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April 22, 2024
Volume 22, Issue 17
In the Capitol
4/23 House Criminal Justice, 9:00 a.m. MORE
Agenda:
HB 5400 (Rep. Noah Arbit) Crime victims: other; elements for commission of a hate crime; create.
HB 5401 (Rep. Kristian Grant) Criminal procedure: sentencing guidelines; sentencing guidelines for the commission of a hate crime; provide for.
4/24 House Appropriations, 9:00 a.m. MORE
Agenda Items of Interest:
HB 5514 (Rep. Phil Skaggs) Appropriations: department of licensing and regulatory affairs; appropriations for fiscal year 2024-2025; provide for.
4/24 House Appropriations Subcommittee on Judiciary, 11:15 a.m. MORE
Agenda:
Report the House Substitute for HB 5515, the FY 2024-25 Appropriations Bill for Judiciary.
4/24 Senate Appropriations, 2:00 p.m. MORE
Agenda Items of Interest:
SB 757 (Sen. Sue Shink) Appropriations: judiciary; appropriations for fiscal year 2024-2025; provide for.
SB 764 (Sen. Mary Cavanagh) Appropriations: department of licensing and regulatory affairs; appropriations for fiscal year 2024-2025; provide for.
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 5392 (The Code Of Criminal Procedure, Sunset On Certain Costs That May Be Imposed Upon Criminal Conviction) passed the House 99 to 6 on 4/18.
SBM Position on HB 5392: Support.
HB 5534 (A Bill To Require The Supreme Court To Analyze Certain Trial Court Costs And Revenue Sources) passed the House 58 to 47 on 4/18.
SBM Position on HB 5534: Support.
Legislation Introduced 4/9–4/11
Last week bills were introduced in the following areas of law:
In the Hall of Justice
PROPOSED AMENDMENTS
ADM File No. 2022-12: Proposed Amendment of MCR 7.118
The proposed amendment of MCR 7.118 would allow the prisoner’s attorney access to the parole eligibility report(s) and guidelines, require MDOC to provide the record on appeal within 14 days of being served with a prosecutor’s application for leave to appeal the parole board’s decision, require in all other appeals that MDOC provide the record on appeal within 14 days of the court granting the application for leave to appeal, and require confidential portions of the record to be filed under seal with access limited to certain people.
Issued: 4/17/24
Comment Period Expires: 8/1/24
At the Bar
The Board of Commissioners met on April 19, 2024 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2023-34: Proposed Amendment of MCR 3.967
The proposed amendment of MCR 3.967 would align the rule with MCL 712B.15, as amended in 2016, to clarify the applicability of qualified expert witness testimony in a removal hearing involving an Indian child.
SBM Position: Support.
ADM File No. 2023-36: Proposed Amendments of MCR 3.937, 3.950, 3.955, 3.993, and 6.931
The proposed amendments of MCR 3.937, 3.950, 3.955, 3.993, and 6.931 would implement 2023 PA 299 and incorporate additional changes from the SADO/MAACS Youth Defense Project regarding requests for and appointment of appellate counsel in cases involving juveniles.
SBM Position: Support.
ADM File No. 2023-36: Proposed Amendments of MCR 3.901, 3.915, 3.916, 3.922, 3.932, 3.933, 3.935, 3.943, 3.944, 3.950, 3.952, 3.955, 3.977, and 6.931 and Proposed Addition of MCR 3.907
The proposed amendments would implement the Justice for Kids and Communities legislation and align with recommendations of the Michigan Task Force on Juvenile Justice Reform.
SBM Position: Support.
HB 5393 (Hope) Juveniles: other; default maximum time for a juvenile to complete the terms of a consent calendar case plan; increase to 6 months. Amends sec. 2f, ch. XIIA of 1939 PA 288 (MCL 712A.2f).
SBM Position: Support.
HB 5429 (Morse) Children: services; court-appointed special advocate program; create. Creates new act.
SBM Position: Support.
HB 5431 (Andrews) Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).
SBM Position: Support.
SB 665 (Hoitenga) Courts: district court; magistrate qualifications; modify. Amends secs. 8501 & 8507 of 1961 PA 236 (MCL 600.8501 & 600.8507).
SBM Position: Support in Concept.
SB 688 (Chang) Juveniles: juvenile justice services; certain information sharing for research purposes in juvenile justice cases; allow. Amends sec. 9 of 1988 PA 13 (MCL 722.829).
SBM Position: Support in concept with the following amendments:
- Specific requirements for data-sharing agreements (specifically limitations on time and use of such records, and security and record destruction requirements);
- An additional provision requiring courts to maintain comprehensive records identifying all entities that have made requests to see records and what records are released; and
- A sanction provision (or extension of the sanction provision at MCL 722.829(4)) that would apply to researchers and their universities, agencies, or organizations who violate the data-sharing agreement required in subsection (2).
- A definition of the term “researcher.”
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines
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