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November 6, 2023
Volume 21, Issue 42
At the Capitol
Legislation Introduced
Recently bills were introduced in the following areas of law:
Recent Legislative Action:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4416 (Estates & Protected Individuals Code, General Amendments) passed the House unanimously and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
Elder Law & Disability Rights Section Position on HB 4416: Support.
Probate & Estate Planning Section on HB 4416: Support with Recommended Amendments.
HB 4417 (Michigan Vehicle Code, Transfer of Ownership) passed the House unanimously and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
Elder Law & Disability Rights Section Position on HB 4417: Support.
Probate & Estate Planning Section on HB 4417: Support with Recommended Amendments.
HB 4418 (Michigan Uniform Transfers to Minors Act, Modify Amount of Transfer Allowed) passed the House unanimously and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
Elder Law & Disability Rights Section Position on HB 4418: Support.
Probate & Estate Planning Section on HB 4418: Support with Recommended Amendments.
HB 4419 (Natural Resources & Environmental Protection Act, Eligible for Issuance of Certificate of Title) passed the House unanimously and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
Elder Law & Disability Rights Section Position on HB 4419: Support.
Probate & Estate Planning Section 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 Senate on October 19 and was presented to the Governor for her signature on October 31. The bill was signed today, November 6.
SBM Position on HB 4421: Support HB 4421 with amendments to provide that a victim’s image must be blurred, and that blurring does not apply to contemporaneous streaming.
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 Senate on October 19 and was presented to the Governor for her signature on October 31. The bill was signed today, November 6.
SBM Position on HB 4423: Support.
HB 4516 (An Act To Provide For The Prevention And Treatment Of Domestic And Sexual Violence) passed the Senate on October 19 and was presented to the Governor for her signature on October 31.
Family Law Section Position on HB 4516: Support.
HB 4522 (Revised Judicature Act Of 1961, Family Treatment Court) passed the House 99 to 11 on October 31 and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
SBM Position on HB 4522: Support.
Children’s Law Section Position on HB 4522: Support with Amendments.
HB 4523 (Revised Judicature Act Of 1961, Violent Offender Eligibility For Mental Health Court) passed the House 68 to 41 on October 31 and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
SBM Position on HB 4523: Support.
HB 4524 (Revised Judicature Act Of 1961, Termination Procedure For Drug Treatment Courts) passed the House 68 to 42 on October 31 and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
SBM Position on HB 4524: Support.
HB 4525 (Revised Judicature Act Of 1961, Violent Offender Eligibility For Drug Treatment Courts) passed the House 76 to 36 on October 31 and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
SBM Position on HB 4525: Support.
The H-3 substitute of HB 4625 (Juvenile Diversion Act, Use Of Screening Tool For Minors Eligible For A Certain Diversion Option) was referred to the Senate Committee of the Whole on October 31.
SBM Position on HB 4625: Support.
The H-2 substitute of HB 4626 (Juvenile Diversion Act, Length Of Time Youth Can Be Placed On Precourt Diversion Program) was referred to the Senate Committee of the Whole on October 31.
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.
The H-2 substitute of HB 4628 (Probate Code Of 1939, Use Of Screening Tool For Minors Sought To Be Placed On The Consent Calendar) was referred to the Senate Committee of the Whole on October 31.
SBM Position on HB 4628: Support.
The H-2 substitute of HB 4629 (Probate Code Of 1939, Detention Of Juveniles In Certain Circumstances) was referred to the Senate Committee of the Whole on October 31.
SBM Position on HB 4629: Support with Amendments.
The H-3 substitute of HB 4630 (Michigan Indigent Defense Commission Act, Expand Duties To Include Indigent Defense Of Youth) was referred to the Senate Committee of the Whole on October 31.
SBM Position on HB 4630: Support.
The H-2 substitute of HB 4636 (Revised Judicature Act Of 1961, Late Fee For Juveniles) was referred to the Senate Committee of the Whole on October 31.
SBM Position on HB 4636: Support.
The H-2 substitute of HB 4637 (The Code Of Criminal Procedure, Juvenile Sentenced As Adult Fee) was referred to the Senate Committee of the Whole on October 31.
SBM Position on HB 4637: Support.
HB 4850 (Revised Judicature Act Of 1961, Exemption From Jury Service For Certain Military Personnel) was reported out of the Senate Committee on Veterans & Emergency Services without amendment on November 2.
SBM Position on HB 4850: Support.
The H-1 substitute of HB 5046 (Revised Judicature Act Of 1961, Fees For Transcripts) passed the House 104 to 6 on November 1.
Negligence Law Section Position on HB 5046: Support.
SB 410 (Revised Judicature Act Of 1961, Limitation On Liability For Drugs) was reported out of the House Committee on Judiciary without amendment on November 1.
Negligence Law Section Position on SB 410: Support.
At the Court
NEWS
The Supreme Court will hold a public administrative hearing on November 15, 2023. Details can be found here.
Data Points Out ‘Legal Deserts’ in Michigan
Supreme Court Hears Arguments Before Flint-area High School Students
Proposed Amendments
ADM File No. 2022-30: Proposed Amendments of MRE 702 and 804
The proposed amendment of MRE 702 would require the proponent of an expert witness’s testimony to demonstrate that it is more likely than not that the factors for admission are satisfied and would clarify that it is the expert’s opinion that must reflect a reliable application of principles and methods to the facts of the case. The proposed amendment of MRE 804 would require corroborating circumstances of trustworthiness for any statement against interest that exposes a declarant to criminal liability.
Issued: 10/25/23
Comment Period Expires: 2/1/24
ADM File No. 2022-45: Proposed Amendment of MCR 9.131
The proposed amendment of MCR 9.131 would require that the Supreme Court review requests for investigations involving allegations of attorney misconduct in instances where the Attorney Grievance Commission (AGC) administrator determines that an appearance of impropriety would arise if the AGC handled the investigation.
Issued: 10/25/23
Comment Period Expires: 2/1/24
Rule Amendments
ADM File No. 2019-33: Rescission of Administrative Order No. 2021-7 and Adoption of the Michigan Continuing Judicial Education Rules
The Michigan Continuing Judicial Education Rules govern the mandatory continuing judicial education (MCJE) program and replace Administrative Order No. 2021-7.
Issued: 11/1/23
Effective: 1/1/24
Appointments
ADM File No. 2023-01: Appointment of Chief Judges of the 10th Circuit Court and the 70th District Court
Issued: 10/25/23
Effective: Immediately
ADM File No. 2023-01: Appointment of Chief Judge of the 89th District Court
Issued: 10/25/23
Effective: Immediately
At the Bar
November 17 Board of Commissioners Public Policy Agenda
The SBM Board of Commissioners will be considering several public policy items at its November 17 meeting. The public policy agenda can be reviewed online. Members of the State Bar are invited to submit comments to the Board of Commissioners on any of the items on the agenda. All comments received before the meeting will be shared with the Board.
NEWS
License Renewal Deadline for Michigan Attorneys is November 30
The deadline for the 2023-2024 law license renewal process is fast approaching.
SBM Members to Receive Special Rate at ABA TECHSHOW 2024
The annual TECHSHOW returns to the Hyatt Regency Chicago February 14–17, 2024.
Judicial Vacancy—78th District Court, Newaygo County
Applications must be submitted electronically and received by 5:00 p.m. on Friday, November 17, 2023.
Michigan Treasury to host Garnishment Day Nov. 1, 2023
The Michigan Department of Treasury is again hosting Garnishment Day on November 1 for those wishing to file writs of garnishment.
Links of Interest
SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines
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