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Regarding items 1, and 3-8, I support the committee positions. Regarding item 2, I oppose the committee position. Angela
M. Povilaitis Wayne
County Assistant Prosecuting Attorney Special
Victim's Unit-Child Abuse 1441
St. Antoine, Room 1039 Detroit,
MIÂ 48226 (313)
967-2267 (office) (313)
213-0500 (cell) (313)
224-8080 (fax) From: Carrie Sharlow
[mailto:CSHARLOW@mail.michbar.org] Committee Members: In the absence of a quorum at
Thursdayâs 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 prosecutorâs 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
(OâBrien) 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.Â
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. Â 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 judgeâs
discretion with the word âshall.â The committee feels this âshallâ should be
changed to âmayâ to keep the subsection in line with the rest of the bill. 8. HB 4403 (Jackson)
Courts; juries; individuals who fail to return jury
questionnaires; ensure continued eligibility for jury service. Amends sec. 1313
of 1961 PA 236 (MCL 600.1313). Committee Position: Support the
legislation. 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 Email: csharlow@mail.michbar.org +-----------------------------------------------+
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