Proceedings
SCAO Responds to Questions About Landlord/Tenant AO
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines
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