|March 28, 2005 -April 3, 2005||
Volume 3 Issue 13
In the Hall of Justice
Sections and Committees
The Criminal Jurisprudence and Practice Committee submitted the following public policy positions. The positions are subject to authorization by the State Bar Board of Commissioners and may be adopted as a position of the State Bar.
Oppose sections of the bill, otherwise neutral: SB 113 (Hammerstrom) Courts; juries; system for requiring jury service and excusing prospective jurors; revise and provide for a lengthy trial fund. Amends secs. 1307a, 1314, 1320, 1333, 1334, 1335, 1337, 1343, 1346 & 1348 of 1961 PA 236 (MCL 600.1307a et seq.) & adds sec. 1344a.
Oppose: SB 263 (Hammerstrom) Crime victims; statements; hearsay rule; exempt certain statements of domestic violence victims. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 27a & 27b to ch. VIII.
Support in Principle: HB 4006 (Caswell) Crimes; uttering and publishing; bad check pretrial diversion program; create. Creates new act.
Oppose: HB 4166 (Pastor) Crimes; disorderly conduct; penalties for participants at a youth athletic event to interfere with the game; provide for. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 81e.
Oppose: HB 4210 (PA 3 of 2005, Effective 4/1/05) (Stakoe) Crimes; vehicle offenses; requirement for prosecution to show proof that a driver of a fleeing vehicle has knowledge of injuries; eliminate. Amends secs. 617, 617a, 618 & 619 of 1949 PA 300 (MCL 257.617 et seq.).
Support: HB 4213 (Meyer) Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. Amends 1939 PA 288 (MCL 701.1 - 712A.32) by adding sec. 17e to ch. XIIA. -TIE BAR WITH - HB 4214 (Meyer) Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. Amends secs. 1001a, 1020, 1022, 1024, 1026, 1028, 1030, 1031, 1032, 1034, 1036, 1038, 1040, 1042, 1044 & 1050 of 1974 PA 258 (MCL 330.2001a et seq.). -TIE BAR WITH - HB 4215 (Meyer) Juveniles; criminal procedure; provisions relating to the alibi defense; expand to include juveniles. Amends secs. 20, 20a, 21, 21a & 36, ch. VIII of 1927 PA 175 (MCL 768.20 et seq.).
Support: HB 4327 (Waters) Criminal procedure; expunction; record expungement for certain offenders; provide for. Amends sec. 1 of 1965 PA 213 (MCL 780.621) & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Support: HB 4413 (PA 4 of 2005, Effective 4/1/05) (Schuitmaker) Criminal procedure; DNA; deadline for filing petition for DNA testing in felony conviction cases; extend. Amends sec. 16 of 1927 PA 175 (MCL 770.16).
No opposition: 2004-13 - Proposed Amendment of Rule 2.504 of the Michigan Court Rules The proposed amendment of MCR 2.504(A) would clarify that any second voluntary dismissal pursuant to subrule (A)(1) constitutes an adjudication on the merits, even where the plaintiff obtains a court order finalizing the dismissal and whether or not the plaintiff is ordered to pay costs.
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