September 2022
We offer, on a continuing basis, summaries of recently signed, recently passed, and important proposed state legislation as a supplement to our annual survey.
INTRODUCED
Protect Gun-Owner When Weapon Used in Crime by Another
HB 6350 would amend the Code of Criminal Procedure (MCL 760.1-777.69) by adding section 21d to chapter VIII to provide a complete defense to a gun owner whose weapon was used by another in a crime if it was legally obtained, legally owned, and properly stored. The bill was introduced in the House on August 17, 2022.
Set Requirements for Use of In-Custody Informants
HB 6356 would amend the Code of Criminal Procedure (MCL 760.1-777.69) by adding sections 32a-32h to chapter VIII to set requirements to ensure the reliability of in-custody informants used in criminal proceedings. The bill requires prosecutors to disclose to the defense in a timely manner before any trial or evidentiary hearing information relevant to the informant’s credibility including: any benefit that will be or has been extended to the informant; the substance, time, and place of any statement the defendant made to the informant; the substance, time, and place of any statement by the in-custody informant implicating the defendant; the informant’s complete criminal history; the in-custody informant’s testimony or statements in other criminal cases; and whether the informant modified or recanted the statement at any time. Unless waived, the court must hold a hearing assessing the credibility of the in-custody informant before trial or an evidentiary hearing, in which the prosecution must demonstrate by a preponderance of the evidence that the informant is credible and the statement or testimony is reliable. If the statement or testimony is allowed at trial, the court must instruct the jury, among other things, that the in-custody informant’s statement must be weighed with greater care than that of an ordinary witness. The bill was introduced in the House on August 17, 2022.
Protect Individuals Who Travel for Abortion from Prosecution
HB 6342 would amend the Code of Criminal Procedure by adding section 21d to chapter VIII to protect an individual who travels out of state for an abortion or an individual or entity that assists an individual who travels out of state for an abortion from prosecution. The bill was introduced in the House on July 20, 2022.
Empower SADO to Represent Indigent Juveniles
HB 6344 would amend various sections of Appellate Defender Act (MCL 780.712 et seq) to empower SADO to represent indigent juveniles in post-adjudication proceedings. The bill was introduced in the House on July 20, 2022.
Eliminate Application Fee to Set Aside Convictions
HB 6315 would amend MCL 780.621d to eliminate the $50 application fee to expunge a conviction that is currently required under the statute. The bill was introduced in the House on June 30, 2022.
by John Zevalking
Associate Editor
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