June 12, 2023
Volume 21, Issue 24

The State Bar of Michigan will be closed on Monday, June 19, in observance of Juneteenth.

In the Capitol

6/13 House Criminal Justice, 9:00 a.m. MORE
Agenda:
HB 4474 (Rep. Noah Arbit) Crime victims: other; elements for commission of a hate crime; create.
HB 4475 (Rep. Kristian Grant) Criminal procedure: sentencing guidelines; sentencing guidelines for the commission of a hate crime; provide for.
HB 4476 (Rep. Noah Arbit) Crimes: malicious destruction; crime of institutional desecration; create.
HB 4477 (Rep. Ranjeev Puri) Criminal procedure: sentencing guidelines; sentencing guidelines for crime of institutional desecration; provide for.
HB 4520 (Rep. Mike Mueller) Crimes: assaultive; penalties for certain kinds of assault; modify.
HB 4521 (Rep. Kelly Breen) Crimes: assaultive; penalties for certain kinds of assault; modify.
SB 66 (Sen. Stephanie Chang) Education: students; information regarding sexual assault and harassment; require schools to provide to students and encourage related professional development.
SB 67 (Sen. Dan Lauwers) Crimes: criminal sexual conduct; sexual contact and sexual penetration under pretext of medical treatment; prohibit, and provide penalties.
SB 68 (Sen. Erika Geiss) Criminal procedure: sentencing guidelines; sentencing guidelines for sexual contact or sexual penetration under pretext of medical treatment; modify.
SB 73 (Sen. Sue Shink) Civil rights: public records; identity of parties proceeding anonymously in civil actions alleging sexual misconduct; exempt from disclosure under freedom of information act.
SBM Position on SB 73: Support.

6/13 Senate Civil Rights, Judiciary & Public Safety, 9:00 a.m. MORE
Agenda:
HB 4120 (Rep. Julie M. Rogers) Children: protection; distribution of training package to individuals designated as mandatory reporters for child abuse or child neglect; require.
Family Law Section Position on HB 4120: Support.
HB 4121 (Rep. Kelly Breen) Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for.
HB 4122 (Rep. Kara Hope) Health occupations: health professionals; permanent revocation of license or registration if convicted of sexual conduct under pretext of medical treatment; provide for.
HB 4123 (Rep. Graham Filler) Crimes: other; preventing reporting of crime; prohibit by use of position of authority.
HB 4124 (Rep. Carol Glanville) Crimes: other; preventing reporting of certain alleged crimes to title IX coordinator by use of position of authority; prohibit.
HB 4125 (Rep. Carrie Rheingans) Education: discipline; certain actions regarding pupil who reports being sexually assaulted; require, and prohibit pupil from being expelled for reported incident.
SB 376 (Sen. Stephanie Chang) Criminal procedure: sentencing; criminal justice policy commission; create.
SBM Position on SB 376: Support with Amendments.
SB 377 (Sen. Edward McBroom) Criminal procedure: sentencing; duties of the Michigan sentencing commission; provide for.
SBM Position on SB 377: Support with Amendments.

Complete Committee Meeting List

Recent Legislative Action:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4120 (Child Protection Law, Distribution Of Training Package To Individuals Designated As Mandatory Reporters For Child Abuse) passed the House 102 to 5 and was referred to the Senate Committee on Civil Rights, Judiciary & Public Safety on May 24, 2023.
Family Law Section Position on HB 4120: Support.

HB 4173 (The Code of Criminal Procedure, Criminal Justice Policy Commission) was reported out of House Committee on Criminal Justice at Substitute H-2 on June 6.
SBM Position on HB 4173: Support with Amendments.
Criminal Law Section Position on HB 4173: Support with Recommended Amendments.

HB 4384 (The Code Of Criminal Procedure, Duties Of The Michigan Sentencing Commission) was reported out of House Committee on Criminal Justice at Substitute H-2 on June 6.
SBM Position on HB 4384: Support with Amendments.

HB 4416 (Estates & Protected Individuals Code, General Amendments) was reported out of House Committee on Judiciary without amendment on June 7.
Elder Law & Disability Rights Section Position on HB 4416: Support.
Probate & Estate Planning Section Position on HB 4416: Support with Recommended Amendments.

HB 4417 (Michigan Vehicle Code, Transfer of Ownership) was reported out of House Committee on Judiciary without amendment on June 7.
Elder Law & Disability Rights Section Position on HB 4417: Support.
Probate & Estate Planning Section Position on HB 4417: Support with Recommended Amendments.

HB 4418 (Michigan Uniform Transfers to Minors Act, Modify Amount of Transfer Allowed) was reported out of House Committee on Judiciary without amendment on June 7.
Elder Law & Disability Rights Section Position on HB 4418: Support.
Probate & Estate Planning Section Position on HB 4418: Support with Recommended Amendments.

HB 4419 (Natural Resources & Environmental Protection Act, Eligible for Issuance of Certificate of Title) was reported out of House Committee on Judiciary without amendment on June 7.
Elder Law & Disability Rights Section Position on HB 4419: Support.
Probate & Estate Planning Section Position on HB 4419: Support with Recommended Amendments.

HB 4421 (William Van Regenmorter Crime Victim's Rights Act, Certain Public Video Recordings Of Court Proceedings) passed the House 105 to 1 and was referred to the Senate Committee on Civil Rights, Judiciary & Public Safety on June 7, 2023.
SBM Position on HB 4421: Support with Amendments.
Criminal Law Section Position on HB 4421: Support with Recommended Amendments.

HB 4423 (William Van Regenmorter Crime Victim's Rights Act, Victim Impact Statements) passed the House 105 to 1 and was referred to the Senate Committee on Civil Rights, Judiciary & Public Safety on June 7, 2023.
SBM Position on HB 4423: Support.

HB 4516 (An Act To Provide For The Prevention And Treatment Of Domestic And Sexual Violence) passed the House 105 to 3 and was referred to the Senate Committee on Civil Rights, Judiciary & Public Safety on June 7, 2023.
Family Law Section Position on HB 4516: Support.

HB 4523 (Revised Judicature Act Of 1961, Violent Offender Eligibility For Mental Health Court) was reported out of the House Committee on Judiciary as substitute H-1 on June 7.
SBM Position on HB 4523: Support.

HB 4524 (Revised Judicature Act Of 1961, Termination Procedure For Drug Treatment Courts) was reported out of the House Committee on Judiciary without amendment on June 7.
SBM Position on HB 4524: Support.

HB 4525 (Revised Judicature Act Of 1961, Violent Offender Eligibility For Drug Treatment Courts) was reported out of the House Committee on Judiciary as substitute H-1 on June 7.
SBM Position on HB 4525: Support.

SB 134 (Revised Judicature Act Of 1961, Specialty Court Authorization To Issue A Restricted License Requiring An Ignition Interlock Device) passed the Senate 38 to 0 on June 8. It was referred to the House Committee on Criminal Justice.
SBM Position on SB 134: Support.
Criminal Law Section Position on SB 134: Support.

SB 135 (Michigan Vehicle Code, Issuance Of A Restricted License Requiring The Installation Of Ignition Interlock Device And Specialty Court Admission) passed the Senate 38 to 0 on June 8. It was referred to the House Committee on Transportation, Mobility and Infrastructure
SBM Position on SB 135: Support.
Criminal Law Section Position on SB 135: Support.

At the Court

RULE AMENDMENT
ADM File No. 2022-16: Amendment of MCR 7.211
The amendment of MCR 7.211 modifies the Court of Appeals’ process for handling confessions of error by requiring the confession of error to be submitted to the Court of Appeals for a decision, not just one judge. It also requires the Court of Appeals to state its reason(s) for approving or rejecting the confession of error.
Issued: 6/7/23
Effective: 9/1/23

PROPOSED RULE AMENDMENT
ADM File No. 2017-28: Proposed Amendments of MCR 1.109, 5.302, and 8.108
The proposed amendments of MCR 1.109, 5.302, and 8.108 would provide clear direction on the process for protecting personal identifying information in transcripts, wills, and death certificates.
Issued: 6/7/23
Comment Period Expires: 10/1/23

At the Bar

The Board of Commissioners met on June 9, 2023 at which time the State Bar of Michigan adopted the following public policy positions:
ADM File No. 2020-31: Proposed Amendment of MRPC 1.8
The proposed amendment of MRPC 1.8 would allow attorneys to provide certain assistance to indigent clients they are serving on a pro bono basis.
SBM Position: Support the proposed amendment to MPRC 1.8 in concept, but not as currently drafted. SBM supports its humanitarian exception proposal as submitted to the Court previously.

ADM File No. 2021-10: Proposed Amendment of the Michigan Rules of Evidence
The proposed amendments of the Michigan Rules of Evidence (MRE) reflect the work of the Michigan Rules of Evidence Committee established by Administrative Order No. 2021-8. The Committee was tasked with restyling the MREs in an effort to remain as consistent as possible with the 2011 restyling of the Federal Rules of Evidence. Major reorganization of the rules appears in MRE 803 and MRE 804 where the residual exceptions found in both rules are moved into a new MRE 807, and in MRE 804 where the exception regarding deposition testimony is moved up from subrule (b)(5) to proposed subrule (b)(2).
SBM Position: Support the amendments of the Michigan Rules of Evidence with a recommendation that the Court add language stating explicitly that the amendments are stylistic, not substantive, changes; and further recommend that the Court reestablish a Standing Committee on Rules of Evidence.

ADM File No. 2023-06: Amendments of MCR 6.001 and 8.119 and Addition of MCR 6.451 with concurrent comment period
The amendment of MCR 8.119 requires courts to restrict access to case records involving set aside convictions similar to how MCL 780.623 restricts access to records maintained by the Michigan State Police. The amendment further requires the court to redact information regarding any conviction that has been set aside before that record is made available. The addition of MCR 6.451 requires the court to provide notice and an opportunity to be heard before reinstating a conviction for failure to make a good faith effort to pay restitution under MCL 780.621h(3) and to order the reinstatement on an SCAO-approved form. The amendment of MCR 6.001 clarifies that MCR 6.451 applies to cases cognizable in the district courts.
SBM Position: Support.

ADM File No. 2023-06: Proposed Amendments of MCR 6.110 and 8.119
The proposed amendment of MCR 8.119 would require all case records maintained by the district court to become nonpublic immediately after bindover to the circuit court. This proposal would also amend MCR 6.110(G) to expand the types of documents that must be transmitted to the circuit court to ensure appropriate public access in the circuit court. The proposal would consolidate public access in the circuit court case file and would also uniformly ensure that information regarding set aside criminal offenses in the circuit court cannot be separately accessed in the district court case file.
SBM Position: Support the proposed amendments to Rule 6.110 and oppose the proposed amendments to Rule 8.119; recommend that the amendment to Rule 8.119 should be rewritten more narrowly for the purpose of ensuring that the public cannot access case records held by district courts related to convictions that have been subsequently set aside, and not in a manner that encompasses all district court case records.

HB 4421 (Young) Civil procedure: other; certain public video recordings of court proceedings; allow the victims' faces to be blurred. Amends secs. 8, 38 & 68 of 1985 PA 87 (MCL 780.758 et seq.).
SBM Position: Support HB 4421 with amendments to provide that a victim’s image must be blurred, and that blurring does not apply to contemporaneous streaming.

SB 0248 (Lauwers) Courts: other; age requirement for the use of a courtroom support dog; modify. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).
SBM Position: Support.
(Position adopted after non-unanimous vote. Commissioners voting in support of the position: Anderson, Bennett, Bryant, Burrell, Christenson, Clement, Cripps, Gant, Hamameh, Heath, Howlett, Larsen, Low, Mantese, Mason, Murray, Newman, Quick, Reiser, Simmons, Simpson, Walton, Washington. Commissioner voting in opposition of the position: Bilowus, Easterly, McGill, Ohanesian, Potts.)

SB 0257 (Runestad) Civil procedure: other; video recordings of court proceedings; provide for availability and review. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1429.
SBM Position: Oppose. The Board strongly supports courtroom transparency, but believes that this issue is properly addressed by the Court, not the Legislature. SBM stands ready to partner with the Court to develop an appropriate, uniform rule governing access to court recordings.

NEWS

Voting ends June 15 in SBM election
Voting ends in the State Bar of Michigan election at 11:59 p.m. ET on Thursday, June 15, 2023.

Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines