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June 16, 2023
Volume 21, Issue 25
The State Bar of Michigan will be closed on Monday, June 19, in observance of Juneteenth.
In the Capitol
6/20 House Criminal Justice, 9:00 a.m. MORE
Agenda:
HB 4624 (Rep. Christine Morse) Human services: children's services; county child care fund reimbursement rate; increase.
SBM Position on HB 4624: Support.
HB 4625 (Rep. Brenda Carter) Juveniles: criminal procedure; use of screening tool for minors eligible for a certain diversion option; require.
SBM Position on HB 4625: Support.
HB 4626 (Rep. Kara Hope) Juveniles: other; length of time youth can be placed on precourt diversion program; limit.
SBM Position on HB 4626: Support with amendment to eliminate the possibility of restitution being used to exclude eligibility for pre-court diversion and the consent calendar, and to provide adequate criteria for determining when diversion should be extended beyond 3 months.
HB 4627 (Rep. Penelope Tsernoglou) Courts: family division; use of risk and needs assessment for juveniles in the juvenile justice system before disposition; require.
SBM Position on HB 4627: Support.
HB 4628 (Rep. Felicia Brabec) Courts: family division; use of screening tool for minors sought to be placed on the consent calendar; require.
SBM Position on HB 4628: Support.
HB 4629 (Rep. Amos O'Neal) Juveniles: other; detention of juveniles in certain circumstances; modify.
SBM Position on HB 4629: Support with an amendment, consistent with the Board’s position on the underlying Task Force recommendation, that: “Any statements, admissions, confessions, or incriminating evidence obtained from a minor in the course of a screening under this section are not admissible into evidence in any adjudicatory hearing in which the minor is accused and are not subject to subpoena or any other court purpose for use in any other proceeding or for any other purpose.”
HB 4630 (Rep. Sarah Lightner) Courts: other; Michigan indigent defense commission act; expand duties to include indigent defense of youth.
SBM Position on HB 4630: Support.
HB 4631 (Rep. Sarah Lightner) Courts: other; duties of the appellate defender; include requirement to defend youth.
SBM Position on HB 4631: Support with following amendments: Add a new subsection (d) to Section 1a, defining “local contribution” in a manner that incorporates proposed new language in the MIDC Act addressing annually compounding inflationary increases to local costs: (d) "Local contribution" means an indigent defense system’s average annual expenditure for attorney fees and expenses during the first 3 full fiscal years in which the system has complied with the standard procedure established under subsection 8a(2), excluding expenditures reimbursed under subsection 8a(4). If the Consumer Price Index has increased since November 1 of the prior state fiscal year, the local contribution must be adjusted and compounded annually by that number or 3%, whichever is less. Revise Section 8a with reference to the newly defined “local contribution” as follows: (4) Subject to appropriation, if an indigent defense system provides payment to locally appointed private counsel under subsection (2) pursuant to the rates and policies established under subsection (3), the state shall reimburse the system for 1/2 of the cost expenditures to the system. After a system has complied with subsection (2) for 3 full fiscal years, the state shall reimburse the system for all costs expenditures exceeding 1/2 of the system’s average annual pre-reimbursement cost during its first 3 years of compliance the system’s local contribution. It is the intent of the legislature to fully fund this reimbursement.
HB 4632 (Rep. Mike Mueller) Juveniles: juvenile justice services; juvenile justice residential per diem rates; modify.
HB 4633 (Rep. Kelly Breen) Juveniles: other; factors in designating or waiving certain juvenile cases; require the court to consider, and place certain limits on consent calendar plans.
SBM Position on HB 4633: Oppose.
HB 4634 (Rep. Kara Hope) Juveniles: other; juvenile fines, fees, and costs; eliminate.
SBM Position on HB 4634: Support.
HB 4635 (Rep. Joey Andrews) Juveniles: other; DNA fine for juveniles; eliminate.
SBM Position on HB 4635: Support.
HB 4636 (Rep. Emily Dievendorf) Juveniles: other; late fee for juveniles; eliminate.
SBM Position on HB 4636: Support.
HB 4637 (Rep. Carol Glanville) Juveniles: other; juvenile sentenced as adult fee; eliminate.
SBM Position on HB 4637: Support.
HB 4638 (Rep. Jason Hoskins) Children: services; powers and duties of the child advocate; modify.
HB 4639 (Rep. Kimberly Edwards) Children: services; reference to children's ombudsman in social welfare act; amend to child advocate.
HB 4640 (Rep. Jimmie Wilson) Children: services; reference to “children’s ombudsman” in the probate code of 1939; amend to “child advocate”.
HB 4641 (Rep. Noah Arbit) Children: services; reference to “children’s ombudsman” in 1973 PA 116; amend to “child advocate”.
HB 4642 (Rep. Kristian Grant) Children: services; reference to “children’s ombudsman” in the child protection law; amend to “child advocate”.
HB 4643 (Rep. Donavan McKinney) Children: services; reference to “children’s ombudsman” in the foster care and adoption services act; amend to “child advocate”.
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.
Presentation from the Michigan Association of Chiefs of Police.
6/20 Senate Civil Rights, Judiciary & Public Safety, 12:30 p.m. MORE
Agenda:
SB 209 (Sen. Sarah Anthony) Family law: marriage and divorce; minimum entered into by a person under 18 years of age; void.
Family Law Section Position on SB 209: Support.
SB 210 (Sen. Sarah Anthony) Family law: marriage and divorce; minimum age of consent for marriage; establish at 18.
Family Law Section Position on SB 210: Support.
SB 211 (Sen. Sylvia Santana) Family law: marriage and divorce; minimum without publicity for persons under 18 years of age; prohibit.
Family Law Section Position on SB 211: Support.
SB 212 (Sen. Veronica Klinefelt) Probate: other; references to a “married minor” in the estates and protected individuals code; eliminate.
Family Law Section Position on SB 212:Support.
SB 213 (Sen. Rosemary Bayer) Family law: marriage and divorce; right for emancipated minor to marry; revoke.
Probate & Estate Planning Section Position on SB 213: Oppose as Introduced.
SB 214 (Sen. Ruth Johnson) Family law: marriage and divorce; action to annul a marriage based on legal age of consent; modify.
SB 215 (Sen. Mark Huizenga) Children: other; marriage license as documentation of emancipation; prohibit.
SB 216 (Sen. Erika Geiss) Children: other; reference to marriage of minor child in safe families for children act; remove.
SB 217 (Sen. Sarah Anthony) Crimes: criminal sexual conduct; references to married minors in the Michigan penal code; modify.
SB 246 (Sen. Roger Victory) Children: other; certain obligations of minor children released upon marriage; clarify.
Family Law Section Position on SB 246: Support
6/21 House Judiciary, 10:30 a.m. MORE
Agenda:
HB 4644 (Rep. Kara Hope) Probate: powers of attorney; uniform power of attorney act; create.
Elder Law & Disability Rights Section Position on HB 4644.
HB 4645 (Rep. Jim Haadsma) Probate: powers of attorney; reference to powers of attorney in natural resources and environmental protection act; revise to reflect adoption of uniform power of attorney act.
HB 4646 (Rep. Jim Haadsma) Probate: powers of attorney; reference to powers of attorney in public health code; revise to reflect adoption of uniform power of attorney act.
HB 4738 (Rep. Kelly Breen) Criminal procedure: witnesses; confidentiality of certain information of a witness; require prosecuting attorney to maintain, and provide for disclosure in certain circumstances.
HB 4739 (Rep. Denise Mentzer) Crime victims: rights; practice of redacting victim’s contact information; codify.
HB 4690 (Rep. Betsy Coffia) Crimes: intoxication or impairment; notice of a defendant's right to secular substance abuse disorder treatment; modify.
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 4173 (The Code of Criminal Procedure, Criminal Justice Policy Commission) passed the House 56 to 53 on June 14.
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) passed the House 56 to 53 on June 14.
SBM Position on HB 4384: Support with Amendments.
SB 248 (Revised Judicature Act of 1961, Age Requirement For The Use Of A Courtroom Support Dog) passed the Senate unanimously on June 14.
SBM Position on SB 248: Support.
Legislation Introduced 06/06-06/15
Last week bills were introduced in the following areas of law:
At the Bar
NEWS
Join our virtual seminar "Billing 101 With Tech" August 2
Learn how to be more tech-savvy with billing by joining the Practice Management Resource Center's virtual seminar "Billing 101 With Tech" 2-3 p.m. on August 2 via Zoom.
Meeting spaces now available at the State Bar of Michigan
The State Bar of Michigan offers a variety of meeting spaces for use by members.
Join us for 14th Annual State Bar of Michigan’s Young Lawyers Summit
The Young Lawyers Section will host its 14th Annual Summit from 8:30 a.m. to 6:00 p.m. on June 24, 2023.
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
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