Public Policy Update from the State Bar of Michigan

September 28, 2020
Volume 18, Issue 39

At the Capitol

9/29 Senate Judiciary & Public Safety, 8:30 a.m. MORE
SB 830 (Sen. Erika Geiss) Corrections: state facilities; treatment of pregnant and postpartum women in correctional facilities; regulate.
SB 831 (Sen. Erika Geiss) Corrections: other; women's prison oversight advisory committee; create.
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.
SB 1125 (Sen. Peter J. Lucido) Corrections: jails; sheriffs coordinating and training council to develop behavioral health and crisis response training for local corrections officers; require.

9/29 Senate Regulatory Reform, 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 amending so that the bill does not apply to attorney licensing.
HB 4489 (Rep. Joseph Bellino) Occupations: attorneys; qualifications for admission to state bar; clarify good moral character requirement.
SBM Position on HB 4489: Support.

Legislation Introduced 9/22–9/25
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 4035 (Regulating Dogs Based Upon Breed or Perceived Breed) was reported out of the House Committee of Ways & Means as substitute H-1. It now moves onto the full House floor.
Animal Law Section Position on HB 4035: Support.

HB 6030 (A Bill to Provide Minimum Requirements for Claims Alleging Exposure to COVID-19) passed the Senate unanimously on 9/23.
Negligence Law Section Position on HB 6030: Oppose.

HB 6031 (Michigan Occupational Safety and Health Act) passed the Senate unanimously on 9/23.
Negligence Law Section Position on HB 6031: Oppose.

HB 6159 (A Bill to Provide Immunity for Health Care Providers & Facilities) passed the Senate unanimously on 9/23.
Negligence Law Section Position on HB 6159: Oppose.

At the Court

Michigan Supreme Court Announces October 7-8, 2020, Oral Arguments

Rule Amendments
ADM File No. 2015-21: Amendments of MCR 3.971, 3.972, 3.973, 3.977, 3.993, 7.202, and 7.204
The amendments of MCR 3.971, 3.972, 3.973, and 3.974 make various clarifying changes to rules the Court adopted in June 2019.
Issued: 9/23/20
Effective: 1/1/21

ADM File No. 2019-27: Amendments of MCR 6.310, 6.429, 6.431, 6.509, and 7.205 and Addition of Rule 6.126
The amendments of MCR 6.310, 6.429, 6.431, 6.509, and 7.205 and addition of MCR 6.126 clarify and simplify the rules regarding procedure in criminal appellate matters.
Issued: 9/23/20
Effective: 1/1/21

ADM File No. 2019-13: Amendment of MCR 7.118
The amendment of MCR 7.118 requires counsel to be appointed to an indigent prisoner when an application for leave to appeal a grant of parole is filed by the prosecutor or victim. The right to counsel also would be included on the notice to be provided the prisoner.
Issued: 9/23/20
Effective: 1/1/21

ADM File No. 2019-29: Amendments of MCR 7.212 and 7.312
The amendments of MCR 7.212 and 7.312 allow practitioners to efficiently produce an appendix for all appellate purposes by making the appendix rule consistent within the Court of Appeals and Supreme Court.
Issued: 9/23/20
Effective: 1/1/21

ADM File No. 2019-31: Amendment of MCR 7.216
The amendment of MCR 7.216 enables the Court of Appeals to impose filing restrictions on a vexatious litigator, similar to the Supreme Court’s rule (MCR 7.316).
Issued: 9/23/20
Effective: 1/1/21

ADM File No. 2019-26: Amendment of MCR 7.314
The amendment of MCR 7.314 eliminates the oral argument time period and instead directs that the amount of time for oral argument be established in the order granting leave to appeal.
Issued: 9/23/20
Effective: 1/1/21

ADM File No. 2020-03: Administrative Order No. 2020-20
This administrative order requires various notifications and information to be made regarding election-related litigation.
Issued: 9/23/20
Effective: Immediately

At the Bar

SCAO Updates Criteria for Courts to Conduct Jury Trials

Judicial Vacancies—City of Ann Arbor & Oakland County

Links of Interest

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