Public Policy Update from the State Bar of Michigan
January 27, 2014
Volume 12 Issue 4

FOCUS: Voluntary State Bar Legislation
Senate Bill 743 (SB 743), calling for voluntary membership in the State Bar of Michigan, was introduced last week. For more information, please read the member advisory.

In the Capitol
Committee meetings of interest for the week of 1/27
1/28 Senate Judiciary, 2:30 PM, Farnum Building Room 110
Agenda:
HB4907 Provide for technical amendments to crimes of arson;
HB4908 Revise sentencing guidelines for certain arson violations;
SB729 Provide for recovery of certain costs for prosecution of retail fraud;
And any other business properly before the committee.

1/29 House Criminal Justice, 10:30 AM, House Office Building Room 327
Agenda:
HB 5110 Require disclosure of call location information by wireless providers to requesting law enforcement agency;
SB 409 Include unlawful imprisonment as predicate offense for first degree murder;
SB 581 amend day parole act to correct citation reference for verification of school enrollment or employment of individual released from jail to attend school or for employment purposes;
SB 285 Enhance penalties for crimes against animals, and make other revisions;
SB 286 Enact and amend sentencing guidelines for crimes of animal cruelty;
HB 5108 Allow resale of event tickets at higher or lower prices.

Complete Committee Meeting List

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 0705 (Recording of Hearings Involving Minors) advanced to the third reading on January 21 and passed the Senate on January 23, 38-0.

HB 5025 (Human Trafficking Expunction) was reported out of House Criminal Justice on January 22.
SBM Position on HB 5025: Support.
Criminal Jurisprudence & Practice Committee Position on HB 5025: Support.
Prisons & Corrections Section Position on HB 5025: Support.

Legislation Introduced 1/21 – 1/23
View all bills introduced 1/21-1/23
Of Interest to the Legal Community
HB 5238 Criminal procedure; expunction; set-aside of certain criminal records for victims of human trafficking; provide for. Amends secs. 1, 2 & 4 of 1965 PA 213 (MCL 780.621 et seq.).

SB 0743 Occupations; attorneys; voluntary membership in state bar; establish. Amends sec. 901 of 1961 PA 236 (MCL 600.901).

Of General Interest
HB 5230 Civil procedure; other; abatement of nuisances; allow abatement for property used for human trafficking and make other general amendments. Amends secs. 3801, 3805, 3810, 3815, 3820, 3825 & 3835 of 1961 PA 236 (MCL 600.3801 et seq.).

HB 5231 Crimes; prostitution; gender references in certain prostitution statutes; eliminate, and provide for increased penalties. Amends secs. 449a, 451, 452, 455, 456, 457, 458, 459 & 460 of 1931 PA 328 (MCL 750.449a et seq.).

HB 5232 Criminal procedure; sentencing guidelines; sentencing guidelines for certain prostitution offenses; revise. Amends sec. 16w, ch. XVII of 1927 PA 175 (MCL 777.16w).

HB 5233 Criminal procedure; forfeiture; forfeiture of property for certain human trafficking violations; provide for. Amends secs. 4701, 4702, 4703, 4704, 4705, 4706, 4707 & 4708 of 1961 PA 236 (MCL 600.4701 et seq.).

HB 5234 Crimes; definitions; human trafficking provisions; modify. Amends secs. 156, 462a, 462b, 462c, 462d, 462e, 462f, 462g & 462h of 1931 PA 328 (MCL 750.156 et seq.) & repeals secs. 462i & 462j of 1931 PA 328 (MCL 750.462i & 750.462j).

HB 5235 Criminal procedure; sentencing guidelines; sentencing guidelines for human trafficking crimes; amend to reflect changes in human trafficking laws. Amends sec. 16w, ch. XVII of 1927 PA 175 (MCL 777.16w).

HB 5236 Crimes; other; criminal forfeiture provisions in the revised judicature act of 1961; amend to reflect changes in human trafficking law. Amends sec. 4701 of 1961 PA 236 (MCL 600.4701).

HB 5237 Criminal procedure; sentencing; William Van Regenmorter crime victim's rights act; amend human trafficking restitution provisions. Amends sec. 16b of 1985 PA 87 (MCL 780.766b).

HB 5243 Civil rights; sex discrimination and harassment; employees protected under Elliott-Larsen civil rights act; expand to include interns. Amends sec. 205 of 1976 PA 453 (MCL 37.2205).

HB 5250 Criminal procedure; forfeiture; uniform forfeiture reporting act; enact. Creates new act & repeals sec. 7524a of 1978 PA 368 (MCL 7524a).

HB 5251 Criminal procedure; forfeiture; reports of disposition of certain forfeited property; amend public health code to require, and provide a penalty for failing to report. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 7524b.

HB 5252 Criminal procedure; forfeiture; seizure and forfeiture of property for abatement of nuisance to be reported to the department of state police under the uniform forfeiture reporting act; require. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 3841.

New Public Acts

 

In the Hall of Justice
Proposed court rule changes on agenda for Supreme Court’s January 22 public administrative hearing

At the Bar
Sections and Committees
The Civil Procedure & Courts Committee submitted public policy position reports on the following items:
Oppose: SB 0519 Civil procedure; other; fines, costs, and other indebtedness to courts; require SCAO to establish a database, and require civil litigants to check database before paying or collecting on a judgment. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1477.

Oppose: SB 0520 Crime victims; restitution; restitution orders for crime of nonpayment of support; clarify. Amends sec. 165 of 1931 PA 328 (MCL 750.165).

The Criminal Issues Initiative submitted a public policy position report on the following item:
Support: HB 5078 Criminal procedure; sentencing guidelines; sentencing guidelines commission; reestablish. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 32 & 33 to ch. IX.

The Criminal Jurisprudence & Practice Committee submitted public policy position reports on the following items:
Support: HB 5025 Criminal procedure; expunction; victim of human trafficking to set aside certain prostitution convictions; allow under certain circumstances. Amends secs. 1, 2 & 4 of 1965 PA 213 (MCL 780.621 et seq.).

Oppose: HB 5055 Criminal procedure; warrants; defraying of costs incurred by local unit of government in executing bench warrants; allow. Amends sec. 1f, ch. IX of 1927 PA 175 (MCL 769.1f).

Support: HB 5078 Criminal procedure; sentencing guidelines; sentencing guidelines commission; reestablish. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 32 & 33 to ch. IX.

Oppose: HB 5127 Criminal procedure; sentencing; assessment fee for conviction of a misdemeanor or felony; create, and earmark into a safe and secure schools fund. Amends sec. 1j, ch. IX of 1927 PA 175 (MCL 769.1j).

Oppose: SB 0519 Civil procedure; other; fines, costs, and other indebtedness to courts; require SCAO to establish a database, and require civil litigants to check database before paying or collecting on a judgment. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1477.

Support: SB 0558 Mental health; other; program to divert persons with serious mental illness from justice system to treatment; establish. Amends 1974 PA 258 (MCL 330.1001 - 330.2106) by adding sec. 207a & repeals sec. 207 of 1974 PA 258 (MCL 330.1207).

The Criminal Law Section submitted a public policy position report on the following items:
Support and Amend: HB 5155 Courts; district court; probable cause conferences in felony and misdemeanor cases; clarify district court's jurisdiction. Amends secs. 8311 & 8511 of 1961 PA 236 (MCL 600.8311 & 600.8511) & repeals sec. 2167 of 1961 PA 236 (MCL 600.2167).

The Justice Policy Initiative submitted a public policy position report on the following item:
Oppose: SB 0519 Civil procedure; other; fines, costs, and other indebtedness to courts; require SCAO to establish a database, and require civil litigants to check database before paying or collecting on a judgment. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1477.

The Negligence Law Section submitted a public policy position report on the following item:
Oppose: SB 0743 Occupations; attorneys; voluntary membership in state bar; establish. Amends sec. 901 of 1961 PA 236 (MCL 600.901).

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines