December, 2020

We offer, on a continuing basis, summaries of recently signed, recently passed, and important proposed state legislation as a supplement to our annual survey.  


Modify SORA

HB 5679 (Senate Concurred, S-1) would modify the Sex Offender Registration Act to, among other changes, remove the prohibitions related to school zones; require reporting of email addresses only for persons required to register under the Act after July 1, 2011; and require the Michigan State Police to remove persons whose convictions have been set aside or expunged from the registry. The concurred bill was passed on December 16, 2020. 

Create Child Abuse Offenders Registry

SB 289 and related bills would create the Child Abuse Offenders Registry, require certain child abuse offenders to register, create the requirements and procedures for registration, and create penalties for failure to register. The Senate passed the bill on December 10, 2020. 

Eliminate Driver’s License Suspensions Not Related to Public Safety, Jail Mandatory Minimums, and Jail for Certain Traffic Misdemeanors

HBs 5844, 5846-5857 would amend various statutes to eliminate certain driver’s license suspensions that are not related to public safety (HBs 5846-HB 5852), jail mandatory minimums (HBs 5844, 5854-5857), and jail incarceration as an option for certain traffic misdemeanors (HB 5833). The bills were based on recommendations from the Michigan Joint Task Force on Jail and Pretrial Incarceration. The Senate passed the bills on December 10, 2020, and the House concurred in the Senate-passed bill on December 15, 2020. 

Allow Set-Aside of First OWI Offense

SB 1254 would amend MCL 780.761c to allow a person to apply to have a first conviction for operating while intoxicated set aside (expunged) in certain circumstances. The House passed the bill on December 17, 2020, and the Senate concurred in the House-passed bill on December 18, 2020.

Authorize Officers to Issue Appearance Tickets In Lieu of Arrest

SB 1046 would amend MCL 764.9c and 764.9f to require officers to issue an appearance ticket and release an individual in lieu of arrest for certain misdemeanor offenses or ordinance violations unless certain specified conditions justifying arrest apply. The House passed the bill on December 17, 2020, and the Senate concurred in the House-passed bill on December 18, 2020. 


Require Parent/Guardian Consent
to Question Minor
SB 1238 would require a law enforcement officer to obtain the consent of a parent or guardian before questioning a minor or a person the officer has reason to believe is a minor; it would also require a law enforcement agency to create policies to comply with this requirement. The bill was introduced in the Senate on December 3, 2020. 

Provide Set-Aside Information at Sentencing

HB 6469 would add a statute to the Code of Criminal Procedure to require a court to provide information to a criminal defendant at the time of sentencing regarding eligibility and procedure for set-aside of the offenses. The bill was introduced in the House on December 2, 2020. 

by John Zevalking
Associate Editor