Public Policy Update from the State Bar of Michigan
 
 
 

October 5, 2020
Volume 18, Issue 40

At the Capitol

10/7 Senate Judiciary & Public Safety, 9:00 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 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 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 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 6235 (Rep. Cynthia Neeley) Criminal procedure: other; denial to issue or renew driver license for failure to appear; prohibit.
HCR 29 (Rep. Beau LaFave) A concurrent resolution opposing the enactment and enforcement of a state law, under a federal mandate, that requires the suspension or revocation or the delay of issuance or reinstatement, of a driver's license to an individual convicted of a drug offense.

10/7 Senate Health Policy & Human Services, 11:00 a.m. MORE
Agenda Item of Interest:
HB 6159 (Rep. Roger Hauck) Torts: liability; pandemic health care immunity act; create.
Negligence Law Section Position on HB 6159: Oppose.

Legislation Introduced 9/29–10/1
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 4489 (Revised Judicature Act of 1961, Qualifications for Admission to State Bar) was reported out of the Senate Committee on Regulatory Reform with amendments on 10/1. It now moves onto the full floor of the Senate for consideration.
SBM Position on HB 4489: Support.

SB 20 (The Michigan Penal Code, Jurisdiction) passed the Senate 22 to 16 on 9/30. It will now go before the House Committee on Judiciary.
SBM Position on SB 20: Support.

SB 21 (The Code of Criminal Procedure, Jurisdiction) passed the Senate 22 to 16 on 9/30. It will now go before the House Committee on Judiciary.
SBM Position on SB 21: Support.

SB 77 (Public Health Code, Electronic Monitoring Devices in Nursing Homes) passed the Senate unanimously on 10/1. It will now go before the House Committee on Judiciary.
Elder Law & Disability Rights Section Position on SB 77: Support.
Negligence Law Section Position on SB 77: Oppose.

At the Court

Nominations sought for Maura D. Corrigan Foster Family Lifetime Achievement Award for service to children and families

Nominations sought for Daniel J. Wright Lifetime Achievement Award; honor recognizes outstanding work in support of Michigan families, children

Michigan Judges to Take Part in Regional Opioid Education Program

Rule Amendments
ADM File No. 2018-33/2019-20/2019-33: Amendments of MCR 6.425, 6.428, 7.208, and 7.211
The amendments, submitted by the State Appellate Defender Office, make several substantive changes. The amendments expand certain time periods within which to file and dispose of postjudgment motions (MCR 7.208 and 7.211), and reconfigure and expand the Reissuance of Judgment Rule (MCR 6.428) (renaming it Restoration of Judgment Rule). Finally, the amendments of MCR 6.425 require a probation officer to give defendant’s attorney notice and a reasonable opportunity to attend the presentence interview, require a probation agent to not only correct a report but certify the correction has been made and provide for additional requirements regarding use of and access to the presentence investigation report.
Issued: 9/30/20
Effective: 1/1/21

At the Bar

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Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
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