January, 2021
We offer, on
a continuing basis, summaries of recently signed, recently passed, and
important proposed state legislation as a supplement to our annual survey.
SORA Modified
2020 PA 295 (HB 5679, effective March 24, 2021) modifies 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
Governor signed the act on December 29, 2020.
Expungement for Crimes Committed as Minor Expanded
Juvenile Case Records Made Confidential
Driver’s License Suspensions Not Related to Public Safety, Jail Mandatory Minimums, and Jail for Certain Traffic Misdemeanors Eliminated
Use of Secure Juvenile Detention Facilities Limited
2020 PA 389 (SB 700, effective April 4, 2021) amends MCL 712A.1, MCL 712A.15, and MCL 712A.18 to limit the circumstances in which an adjudicated juvenile (or one awaiting adjudication) could be placed in a secure juvenile detention facility, the time in which a juvenile may serve in such a facility, and the procedures for placing a juvenile in such a facility. The Governor signed the act on January 4, 2021.
Officers Authorized to Issue Appearance Tickets In Lieu of Arrest
2020 PA 393 (SB 1046, effective April 1, 2021) amends 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 Governor signed the act on January 4, 2021.
Bench-Warrant Procedure to Allow Appearance Without Arrest Modified
Presumption for Non-Jail, Non-Probationary Sentences for Certain Misdemeanors Created
2020 PA 395 (SB 1048, effective March 24, 2021) amends MCL 769.5 and 769.34 to create a presumption that a person convicted of a non-serious misdemeanor will be sentenced with a fine, community service, or some other non-jail, non-probationary sanction; the presumption is rebuttable on certain specified grounds. The Governor signed the act on January 4, 2021.
HYTA Status Extended to Offenses Committed Before 26th Birthday
2020 PA 396 (SB 1049, effective March 24, 2021) amends MCL 762.11 to extend the time for eligibility for youthful trainee status to an individual’s twenty-sixth birthday. The Governor signed the act on January 4, 2021.
Felony Probation Limited to Three Years, Conditions Must Be Tailored to the Parolee/Probationer
2020 PA 397 (SB 1050, effective April 1, 2021) amends various sections of the Code of Criminal Procedure to, among other things, limit the term of probation for a felony conviction to three years (which can be extended by one year under certain conditions) and to require that conditions of probation imposed be tailored to the probationer. 2020 PA 398 makes similar changes to conditions of parole. The Governor signed the acts on January 4, 2021.
by John Zevalking
Associate Editor
Current Articles
- The CDRC Expands!
- Second Look: One path forward (Part 2 of 3)
- A message to trial judges (from the appellate courts)
- Does v Whitmer
- Is the failure to hold a probable cause conference a ticket to getting out of prison?
- SADO seeks summer interns
- SADO expands to unprecedented levels
- SADO and MAACS Attorneys to argue before MSC at October session
- Opinion: Judge used legal system to mistreat a child
- Changes coming to youth appellate defense
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