Public Policy Update from the State Bar of Michigan

October 18, 2021
Volume 19, Issue 42

At the Capitol

House Session Schedule
Senate Session Schedule

10/19 House Judiciary, 9:00 a.m. MORE
HB 4084 (Rep. Cynthia Johnson) Environmental protection: other; criminal penalties and civil fines for unlawful dumping of garbage; provide for.
HB 4159 (Rep. Padma Kuppa) Crimes: internet; penalties for coercing vulnerable adult into providing sexually explicit visual material; provide for.
HB 4160 (Rep. Julie Calley) Crimes: other; definitions for certain crimes against vulnerable adults; provide for.
HB 4853 (Rep. Mary Whiteford) Health: medical records; provision for the protection, retention, and maintenance of medical records referencing a vaginal or anal penetration treatment for 15 years by a health professional and health facility or agency; implement, and require certain boards to provide guidance to licensees on medical services involving vaginal or anal penetration.
HB 4855 (Rep. Roger Hauck) Criminal procedure: sentencing guidelines; sentencing guidelines for the crime of intentionally failing to document certain services in a medical record; enact.
HB 4857 (Rep. Annette Glenn) Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for.
HB 4858 (Rep. Daire Rendon) Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for.
HB 5368 (Rep. Graham Filler) Courts: records; requirement for date of birth to be included in publicly accessible personal identifying information in court proceedings; provide for.
Family Law Section Position on HB 5368: Oppose.

Complete Committee Meeting List

Legislation Introduced Recently
Recently bills were introduced in the following areas of law:

At the Court

ADM File No. 2019-06: Amendments of MCR 6.302 and 6.310
The amendment of MCR 6.302 eliminates the Court’s previously-adopted language requiring a trial court to advise defendant whether the law permits or requires the court to sentence defendant consecutively. This language was added following the Court’s opinion in People v Warren, and continues to be required under that opinion in cases where the court knows that a defendant may be subject to consecutive sentencing. However, as many commenters have noted, the greater challenge is determining how to proceed when a court does not know when a plea is accepted that consecutive sentencing is a possibility. In such a case, the Court was faced with two options: advising defendant in every case that consecutive sentencing may apply, even though the number of cases subject to consecutive sentencing is a small subgroup of cases in general, or allowing the group most directly affected (those defendants who were not advised that consecutive sentencing was a possibility and who were in fact sentenced to consecutive sentences) to withdraw their plea. This court rule amendment rejects a meaningless advisement for the majority of defendants, while protecting against an unfair outcome for those who were not advised but who received consecutive sentences.
Issued: 10/13/21
Effective: 1/1/22

ADM File No. 2019-34: Amendments of Rule 2, Rule 3, Rule 4, Rule 5, Rule 6, and Rule 7 and Addition of Rule 3a and Rule 4a of the Rules for the Board of Law Examiners
The amendments implement a Uniform Bar Examination in
Michigan with implementation set for the July 2022 administration of the bar examination. Delay in companion legislative action may defer implementation of these rules.  
Issued: 10/13/21
Effective: 3/1/22

At the Bar


Celebration of life for former SBM President Joseph L. Hardig, Jr.
A celebration of life is planned for former State Bar of Michigan President Joseph L. Hardig, Jr., who died May 14, 2020.

Judicial Vacancy—Court of Appeals, 2nd District
Applications must be submitted electronically and received by 5:00 p.m. on Thursday, October 28, 2021.

Links of Interest

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