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.

 SIGNED

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

 2020 PA 361 (SB 681, effective July 3, 2021) amends MCL 712A.18e and add MCL 712A.18t to expand eligibility for expungement for certain crimes committed when an individual was a minor and allows expungement after two years without application for certain crimes committed when an individual was a minor. The Governor signed the act on January 4, 2021.

Juvenile Case Records Made Confidential

 2020 PA 362 (SB 682, effective March 24, 2021) amends MCL 712A.28 to provide that records of juvenile cases would not be open and would only be opened on court order to a person having a legitimate interest in the records. The bill further defines “persons having a legitimate interest” in the records of a case. The Governor signed the act on January 4, 2021.

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

 2020 PAs 375-386 (HBs 5844, 5846-5857, effective various dates beginning March 24, 2021) amends 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 5853, effective October 1, 2021). The bills underlying the act were based on recommendations from the Michigan Joint Task Force on Jail and Pretrial Incarceration. The Governor signed the act on January 4, 2021.

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

 2020 PA 394 (SB 1047, effective April 1, 2021) amends MCL 764.9e and adds and amends other statutes to allow persons against whom bench or arrest warrants are issued to appear in court without execution of the warrant unless assaultive or domestic violence crimes are involved. The Governor signed the act on January 4, 2021.

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