Public Policy Update from the State Bar of Michigan
 
 
 

November 8, 2024
Volume 22, Issue 42

The State Bar of Michigan will be closed on Monday, November 11, in observance of Veterans Day.

At the Capitol

11/12 House Criminal Justice, 9:00 a.m. MORE 
Agenda: 
HB 4655 (Rep. Stephanie A. Young) Criminal procedure: bail; procedure for pretrial release determinations, criteria a court must consider for pretrial release determination, and reporting of data on pretrial release decisions; provide for.
SBM Position on HB 4655: Support.

HB 4656 (Rep. Kara Hope) Criminal procedure: bail; criteria a court must consider before imposing certain conditions of release and due process hearing related to pretrial detention; provide for.
SBM Position on HB 4656: Support.

HB 4658 (Rep. Tyrone Carter) Criminal procedure: bail; interim bail bonds for misdemeanors; modify.
SBM Position on HB 4658: Support bail/bond legislation that aligns with the recommendations of the Michigan Joint Task Force on Jail and Pretrial Incarceration.

HB 4659 (Rep. Stephanie A. Young) Criminal procedure: bail; act that provides bail for traffic offenses or misdemeanors; repeal.
SBM Position on HB 4659: Support bail/bond legislation that aligns with the recommendations of the Michigan Joint Task Force on Jail and Pretrial Incarceration.

HB 4660 (Rep. Luke Meerman) Traffic control: driver license; reference to surrendering license as condition of pretrial release and certain other references; amend to reflect changes in code of criminal procedure.
SBM Position on HB 4660: Support bail/bond legislation that aligns with the recommendations of the Michigan Joint Task Force on Jail and Pretrial Incarceration.

HB 4661 (Rep. Kristian Grant) Criminal procedure: bail; setting of bond related to spousal or child support arrearage; modify.
SBM Position on HB 4661: Support bail/bond legislation that aligns with the recommendations of the Michigan Joint Task Force on Jail and Pretrial Incarceration.

HB 5957 (Rep. Kara Hope) Criminal procedure: expunction; certain conditions allowing for setting aside convictions and certain implementation dates; amend.

HB 5958 (Rep. Graham Filler) Criminal procedure: expunction; certain conditions allowing for setting aside convictions and certain implementation dates; amend.

SB 657 (Sen. Dayna Polehanki) Animals: care and treatment; restitution for care and treatment of certain forfeited animals; impose penalties upon owner.
Animal Law Section Position on SB 657: Support.

SB 658 (Sen. Paul Wojno) Crimes: animals; restitution for care and treatment of certain forfeited animals; impose penalty on ownership of animal to person convicted of certain crimes against animal.
Animal Law Section Position on SB 658: Support

11/13 House Judiciary, 10:30 a.m. MORE
Agenda:
HB 5836 (Rep. Kelly Breen) Criminal procedure: expunction; criminal convictions that may be set aside on grounds of being a victim of human trafficking; expand.
HB 5837 (Rep. Matt Koleszar) Criminal procedure: defenses; affirmative defense that individual committed a crime because the individual was a victim of human trafficking; establish.
HB 5838 (Rep. Carol Glanville) Juveniles: criminal procedure; expunction of crimes resulting from being a victim of human trafficking; expand.
HB 5839 (Rep. Reggie Miller) Crimes: human trafficking; safe harbor protection for minors who are victims of sex and labor trafficking; modify certain requirements.
HB 5840 (Rep. John Fitzgerald) Criminal procedure: trial; qualifications of expert witnesses in human trafficking cases; modify.
HB 5841 (Rep. Mai Xiong) Crimes: prostitution; references to prostitute and prostitution; modify in the Michigan penal code.
HB 5842 (Rep. Tyrone Carter) Crimes: prostitution; references to prostitute and prostitution; modify in the DNA identification profiling system act.
HB 5843 (Rep. Angela Witwer) Crimes: prostitution; references to prostitute and prostitution; modify in the probate code of 1939.
HB 5844 (Rep. Jenn Hill) Crimes: prostitution; references to prostitute and prostitution; modify in the juvenile facilities act.
HB 5845 (Rep. Samantha Steckloff) Crimes: prostitution; references to prostitute and prostitution; modify in the youth rehabilitation services act.
HB 5846 (Rep. Kara Hope) Crimes: prostitution; references to prostitute and prostitution; modify in public health code.
HB 5847 (Rep. Douglas Wozniak) Crimes: prostitution; references to prostitute and prostitution; modify in the fourth class city act.
HB 5848 (Rep. Mike McFall) Crimes: prostitution; references to prostitution; modify in the Michigan Gaming Control and Revenue Act.
HB 5849 (Rep. Denise Mentzer) Crimes: prostitution; references to prostitute and prostitution; modify in the revised judicature act of 1961.
HB 5850 (Rep. Gina Johnsen) Crimes: prostitution; references to prostitute and prostitution; modify in the child care organizations act.
HB 5851 (Rep. Kimberly Edwards) Crimes: prostitution; references to prostitute and prostitution; modify in the child protection law.
HB 5852 (Rep. Pat Outman) Crimes: prostitution; references to prostitute and prostitution; modify in the human trafficking notification act.
HB 5853 (Rep. Laurie Pohutsky) Crimes: prostitution; references to prostitute and prostitution; modify in sex offender registration act.
HB 5854 (Rep. Veronica Paiz) Crimes: prostitution; references to prostitute and prostitution; modify in the Michigan liquor control code of 1998.
HB 5864 (Rep. Felicia Brabec) Crimes: prostitution; penalties for and references to prostitute and prostitution crimes in sentencing guidelines; amend.
SB 515 (Sen. Rosemary Bayer) Criminal procedure: evidence; admissibility of certain hearsay testimony in certain human trafficking and prostitution prosecutions; provide for.
SB 516 (Sen. Sue Shink) Criminal procedure: evidence; admissibility of evidence of other acts in certain human trafficking and prostitution prosecutions; provide for.
SB 517 (Sen. Stephanie Chang) Criminal procedure: evidence; use of truthful testimony, evidence, or other truthful information against certain witnesses; modify.
HB 5834 (Rep. Kelly Breen) Crimes: drugs; illicit use of xylazine; prohibit, and provide penalties.
HB 5835 (Rep. Kelly Breen) Criminal procedure: sentencing guidelines; sentencing guidelines for illicit use of xylazine; provide for.

At the Court

PUBLIC ADMINISTRATIVE HEARING
The Michigan Supreme Court will hold a public administrative hearing on November 20, 2024, beginning at 9:30 a.m. The agenda is available here.

RULE AMENDMENTS
ADM File No. 2021-05: Amendment of MCR 6.302
The amendment of MCR 6.302(C) requires a court, that states during a plea hearing that it will sentence the defendant to a specified term or within a specified range, to: (1) inform the defendant that the final sentencing guidelines range may differ from the original preliminary estimate, (2) advise the defendant regarding their right to withdraw the plea pursuant to MCR 6.310(B) if the final sentencing guidelines range as determined at sentencing is different, and (3) provide a numerically quantifiable sentence term or range when providing the preliminary estimate.
Issued: 11/6/24
Effective: 1/1/25

NEWS
Tuscola Judge, Westland Couple, Oakland County Adoptive Families to Be Celebrated on Adoption Day

Supreme Court Announces November Oral Argument Schedule

PROPOSED AMENDMENTS
ADM File No. 2022-19: Proposed Amendments of MRPC 1.15 and 1.15A and Proposed Additions of MRPC 1.15B and 1.15C
The proposed amendments of MRPC 1.15 and 1.15A and proposed additions of MRPC 1.15B and 1.15C reflect a revised proposal that would amend the rules governing IOLTA accounts to: modernize the rules, address gaps in the existing rules, and clarify attorneys’ ethical duties related to safekeeping client or third-person property and managing trust accounts. Many minor revisions were made to the original proposal in an effort to clarify terms or rule/comment language. More substantive revisions included in the current proposal are:

  • Proposed MRPC 1.15(a) and (e): revised to clarify that these subrules apply to property and funds.
    Proposed MRPC 1.15(c): revised as discussed in Justice Welch’s concurring statement.
  • Proposed MRPC 1.15(b): revised to clarify the reasons for which a lawyer may deposit or retain their own funds in a client trust account.
  • Proposed MRPC 1.15(f) and companion comment: added to the proposal to clarify prohibition on paying certain expenses from a client trust account.
  • Proposed MRPC 1.15B Comment: the original proposal contained a comment that addressed Recordkeeping. It has been removed and replaced with a comment that defines what “documentation” means for purposes of the rule.
  • Proposed MRPC 1.15C(e): revised to refer to MCR 9.113 in lieu of specific language that may overlap or conflict with that rule.

Issued: 11/6/24
Comment Period Expires: 3/1/25

At the Bar

November 22 Board of Commissioners Public Policy Agenda
The SBM Board of Commissioners will be considering several public policy items at its November 22 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
Fastcase to transition to new platform
The legal research tool Fastcase — offered as a free benefit to all members of the State Bar of Michigan — is transitioning to a new platform this month.

Links of Interest

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