Public Policy Update from the State Bar of Michigan
August 13–19, 2012
Volume 10 Issue 33

FOCUS: Indigent Criminal Defense Services Bill Introduced
On August 15, Representative Tom McMillin (R-Rochester Hills) introduced House Bill 5804, a bill to "implement statewide standards and accountability measures of trial level indigent criminal defense services." The bill reflects the Indigent Defense Advisory Commission's June 22, 2012 Report, which recommended the establishment of a permanent commission to establish and oversee standards for Michigan's indigent defense system. Representative McMillin served on the commission, and he introduced HB 5804 with wide bipartisan support. A total of 39 Republicans and 37 Democrats signed on as sponsors of this legislation. The bill was referred to the House Judiciary committee.
HB 5804
Final Report from the Commission
Governor Snyder's Statement on the Commission Report
Executive Order 2011-12
Indigent Criminal Defense in Michigan (Michigan Bar Journal, August 2012)

In the Capitol
Legislation Introduced 8/15
View all bills introduced 8/15

Of Interest to the Legal Community
HB 5793 Law enforcement; fingerprinting; processing fees for fingerprinting and criminal record checks; extend sunset. Amends sec. 3 of 1935 PA 120 (MCL 28.273).

HB 5795 Courts; records; digital court records and electronically filing court papers; allow. Amends secs. 832, 859, 1427, 2137 & 8344 of 1961 PA 236 (MCL 600.832 et seq.); adds secs. 1426 & 1428 & repeals 1949 PA 66 (MCL 780.221–780.225).

HB 5796 Courts; other; certain court fees; exempt prosecuting attorneys from paying. Amends secs. 321 & 2529 of 1961 PA 236 (MCL 600.321 & 600.2529).

HB 5799 Corrections; parole; review of certain documentation presented to parole board; require crime victim access. Amends sec. 35 of 1953 PA 232 (MCL 791.235).

HB 5800 Crime victims; rights; review of certain documentation presented to parole board; require crime victim access. Amends secs. 19 & 21 of 1985 PA 87 (MCL 780.769 & 780.771).

HB 5804 Criminal procedure; defenses; statewide standards and accountability measures of trial level indigent criminal defense services; implement. Creates new act.

HB 5812 Children; protection; best interest of the child determination relating to child abuse and neglect; modify. Amends secs. 2, 3, 4, 5, 6a, 7, 7a & 7b of 1970 PA 91 (MCL 722.22 et seq.) & adds secs. 3a & 6f.

HB 5813 Courts; other; audio recording of court proceedings by parties; allow. Amends 1961 PA 236 (MCL 600.101–600.9947) by adding sec. 1488.

SJR U Courts; judges; election of or appointment to a judicial office of person who has reached 70 years of age; remove prohibition. Amends sec. 19, art. VI of the state constitution.

Of General Interest
HB 5797 Corrections; parole; standard of review for parole board release decisions; modify, and allow for attorney general intervention. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

HB 5807 Criminal procedure; sentencing guidelines; offense variable 10 related to the exploitation of a vulnerable victim; expand definition of predatory conduct to include preoffense conduct directed at a law enforcement officer posing as a potential victim. Amends sec. 40, ch. XVII of 1927 PA 175 (MCL 777.40).

HB 5809 Crimes; penalties; crime of soliciting sex act from a minor who is at least 16 years of age; increase penalties. Amends secs. 448 & 451 of 1931 PA 328 (MCL 750.448 & 750.451).

HB 5810 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of soliciting a minor 16 years of age or older to commit prostitution; provide to reflect increased penalty. Amends sec. 16w, ch. XVII of 1927 PA 175 (MCL 777.16w).

HB 5811 Administrative procedure; rules; demonstration that proposed rule is necessary and suitable; require. Amends sec. 45 of 1969 PA 306 (MCL 24.245).

HB 5820 Businesses; limited liability companies; annual statement of resident agent and registered office fee; revise. Amends sec. 1101 of 1993 PA 23 (MCL 450.5101).

HB 5827 Consumer protection; other; Michigan penal code provision relating to certain events; exclude ticket sales under event tickets act. Amends sec. 465 of 1931 PA 328 (MCL 750.465) & adds sec. 465b.

HB 5829 Law enforcement; other; reporting information regarding surveillance cameras; require. Creates new act.

SB 1224 Labor; hours and wages; family education leave act; create. Creates new act.

SB 1238 Natural resources; funding; procedures of proposed land acquisitions and developments; modify. Amends secs. 1902, 1905, 1907 & 1907a of 1994 PA 451 (MCL 324.1902 et seq.).

In the Hall of Justice
Nominations Sought for Daniel J. Wright Lifetime Achievement Award; Honor Recognizes Outstanding Work for Michigan Families, Children

At the Bar
State Bar to Launch Agricultural Law Section

State News
House explosion ruling: Dryer installers had no duty to warn Michigan homeowner of uncapped gas line
(MLive, 8/17/12)

Michigan House Democrats lose challenge to GOP's voice votes that give laws immediate effect
(Detroit Free Press, 8/17/12)

Withholding school employees' pay unconstitutional, court says
(Detroit Free Press, 8/17/12)

Collective bargaining ballot issue in limbo
(Detroit News, 8/16/12)

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