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RE: PLEASE RESPOND: E-Vote Requested for Criminal Jurisprudence & Practice Committee



Haytham, just for confirmation, you oppose HB 5661 and the committee opposes HB 5661, so you support the committee's position, correct? 

>>> "Haytham Faraj" <haytham@puckettfaraj.com> 4/22/2010 5:17 PM >>>

I opposed HB 5661.

Although I am generally in support of a victimâs compensation fund, I read nothing in the legislation about restricting the use of assessments collected to compensate crime victims.  Additionally, I find probation conditioned on the payment of an assessment, unjust, illogical and, arguably, wasteful of tax payer money.  Probation should only be granted to offenders who are likely to abide by the restrictions of their probation.  I donât see how money advance or detracts from oneâs ability to qualify for probation.  If someone qualifies for probation but canât pay the assessment, will he or she continue to be confined when release costs the tax payers nothing?  For the above reasonâs I oppose the legislation.

 

I support the other two motions.

 

Best

Haytham

 


--- On Wed, 4/21/10, Carrie Sharlow <CSHARLOW@mail.michbar.org> wrote:


From: Carrie Sharlow <CSHARLOW@mail.michbar.org>
Subject: PLEASE RESPOND: E-Vote Requested fro Criminal Jurisprudence & Practice Committee
To: "Thomas Rombach" <tomrombach@aol.com>, "Patrick O'Connell" <pmoconn@attglobal.net>, "Michael Gordner" <mgordnerlaw@bellnet.ca>, "John Boufford" <john@bouffordlaw.com>, "Richmond Riggs" <rriggs@co.genesee.mi.us>, "Abed Hammoud" <ahammoud@co.wayne.mi.us>, "Angela Povilaitis" <apovila@co.wayne.mi.us>, "Julie Powell" <jpowell1@co.wayne.mi.us>, "Donna McKneelen" <mckneeld@cooley.edu>, "Samuel Smith" <smiths@courts.mi.gov>, "Daniel Grano" <dgrano@floodlawcenter.com>, "John Livesay" <livesayj48@gmail.com>, "Kimberley Thompson" <kdrr@hotmail.com>, "Hon. David Hoort" <dhoort@ioniacounty.org>, "Erika Julien" <esjulien@julienlaw.com>, "Gretchen Schlaff" <gretchen.schlaff@macombcountymi.gov>, "James Heath" <heathj@michigan.gov>, "Haytham Faraj" <haytham@puckettfaraj.com>, "J. McKay" <jmckay@shiawassee.net>, "Adam Mittman" <miattorney@tds.net>, "Timothy Havis" <hlopllc@yahoo.com>, "John Jarema" <johnajarema@yahoo.com>
Date: Wednesday, April 21, 2010, 11:15 AM

Committee Members:

 

Due to our inability to reach a quorum for Fridayâs meeting of the Criminal Jurisprudence & Practice Committee, we are requesting a e-vote on motions made and supported at this meeting.

 

All voting members are asked to vote on each item and make any comments, by 12 noon on Monday, April 26, 2010.  This process requires a majority vote of a quorum of the committeeâs membership, meaning that at least 10 members must vote. Please send your votes by hitting reply all. 

 

We request that if a member votes against the motion on the floor, that individual might also submit a rationale for the dissenting vote.  The committee can then decide if further discussion and an amending motion are needed.

 

Position Recommended for Assessments of Criminals Bill HB 5661:

Oppose the proposed legislation due to the committee foreseeing unintended consequences.

(1)       Support the position

(2)       Oppose the position

 

Position Recommended for Destruction of Fingerprint Records Bill HB 5995:

Support and amend the proposed legislation. 

The committee supports the bill with an amendment allowing for the destruction of a juvenileâs fingerprints and arrest card if there is a legally authorized dismissal, with a non-public, law enforcement exception for the retention of the juvenileâs fingerprints and arrest card for any assaultive, criminal sexual conduct, delivery of a controlled substance or for an offense which would constitute a felony if committed by an adult. 

The committee requests amendment to move Line 20 from Page 5 âSection 2(a)(1) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712a.2, or has had his or her alleged juvenile offense dismissed after successfully completing a period of probation.â as a new section 9(g).

 

(1)       Support the position

(2)       Oppose the position

 

Position Recommended for ADM File No. 2010-08 Proposal to Rescind Administrative Order No. 2003-7 and Adopt Administrative Order No. 2010-X (Caseflow Management Guidelines):

Support the proposed amendments.

(1)       Support the position

(2)       Oppose the position

 

If you have any questions or concerns, please contact me. Thank you for your cooperation.

 


Carrie Sharlow

Administrative Assistant

Governmental Relations

State Bar of Michigan

Michael Franck Building

306 Townsend St., Lansing, MI  48933

Phone: 517/346-6317   Fax: 517/482-6248

 

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Consider the environment before printing.

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