Public Policy Update from the State Bar of Michigan
November 4–10, 2013
Volume 11 Issue 45

In the Capitol
Committee meetings of interest for the week of 11/11
11/12 House Commerce
Agenda:
HB 4366 Eliminate reference to felony conviction on job applications.
Prisons & Corrections Section Position: Support

11/12 Senate Judiciary
Agenda:
HB4966 Revise Michigan penal code to allow for department of corrections access to law enforcement information network (LEIN) under certain circumstances;
HB4967 Amend revised judicature act to allow for department of corrections access to law enforcement information network (LEIN) under certain circumstances;
HB4968 Amend code of criminal procedure to allow for department of corrections access to law enforcement information network (LEIN) under certain circumstances;
HB4969 Amend public health code to allow for department of corrections access to law enforcement information network (LEIN) under certain circumstances;
HB5048 Clarify maintenance procedures and access to records regarding prohibited conduct of a licensed health care professional;
HB5049 Modify certain records regarding participation in the veterans treatment court;
HB5050 Prohibit installation, transfer, or possession of "skimming" devices, and provide penalties;
HB5051 Provide penalties for identity theft using personal identifying information for Michigan penal code to mirror penalties for violating similar provision of the identity theft protection act;
HB5052 Enact sentencing guidelines for crime of recording personal identifying information from financial transaction device transaction by nonparty;
HB5053 Expand jurisdiction for prosecution of certain crimes involving "skimming" devices;
HB5054 Provide for sentencing guidelines for crime of selling, purchasing, installing, transferring, or possessing skimming device;
And any other business properly before the committee.

11/12 Senate Families, Seniors and Human Services
Agenda Items of Interest:
SB 586 Provide for jurisdiction of probate court over individuals less than 18 years of age who commit certain prostitution-related crimes;
SB 587 Provide for counseling program for children found to be victims of human trafficking;
SB 588 Provide for affirmative defense for victims of human trafficking in certain criminal prosecution;
SB 591 Allow under certain circumstances setting aside criminal conviction on grounds of being a victim of human trafficking.

11/13 House Criminal Justice
Agenda:
HR 244 A resolution to memorialize the Congress of the United States to amend the Communications Decency Act of 1996 to allow the prosecution by state and local governments of individuals who promote prostitution and child sex trafficking through online advertisements;
HB 4867 Expand definition of predatory conduct to include preoffense conduct directed at a law enforcement officer posing as a potential victim;
HB 5012 Create presumption of coercion under certain circumstances for minors engaged in prostitution;
HB 5026 Allow court jurisdiction over dependent juveniles in danger of substantial physical or psychological harm;
HB 4021 Expand kidnapping intent element.

11/13 Senate Families, Seniors and Human Services
Agenda Items of Interest:
SB 586 Provide for jurisdiction of probate court over individuals less than 18 years of age who commit certain prostitution-related crimes;
SB 587 Provide for counseling program for children found to be victims of human trafficking;
SB 588 Provide for affirmative defense for victims of human trafficking in certain criminal prosecution;
SB 591 Allow under certain circumstances setting aside criminal conviction on grounds of being a victim of human trafficking.

11/14 House Judiciary
Agenda:
HB 5121 Increase number of judgeships in the sixteenth circuit court;
HB 5122 Increase number of judgeships in the sixth circuit court;
HB 5123 Modify number of judgeships in the seventeenth circuit and the fifth district, and consolidate certain district court districts;
HB 5124 Consolidate certain circuit and district courts, and reduce the number of certain judgeships under certain circumstances;
HB 5125 Authorize consolidation certain district court districts under certain circumstances and modify the number of judges;
SB 653 Require revise number of judgeships in compliance with state court administrator's office judges' report, and provide for the consolidation of certain courts.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Father’s challenge to “one-parent doctrine” before Supreme Court last week

Administrative Orders
ADM File No. 2004-04 - Administrative Order No. 2013-14 (Concurrent Jurisdiction Plan for the 20th Circuit Court, the 58th District Court, and the Ottawa County Probate Court)
Issued: November 6, 2013
Effective: November 6, 2013

ADM File No. 2004-04 - Administrative Order No. 2013-15 (Concurrent Jurisdiction Plan for the 31st Circuit Court, the 72nd District Court, and the St. Clair County Probate Court)
Issued: November 6, 2013
Effective: November 6, 2013

Proposed Amendments
ADM File No. 2013-03 - Proposed Amendment of MCR 2.302
The proposed amendment would clarify that discovery is available in postjudgment proceedings in domestic relations matters.
Issued: November 6, 2013
Comment period expiration: March 1, 2014

ADM File No. 2013-19 - Proposed Amendment of MCR 3.602
The proposed changes of MCR 3.602 would apply to all other forms of arbitration that are not described in the newly adopted Revised Uniform Arbitration Act, MCL 691.1681 et seq.
Issued: November 6, 2013
Comment period expiration: March 1, 2014

ADM File No. 2012-11 - Proposed Amendment of MCR 6.302
This proposed amendment would add a harmless-error provision identical to that in FR Crim P 11(h).
Issued: November 6, 2013
Comment period expiration: March 1, 2014

At the Bar
The November 2013 issue of the Michigan Bar Journal is now available online.

Sections and Committees
The Criminal Law Section submitted public policy position reports on the following items:
Oppose: HB 5018 Criminal procedure, expunction; State agencies (existing), attorney general. Criminal procedure; expunction; requirement for attorney general review of a set-aside application; eliminate. Amends sec. 1 of 1965 PA 213 (MCL 780.621).

Oppose: HB 5019 Juveniles, criminal procedure; Criminal procedure, expunction; State agencies (existing), attorney general. Juveniles; criminal procedure; requirement for attorney general review of a set-aside application; eliminate. Amends sec. 18e, ch. XIIA of 1939 PA 288 (MCL 712A.18e).

Support: HB 5020 Courts, other; Crimes, intoxication or impairment; Law, sunset. Courts; other; DWI/sobriety court interlock pilot project; eliminate sunset. Amends sec. 304 of 1949 PA 300 (MCL 257.304).

Support: HB 5021 Courts, other; Crimes, intoxication or impairment; Law, sunset. Courts; other; DWI/sobriety court interlock pilot project; eliminate sunset. Amends sec. 1084 of 1961 PA 236 (MCL 600.1084).

Support and Amend: SB 0318 Corrections; parole; parole of certain juvenile offenders; allow under certain circumstances. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

Support and Amend: SB 0319 Criminal procedure; sentencing; procedures for determining whether juvenile convicted of murder should be sentenced to imprisonment without parole eligibility; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 32 & 33 to ch. IX.

The Elder Law & Disability Rights Section submitted public policy position reports on the following items:
Oppose: SB 0636 Communications; telecommunications; general amendments; provide for. Amends secs. 304, 310, 313, 315, 317, 320 & 502 of 1991 PA 179 (MCL 484.2304 et seq.).

Oppose: SB 0652 Courts; judges; court of claims; provide for certain number of court of appeals judges to serve as court of claims judges, and expand jurisdiction. Amends secs. 308, 841, 6404, 6407, 6410, 6413, 6419, 6421 & 8304 of 1961 PA 236 (MCL 600.308 et seq.) & repeals sec. 6419a of 1961 PA 236 (MCL 600.6419a).

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