April11, 2005 -April 17, 2005
Volume 3 Issue 15

In the Capitol
Committee meetings of interest for the week of 4/18
4/19 House Appropriations: Department of Human Services
Agenda: Department of Human Services Presentations: Public Assistance Programs, Office of Child Support, Office of Children and Adult Licensing, Bureau of Community Action & Economic Opportunity

4/20 House Judiciary
Agenda: HB 4528 Eliminate statute of limitations on conspiracy to commit murder; HB 4161 Repeal provision regarding presumption of custody in acknowledgment of parentage act;
For Testimony Only: HB 4285 Enact sentencing guidelines for crime of operating motor vehicle with excessive blood alcohol content; HB 4286 Provide for increased penalties for operating a vehicle with excessive blood alcohol content.
Family Law Section Position: Oppose HB 4161

4/21 House Appropriations: Department of Human Services
Agenda: Priority Areas: Adult, Child and Family Services; Juvenile Justice Programs; Information Technology; General Issues

4/21 House Appropriations: Judiciary
Agenda: Drug courts, Community Dispute Resolution Program, Foster Care Review Board Program

Complete Committee Meeting List

Legislation Introduced 4/12 – 4/14
Of Interest to the Legal Community

HB 4588 Crime victims; rights; comprehensive changes to crime victim's rights act; enact. Amends secs. 2, 6, 13a, 16, 16a, 18, 18a, 19, 20, 21, 31, 44, 44a, 46, 47, 61, 65, 76, 76a, 78 & 81 of 1985 PA 87 (MCL 780.752 et seq.) & adds sec. 19a.

HB 4598 Criminal procedure; sex offender registration; crime of indecent exposure while engaging in a lewd and lascivious act; include under sex offender registration requirements. Amends sec. 2 of 1994 PA 295 (MCL 28.722). TIE BAR WITH: HB 4597'05

HB 4605 Health; medical records; release of certain personal health information related to serious communicable diseases, HIV, or AIDS; require to comply with HIPAA regulations. Amends sec. 5131 of 1978 PA 368 (MCL 333.5131).

HB 4609 Civil rights; employment discrimination; equal compensation for comparable work; require. Amends secs. 102, 103 & 202 of 1976 PA 453 (MCL 37.2102 et seq.).

SB 363 Criminal procedure; sentencing; juvenile convicted of first or second degree murder; require to be sentenced as an adult. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18).

SB 376 State; employees and officers; leave time for donation of anatomical gifts; provide for. Creates new act.

SB 379 Children; services; court-appointed special advocates; provide for. Creates new act.

SB 381 Labor; fair employment practices; termination of employee on basis of legal conduct occurring during nonworking hours; prohibit. Creates new act.

SB 386 Family law; parenting time; grandparenting time; amend adoption code to establish child custody act provisions as controlling. Amends sec. 60, ch. X of 1939 PA 288 (MCL 710.60).

SB 388 Health; research; disclosure of results of certain clinical trials to public and registration with federal data bank; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding pt. 96A.

In the Hall of Justice
Proposed Amendments
2004-60 - Proposed Amendment of Rule 9.205 of the Michigan Court Rules
This order invites comments on two alternative proposed amendments of MCR 9.205(B). Both would allow the Judicial Tenure Commission to recommend and this Court to order that a disciplined judge pay the costs, fees, and expenses incurred by the commission in prosecuting the complaint of judicial misconduct. Alternative B is narrower in that it only allows costs to be assessed where the judge is engaged in conduct involving fraud, deceit, intentional misrepresentation, or misleading statements to the commission, the commission’s investigators, the master, or the Supreme Court. Cf. In re Noecker, 472 Mich 1 (2005).
Issued: April 13, 2005
Comment period expires: August 1, 2005
Public Hearing: To be scheduled

2003-04 - Proposed Amendment of Rule 6.412 of the Michigan Court Rules
The April 12, 2005, proposed amendment of MCR 6.412(F) is new language that states that discrimination on the basis of race, color, religion, national origin, or sex during the selection process of a jury is prohibited even in cases where the purpose would be to achieve balanced representation. Former subrule (F) is relettered as (G).
Issued: April 12, 2005
Comment period expires: August 1, 2005
Public Hearing: To be scheduled

At the Bar
Redline Copy of the Proposed Rules of Professional Conduct

Sections and Committees
The Prisons and Corrections Section submitted the following public policy report:
Support: HB 4327 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).

Federal News
Congress Passes Legislation Making It Harder To Wipe Away Debt
(Detroit News, 4/15/05)

Senators Resist Reporting Finances Online
(Washington Times, 4/12/05)

State News
Lawmakers To Hear Testimony On Business Tax Plan This Week
(Lansing State Journal, 4/11/05)

Mich. Weapons Law May Change
(Lansing State Journal, 4/11/05)

Granholm Nominates Schools Chief Choice
(Lansing State Journal, 4/12/05)

Bill Would Require Schools To Allow Time To Say Pledge
(Lansing State Journal, 4/13/05)

Cherry Urges Push For School Reforms
(Lansing State Journal, 4/13/05)

Petition May Have Duped Its Signers
(Detroit News, 4/15/05)

New Grassroots Efforts Focus On Eliminating state Senate
(Lansing State Journal, 4/16/05)

Granholm-GOP Impasse Stalls Her Agenda
(Lansing State Journal, 4/17/05)




Links of Interest
Public Policy Resource Center
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