Public Policy Update from the State Bar of Michigan
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October 16, 2017
Volume 15, Issue 40

In the Capitol

10/17 House Law & Justice, 9:00 a.m. MORE
HB 4536 Require expunction of all information in arrest record when individual is wrongly accused under certain circumstances;
HB 4537 Require promulgation of rules to effectuate expunction and destruction of all arrest record information from LEIN and other databases by C.J.I.S. under certain circumstances;
HB 4538 Eliminate certain exceptions for expunction and destruction of biometric data;
HB 4719 Provide for allocation of responsibilities with respect to prevention and management of bedbug infestation;
HB 4751 Clarify enforceability of prenuptial agreements;
Family Law Section: Oppose with Recommended Amendments.
HB 4752 Revise fee ratio and reporting requirement, and remove sunset;
HB 4882 Expand procedure for asserting insanity defense to include misdemeanor offenses;
SB 435 Require certification of drug treatment courts by the state court administrative office;
SBM Position: Support.
Criminal Law Section Position: Support.
SB 436 Amend the vehicle code to reflect certification of DWI/sobriety court by the state court administrative office;
SBM Position: Support.
Criminal Law Section Position: Support.
SB 437 Require certification of mental health courts by the state court administrative office;
SBM Position: Support.
Criminal Law Section Position: Support.
SB 438 Require certification of veterans courts by the state court administrative office;
SBM Position: Support.
Criminal Law Section Position: Support.
HCR 11 A concurrent resolution to urge the U.S. Drug Enforcement Administration and federal prosecutors to either enforce the federal statute criminalizing marijuana or the U.S. Congress to amend the Controlled Substances Act of 1970 to defer to the states the right to regulate marijuana within its borders under state law.

10/17 State Drug Treatment Court Advisory Committee, 10:00 a.m. MORE

10/17 House Judiciary, 12:00 p.m. MORE
HB 4768 Provide for setting aside juvenile adjudication for completion of the Michigan youth challeNGe academy;
HB 4470 Clarify that appointment of receiver does not constitute an action under the one act rule, and clarify that statute of limitations under other act does not conflict with the revised judicature act;
HB 4471 Enact uniform commercial real estate receivership act.
For Referral to the Committee on Law and Justice:
HB 5073 Revise procedures for mediation and case evaluation of civil actions.

10/17 Senate Judiciary, 3:00 p.m. MORE
HB 4756 Revise abstract of court record for certain violations of the minor in possession of alcohol statute;
SB 630 Revise driver license sanctions and reports to the secretary of state for certain violations;
SB 527 Modify weapon requirements for foster parents; 
SB 607 Prohibit under certain circumstances sexual penetration or contact between clergy and certain members of congregation, and disallow consent as a defense;
HB 4463 Allow limited liability companies members and others with personal knowledge to represent in certain situations.
State Bar of Michigan Position: Oppose
Business Law Section Position: Oppose
Real Property Law Section Position: Oppose

10/18 House Appropriations Corrections, 10:30 a.m. MORE
Agenda: Department of Corrections Health Care: Integrated Physical and Mental Health Care Services; Care for Elderly and Medically Frail Prisoners; Hepatitis C.

Complete Committee Meeting List

Legislation Introduced 10/10–10/12
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.
SB 0381 (The Code of Criminal Procedure, Service of Notices to Surety Bonds) was reported out of House Judiciary on 10/10 without amendment.

SB 0529 (The Social Welfare Act, Child Care Fund Act) passed the Senate 37 to 0 on 10/11.

In the Hall of Justice

Michigan Supreme Court to Celebrate Justice Kurtis T. Wilder at Investiture

Supreme Court Awards More Than $11 Million in Grants to Drug and Sobriety Courts Statewide

Supreme Court Awards More Than $3 Million in Grants to Probation Supervision Programs in Courts Across the State

Rule Amendments
2015-11: Amendment of MRE 404
The amendments of MRE 404(b) require written notice to be provided at least 14 days before trial, or orally on the record later if the court finds there is good cause. This notice requirement replaces the former language that required only “reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown.” The amendment is not intended to discourage oral notice provided earlier than 14 days in advance of trial, so long as such notice is then confirmed in writing as provided in the rule.
Issued: 10/11/2017
Effective: 1/1/2018

At the Bar

Proposed Amendment to Local Rules—U.S. District Court

Three Judicial Vacancies—Genesee, Saginaw, & Dickinson/Iron/Menominee Counties

Civil Discovery Court Rule Review Committee Seeks Members' Input on Draft Proposal
For over a year, the State Bar of Michigan’s Civil Discovery Court Rule Review Special Committee, with the help of five subcommittees, has engaged in a detailed review of the civil discovery court rules in Michigan to evaluate ways to improve them. With a broad cross-section of lawyers, judges, and court administrators from across the state, the Committee has produced a draft report and set of proposed rules changes. Taken as a whole, this is an attempt to modernize our court rules, adopt best practices from other jurisdictions, and to improve the efficiency of the judicial system and access to justice by making discovery less onerous, more efficient and more targeted.
The Committee is seeking on this draft proposal from stakeholder groups and bar members to ensure that these proposed rules make effective improvements to efficiency in the discovery process and make our courts more accessible to all.

The draft proposal is available here.

Please e-mail your comments to by December 1, 2017.

The Committee will consider the feedback that it receives to revise its proposal; the Committee plans to submit the revised proposal to the Representative Assembly for consideration at its April 2018 meeting. Thank you in advance for your feedback.

Links of Interest

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