|
September 21, 2020
Volume 18, Issue 38
At the Capitol
9/22 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.
SB 533 (Sen. Peter J. Lucido) Crimes: robbery; description of armed robbery; modify.
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 5880 (Rep. Pauline Wendzel) Elections: offenses; felony for submitting an absent voter ballot application using another person’s name and personal information; create, and create a felony for submitting an absent voter ballot application with the intent to obtain multiple absent voter ballots for a person.
HB 5881 (Rep. Ann Bollin) Criminal procedure: sentencing guidelines; sentencing guidelines for certain Michigan election law violations dealing with absent voter ballot applications; provide for.
SB 977 (Sen. Kevin Daley) Elections: offenses; felony for submitting an absent voter ballot application using another person's name and personal information; create, and create a felony for submitting an absent voter ballot application with the intent to obtain multiple absent voter ballots for a person.
SB 978 (Sen. Kevin Daley) Criminal procedure: sentencing guidelines; sentencing guidelines for certain Michigan election law violations dealing with absent voter ballot applications; provide for.
HB 5540 (Rep. Beau LaFave) Criminal procedure: warrants; statutory warrant requirement; provide for department of natural resources.
HB 5973 (Rep. Jeff Yaroch) Criminal procedure: forfeiture; disposal of funds from seized vehicles; clarify.
HB 5974 (Rep. Jeff Yaroch) Criminal procedure: forfeiture; disposition of funds from civil asset forfeiture; clarify.
HB 4854 (Rep. Tommy Brann) Crimes: weapons; penalties for intentionally placing and leaving a contraption or device capable of causing injury or death; provide for.
HB 4855 (Rep. Tommy Brann) Criminal procedure: sentencing guidelines; sentencing guidelines for crime of intentionally placing contraption or device capable of causing injury or death; enact.
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.
9/22 House Ways & Means, 3:00 p.m. MORE
Agenda Item of Interest:
HB 4035 (Rep. Jim Ellison) Animals: dogs; local government regulating a dog based on breed or perceived breed; prohibit.
Animal Law Section Position on HB 4035: Support.
9/22 Senate Regulatory Reforms, 3:00 p.m. MORE
Agenda Items of Interest:
HB 4488 (Rep. Brandt Iden) Occupations: individual licensing and registration; use of criminal record to determine eligibility for occupational licensing; restrict.
SBM Position on HB 4488: Support.
HB 4489 (Rep. Joseph Bellino) Occupations: attorneys; qualifications for admission to state bar; clarify good moral character requirement.
SBM Position on HB 4489: Support.
HB 4910 (Rep. Matt Hall) Animals: other; prescription of and requests for reasonable accommodation for emotional support animals; regulate.
Animal Law Section Position on HB 4910: Oppose.
HB 4911 (Rep. Sara Cambensy) Housing: landlord and tenants; early lease termination due to misrepresentation of emotional support animal; provide for.
Animal Law Section Position on HB 4911: Oppose.
9/23 Senate Judiciary & Public Safety, 3:30 p.m. MORE
Agenda:
SB 1046 (Sen. Roger Victory) Criminal procedure: arrests; authority to issue appearance tickets in lieu of arrest in criminal cases; expand.
SB 1047 (Sen. Jeff Irwin) Criminal procedure: warrants; procedures related to the issuance of bench warrants for failure to appear and for other processes related to arrest warrants; amend.
SB 1048 (Sen. Sylvia Santana) Criminal procedure: sentencing; rebuttable presumption for nonjail and nonprobationary sentences in certain misdemeanor cases; create.
SB 1049 (Sen. Stephanie Chang) Criminal procedure: youthful trainees; age limit for eligibility for youthful trainee status; amend.
SB 1050 (Sen. Michael D. MacDonald) Criminal procedure: probation; maximum length of probationary sentences; amend.
SB 1051 (Sen. Ed McBroom) Corrections: parole; conditions of parole to be tailored to offender; require.
HB 4923 (Rep. Jim Lilly) Criminal procedure: sentencing guidelines; sentencing guidelines for crime of installing a nonoperative air bag; provide for.
HB 4924 (Rep. Sarah Anthony) Crimes: vehicle offenses; penalties for installing a nonoperative air bag; provide for.
SB 700 (Sen. Sylvia Santana) Juveniles: juvenile justice services; juvenile justice and delinquency prevention act; require to limit the use of secure juvenile detention facilities for status offenders.
SB 893 (Sen. Sylvia Santana) Juveniles: juvenile justice services; citation to probate code of 1939; revise.
SB 894 (Sen. Sylvia Santana) Juveniles: juvenile justice services; citation to probate code of 1939; revise.
HB 4045 (Rep. Kara Hope) Criminal procedure: other; authority of counties to offer reward for information leading to an arrest and conviction; increase maximum reward.
9/24 Senate Judiciary & Public Safety, 8:30 a.m. MORE
Agenda:
SB 1046 (Sen. Roger Victory) Criminal procedure: arrests; authority to issue appearance tickets in lieu of arrest in criminal cases; expand.
SB 1047 (Sen. Jeff Irwin) Criminal procedure: warrants; procedures related to the issuance of bench warrants for failure to appear and for other processes related to arrest warrants; amend.
SB 1048 (Sen. Sylvia Santana) Criminal procedure: sentencing; rebuttable presumption for nonjail and nonprobationary sentences in certain misdemeanor cases; create.
SB 1049 (Sen. Stephanie Chang) Criminal procedure: youthful trainees; age limit for eligibility for youthful trainee status; amend.
SB 1050 (Sen. Michael D. MacDonald) Criminal procedure: probation; maximum length of probationary sentences; amend.
SB 1051 (Sen. Ed McBroom) Corrections: parole; conditions of parole to be tailored to offender; require.
HB 4923 (Rep. Jim Lilly) Criminal procedure: sentencing guidelines; sentencing guidelines for crime of installing a nonoperative air bag; provide for.
HB 4924 (Rep. Sarah Anthony) Crimes: vehicle offenses; penalties for installing a nonoperative air bag; provide for.
SB 700 (Sen. Sylvia Santana) Juveniles: juvenile justice services; juvenile justice and delinquency prevention act; require to limit the use of secure juvenile detention facilities for status offenders.
SB 893 (Sen. Sylvia Santana) Juveniles: juvenile justice services; citation to probate code of 1939; revise.
SB 894 (Sen. Sylvia Santana) Juveniles: juvenile justice services; citation to probate code of 1939; revise.
HB 4045 (Rep. Kara Hope) Criminal procedure: other; authority of counties to offer reward for information leading to an arrest and conviction; increase maximum reward.
SB 790 (Sen. Jim Runestad) Civil procedure: other; video recordings of court proceedings; provide for availability and review.
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.
Legislation Introduced 9/15-9/17
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 4676 (The Recording of Deeds Relating to Real Property) was reported from House Judiciary with recommendation to refer to the House Committee on Local Government & Municipal Finance on 9/16.
Real Property Law Section Position on HB 4676: Oppose.
HB 5148 (Probate Code of 1939, Adoptive Parents or Guardians) passed the Senate unanimously on 9/15. It now moves on the Governor.
Family Law Section Position on HB 5148: Support.
HB 5149 (The Michigan Penal Code, Legal or Physical Custody of an Individual) passed the Senate unanimously on 9/15. It now moves on the Governor.
Family Law Section Position on HB 5149: Support.
HB 5444 (A Bill to Create the Kinship Caregiver Navigator Program) passed the Senate unanimously on 9/15. It now moves on the Governor.
SBM Position on HB 5444: Support with the following clarifications: 1. First, Section 6(c) should be clarified to indicate that the legal services initiatives shall be integrated into the current system of legal service providers. 2. Second, to ensure quality pro bono and low bono legal services, required training should include legal services to marginalized communities, when applicable, such as immigration laws for documented and undocumented children, and training to ensure compliance with the Indian Child Welfare Act and Michigan Indian Family Preservation Act for kinship caregivers of children enrolled or eligible for enrollment in a federally recognized Tribe.
HB 6030 (A Bill to Provide Minimum Requirements for Claims Alleging Exposure to COVID-19) was reported out of Senate Judiciary as Substitute H-4 on 9/16.
Negligence Law Section Position on HB 6030: Oppose.
HB 6031 (Michigan Occupational Safety and Health Act) was reported out of Senate Judiciary as Substitute H-4 on 9/16.
Negligence Law Section Position on HB 6031: Oppose.
HB 6159 (A Bill to Provide Immunity for Health Care Providers & Facilities) was reported out of Senate Judiciary as Substitute H-1 on 9/16.
Negligence Law Section Position on HB 6159: Oppose.
SB 20 (The Michigan Penal Code, Jurisdiction) was reported out of Senate Judiciary & Public Safety without amendment on 9/15. It now moves onto the full Senate floor.
SBM Position on SB 20: Support.
SB 21 (The Code of Criminal Procedure, Jurisdiction) was reported out of Senate Judiciary & Public Safety without amendment on 9/15. It now moves onto the full Senate floor.
SBM Position on SB 21: 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. and will be live streamed via the Court’s YouTube channel.
Michigan’s Justice System Reaches 1 Million Hours of Zoom Hearings
Chief Justice McCormack Launches ‘Lady Justice’ Podcast; Also Releases Videos for Constitution Day
Supreme Court Learning Center Offers ‘Constitution Day’ Webinars, Including Live Q&A Session with Justice Bernstein
Amendments
ADM File No. 2019-06: Amendment of MCR 6.302
The amendment of MCR 6.302 makes the rule consistent with the Supreme Court’s ruling in People v Warren, 505 Mich 196 (2020), and requires a judge to advise a defendant of the maximum possible prison sentence including the possibility of consecutive sentencing.
Issued: 9/16/20
Comment Period Expires: 1/1/21
Proposed Amendments
ADM File No. 2019-48: Proposed Amendment of MCR 1.109
The proposed amendment of MCR 1.109 would require a signature from an attorney of record on documents filed by represented parties. This language was inadvertently eliminated when MCR 2.114(C) was relocated to MCR 1.109 as part of the e-Filing rule changes.
Issued: 9/16/20
Comment Period Expires: 1/1/21
ADM File No. 2019-35: Proposed Amendment of MCR 6.502
The proposed amendment of MCR 6.502 would eliminate the requirement to return successive motions to the filer and would eliminate the prohibition on appeal of a decision made on a motion for relief from judgment. Further, it would require all such motions to be submitted to the assigned judge, and require a trial court to issue an order when it rejects or denies relief.
Issued: 9/16/20
Comment Period Expires: 1/1/21
ADM File No. 2020-16: Proposed Amendment of MCR 9.261
The proposed amendment of MCR 9.261 would allow the JTC to share information with two separate divisions of the State Bar of Michigan: the Judicial Qualifications Committee and the Lawyers & Judges Assistance Program.
Issued: 9/16/20
Comment Period Expires: 1/1/21
Appointments
ADM File No. 2020-01: Appointments to the State Bar of Michigan Board of Commissioners
Issued: 9/16/20
Effective: Immediately
ADM File No. 2020-01: Appointments to the Attorney Discipline Board
Issued: 9/16/20
Effective: 10/1/20
ADM File No. 2020-01: Appointments to the Attorney Grievance Commission
Issued: 9/16/20
Effective: 10/1/20
Administrative Order
ADM File No. 2004-04: Rescission of Concurrent Jurisdiction Plan for the 18th District Court and the 29th District Court
Issued: 9/16/20
Effective: Immediately
ADM File No. 2014-24: Extension of Administrative Order No. 2015-1
Issued: 9/16/20
Expires: 9/16/22
At the Bar
The Board of Commissioners met on September 16, 2020 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2020-11 – Proposed Amendment of MCR 2.108
The proposed amendment of MCR 2.108 would provide a timeframe for a responsive pleading when a motion for more definite statement is denied.
POSITION: Support.
ADM File No. 2020-14 – Amendment of MCR 4.202
The amendment of MCR 4.202(H) makes the rule consistent with the requirements of MCR 4.201(F)(4) by requiring the court clerk to mail defendant notice of entry of a default judgment. The rule was amended previously to require plaintiff to mail a default judgment to the defendant, unlike MCR 4.201(F)(4), which was not amended. Having two different procedures for matters that are both summary proceedings has caused confusion for courts. This amendment returns the language to its previous status and makes MCR 4.201 and MCR 4.202 consistent again.
POSITION: Support.
Judicial Vacancies—City of Ann Arbor & Oakland County
Chelsea M. Rebeck Sworn in as SBM Representative Assembly Chair
New Ethics Guidance for Judges Covers Gifts and Social Media
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines
|