September 14, 2020
Volume 18, Issue 37

At the Capitol

9/15 House Judiciary, 8:30 a.m. MORE
Agenda:
HB 5933 (Rep. Sarah Lightner) Probate: wills and estates; individuals eligible to witness a will; exclude devisees, and void devises to a devisee who witnesses a will.
Probate & Estate Planning Section on HB 5933: Oppose with Explanation.
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.
SB 321 (Sen. Kimberly A. LaSata) History and arts: historic sites; criteria for inclusion on Michigan Law Enforcement Officers Memorial; expand.
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.
SB 420 (Sen. Peter J. Lucido) Civil procedure: execution; service of execution; modify procedures.
SB 533 (Sen. Peter J. Lucido) Crimes: robbery; description of armed robbery; modify.

9/16 House Judiciary, 10:15 a.m. MORE
Agenda:
HB 5464 (Rep. Sarah Lightner) Criminal procedure: bail; requirements for the use of a pretrial risk assessment tool by a court making bail decision; create.
SBM Position on HB 5464: Support the bill with amendments to (1) add language specifying that pre-trial detention determinations should never be based on a pretrial risk assessment tool score alone, and (2) require PSA tools to be periodically peer reviewed and tested for bias.
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 5846 (Rep. Bronna Kahle) Traffic control: driver license; suspension and revocation of driver license as sanction for certain vehicle code violation; eliminate.
HB 5847 (Rep. Luke Meerman) Traffic control: driver license; suspension of operator's or chauffeur's license; eliminate.
HB 5848 (Rep. Donna Lasinski) Traffic control: driver license; cross references to Michigan vehicle code; update.
HB 5849 (Rep. Mike Mueller) Traffic control: driver license; cross reference to juror compensation reimbursement fund; update.
HB 5850 (Rep. Rebekah Warren) Traffic control: driver license; cross reference to vehicle code provision to notify friend of court; eliminate.
HB 5851 (Rep. Tenisha Yancey) Traffic control: driver license; suspension and revocation of driver license as sanction for certain controlled substances offenses; eliminate.
HB 5852 (Rep. Lori Stone) Traffic control: driver license; licensing sanction for certain controlled substances offenses; eliminate.
HB 5853 (Rep. Bronna Kahle) Crimes: penalties; penalties for certain violations of the Michigan vehicle code; modify.
HB 6159 (Rep. Roger Hauck) Torts: liability; pandemic health care immunity act; create.
Negligence Law Section Position on HB 6159: Oppose.
HB 6169 (Rep. Scott VanSingel) Crimes: trespassing; trespassing on property of a state correctional facility; expand.
HB 6170 (Rep. Scott VanSingel) Corrections: private facilities; prohibiting certain conduct relating to a prisoner in a correctional facility; expand to correctional facilities operated by a private contractor.

9/17 Senate Judiciary & Public Safety, 8:30 a.m. MORE
Agenda:
SB 895 (Sen. Jim Runestad) Civil procedure: other; new trial; revise procedure for granting.
SBM Position on SB 895: Oppose.
Appellate Practice Section Position on SB 895: Oppose.
SB 790 (Sen. Jim Runestad) Civil procedure: other; video recordings of court proceedings; provide for availability and review.
SB 1092 (Sen. Peter J. Lucido) Traffic control: driver license; resident address on driver license different from residence address; allow.
SB 864 (Sen. Peter J. Lucido) State: identification cards; address appearing on state identification card different from residence address; allow.
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.

Legislation Introduced 9/8-9/10
Last week bills were introduced in the following areas of 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 4488 (Individual Licensing & Registration, Use of Criminal Record to Determine Eligibility) passed the House unanimously on 9/10. It now moves onto the Senate for consideration.
SBM Position on HB 4488: Support

HB 4489 (Revised Judicature Act of 1961, Qualifications for Admission to State Bar) passed the House unanimously on 9/10. It now moves onto the Senate for consideration.
SBM Position on HB 4489: Support

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.

Milton Mack, Jr. Appointed to National Mental Health Task Force

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.

Links of Interest

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