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I vote in favor of
the Committee Position on all of the Proposals. John
L. Livesay Port
Huron Committee Members: In the absence of a
quorum at Thursday’s Criminal Jurisprudence & Practice Committee
Meeting, we are requesting an e-vote. If you were unable to attend the meeting
on March 17, please vote on the positions listed below by Thursday, March 24. Your voting choices
are: A. Support the Committee Position B. Oppose the Committee Position C. Abstain from Voting 1. 2010-17 Proposed Amendment of Rule 3.707 of the
Michigan Court Rules This proposal,
submitted by the Michigan Judges Association, would clarify that the right to
bring a motion to modify or terminate a personal protection order as
established by MCR 3.707 applies to ex parte PPOs. Committee
Position: Support the proposal only if a good cause exception to modify or
terminate a Personal Protection Order, ex-parte or otherwise, is added to the
proposal. 2. 2008-28
- Proposed Amendment of Rule 6.005 of the Michigan Court Rules The proposed
amendment would revise MCR 6.005(H) to clarify that appointed defense counsel
in a criminal proceeding either must file a substantive response to a
prosecutor’s application for interlocutory appeal or notify the Court of
Appeals that the lawyer intends not to submit a pleading. Committee
Position: Oppose due to the lack of a funding mechanism for the payment of fees
for appellate work done by appointed trial counsel. 3. Prisoner Identification HB 4074 (O’Brien) Corrections;
prisoners; certain prisoner reentry programs, including issuance of identification
card and copies of other identifying documents; require, and require prisoners
to obtain certain records. Amends secs. 35, 37 & 67 of 1953 PA 232 (MCL 791.235 et seq.) &
adds sec. 34b. HB 4075 (Shirkey) State;
identification cards; forms of identification necessary to apply for a state
identification card; include corrections identification card and allow access
to certain department of corrections data. Amends sec. 1 of 1972 PA 222 (MCL 28.291). HB 4076 (Damrow) Traffic
control; driver license; forms of identification necessary to apply for driver
license; include corrections identification card. Amends sec. 307 of 1949 PA 300 (MCL 257.307). HB 4077 (Glardon) Criminal
procedure; sentencing; certain records necessary to obtain identification
documents; assist convicted persons in obtaining. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14). Committee Position: Support the proposed legislation. 4. HB 4164 (Oakes) Traffic
control; other; option of community service in lieu of payment of driver
responsibility fees for certain low-income individuals; provide. Amends sec.
732a of 1949 PA 300 (MCL 257.732a) & adds
sec. 732b. Committee
Position: Support in concept but remain opposed to the
driver responsibility fees. 5. HB 4261 (McMillin) Crime victims;
rights; names and addresses of minors who have been victims of child abuse or
sex crimes; allow to be exempted from disclosure under freedom of information
act. Amends sec. 13 of 1976 PA 442 (MCL 15.243). Committee
Position: Support the bill. 6. HB 4327 (Brunner)
Civil procedure; evidence; testimony of a vulnerable adult; allow to be
presented by videotape or closed-circuit television under certain
circumstances. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a). Committee
Position: Support in concept provided that two-way interactive technology
phrasing is used instead of video recording. 7. HB 4392 (Segal) Crimes; other;
court to defer prosecution of person less than 18 years convicted of
cyberbullying; allow under certain circumstances. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding
sec. 4b to ch. IX. Committee
Position: Support the legislation but oppose subsection
(4) providing for mandatory punishments. The committee feels that subsection
removes the judge’s discretion with the word “shall.” The
committee feels this “shall” should be changed to “may”
to keep the subsection in line with the rest of the bill. 8. HB 4403 ( Committee
Position: Support the legislation. Law Offices of: |