Michigan Criminal Law Legislation in 2010

The following is an outline of Michigan Criminal Law Legislation in the year of 2010;

I. New Crimes and Penalties

A. Alcohol.

1. Beer Kegs. 2010 PA 344. Effective Dec. 21, 2010. Requires sold beer kegs to have an identification tag that allows the keg to be traced to the purchaser. It is a misdemeanor, punishable by up to 93 days in jail, a $500 fine, or both, to do any of the following;

a. Remove an identification tag from a beer keg. MCL 436.2030(5)(b)(i).

b. Allow the removal of the identification tag from a beer keg purchased by that individual. MCL 436.2030(5)(b)(ii).

c. Provide false information in the purchase of a beer keg. MCL 436.2030(5)(b)(iii).

2. Delivery to minors. 2010 PA 266-267. Effective June 30, 2011. Requires a 180 day suspension of the operator’s license of a person convicted for the second time of delivering alcohol to minors. These penalties only apply to defendants who are licensed by the liquor control commission, or who are agents of the licensees. MCL 257.319; MCL 436.1701.

3. Illegal Sale. 2010 PA 175 & 176. Effective Sept. 30, 2010. Creates new penalties for the illegal sale, delivery, or importation of alcohol.

1. If the amount involved is 80,000 milliliters or more it is a felony, punishable by up to 4 years in prison, a $5,000 fine, or both. MCL 436.1909(4)(a). It is an E felony under the sentencing guidelines. MCL 777.14f.

2. If the amount involved is 8,000 to 80,000 milliliters it is a misdemeanor, punishable by up to 93 days in jail, a $2,500 fine, or both. MCL 436.1909(4)(b).

3. If the amount involved is less than 8,000 milliliters, it is a civil infraction, punishable by a $1,000 fine. MCL 436.1909(4)(c).

4. The felony violation is included in the definition of racketeering. MCL 750.159g(mm).

B. Body Art and Tattoo Facilities. 2010 PA 375. Effective Dec. 22, 2010. Makes it a misdemeanor, punishable by up to 93 days in jail, a $2,500 fine, or both, to violate the rules regulating body art facilities. MCL 333.1301.

C. Charities. 2010 PA 377-378. Effective March 30, 2011. Creates new misdemeanor and felony violations of the charitable organizations and solicitation act.

1. It is a misdemeanor, punishable by up to 6 months in jail, a $5,000 fine, or both, to do any of the following. MCL 400.293(1);

a. Knowingly misrepresent or mislead any person in any manner to believe that a person on whose behalf a solicitation effort is conducted is a charitable organization or that the proceeds of a solicitation effort are for charitable purposes.

b. Knowingly divert or misdirect contributions to a purpose or organization other than for which the funds were contributed or solicited.

c. Knowingly misrepresent that funds contributed or solicited will be used for a specific charitable purpose.

d. Knowingly misrepresent that a donor will receive special benefits or treatment or that failure to make a contribution will result in unfavorable treatment.

e. Employ any device, scheme, or artifice to defraud or obtain money or property from a person means of deceptive, false, or misleading pretenses, representation, or promise.

f. Knowingly fail to file any materials, information, or report required under this act.

g. Engage in any of the following practices and wrongfully obtain more than $1,000 and less than $5,000, in the aggregate, as a result of the practice or practices;

i. Knowingly misrepresent that a person soliciting contributions or other funds for a charitable organization has a sponsorship, approval, status, affiliation, or other connection with a charitable organization or charitable purpose that the person does not have.

ii. Knowingly use a name, symbol, or statement so closely related or similar to a name, symbol, or statement used by another charitable organization or governmental agency that use of that name, symbol, or statement is confusing or misleading.

iii. Knowingly use a bogus, fictitious, or nonexistent organization, address, or telephone number in any solicitation.

iv. Knowingly misrepresent or mislead any person in any manner to believe that a person or governmental agency sponsors, endorses, or approves a solicitation effort if that person or agency has not given written consent to the use of that person’s or agency’s name for that purpose.

v. Knowingly misrepresent that the amount or percentage of a contribution that a charitable organization will receive for a charitable program after costs of solicitation are paid is greater than the amount or percentage of the contribution the charitable organization will actually receive.

vi. Knowingly solicit contributions, conduct a charitable sales promotion, or otherwise operate in this state as a charitable organization or professional fundraiser unless the information required under this Act is filed with the Michigan Attorney general’s Office.

vii. Aid, abet, or otherwise permit a person to solicit contributions or conduct a charitable sales promotion unless the person soliciting contributions or conducting the charitable sales promotion has complied with the requirements of this Act.

viii. Knowingly solicit or receive a contribution, conduct a charitable sales promotion, or sell membership for or on behalf of any charitable organization subject to the provisions of this Act that is not registered under this Act.

2. It is a felony, punishable by up to 5 years in prison, a $20,000 fine, or both, to do any of the following; MCL 400.293(2). It is an E felony under the sentencing guidelines. MCL 777.14a.

a. Engage in any practice or practices described in subsection (1)(a), (b), (c), (d), or (e) above if the aggregate amount of money fraudulently collected or wrongfully diverted from the charitable purpose for which the money was solicited exceeds $21,000.

b. Engage in any practice or practices described in subsection (1)(g) above and wrongfully obtain more than $5,000 in the aggregate.

c. Knowingly submit any of the following in materials or statements required under the Act or requested by the Attorney General;

i. Any document or statement purporting to have been signed, certified, attested to, approved by, or endorsed by a person if the signature, certification, attestation approval, or endorsement is not genuine or has not been given by that person.

ii. Any document containing any materially false statement.

3. A person is presumed to have committed a violation knowingly if the attorney general provided written notice identifying alleged violations to the person before the acts or omissions occurred.

4. This section does not limit or restrict prosecution under the general criminal statutes of Michigan.

D. Compelling Marriage. 2010 PA 97 & 102. Effective June 25, 2010. Repeals the statutes prohibiting the taking of a women and compelling her to marry. MCL 750.11 and MCL 750.12.

E. Controlled Substances. 2010 PA 354-355. Effective Dec. 22, 2010. Makes it a felony for a person to fraudulently obtain or attempt to obtain a controlled substance or a prescription for a controlled substance from a health care provider. MCL 333.7403a.

1. It is a felony, punishable by up to 4 years in prison, a $5,000 fine, or both. It is an F felony under the sentencing guidelines. MCL 777.13m.

2. A first offender may be given 7411 treatment. MCL 333.7403a(5).

3. The physician-patient, dentist-patient, or health professional-patient privileges are abrogated. MCL 333.7403a(2).

F. Dueling. 2010 PA 94-96. Effective June 22, 2010. Repeals the crime of dueling. MCL 750.171.

G. Fertilizer. 2010 PA 299. Effective Dec. 16, 2010. Punishes attempted violations for improper fertilizer applications the same as the completed offense. MCL 324.8520(5-6).

H. Gangs. 2010 PA 278. Effective Dec. 12, 2010. Enacts felony sentencing guidelines for gang recruitment and retaliating for withdrawing from a gang. Gang recruitment is an E felony, and retaliating for withdrawing from a gang is a B felony. MCL 777.16t.

I. Health Care Single Use Devices. 2010 PA 25 & 26. Effective March 26, 2010. Makes it a felony for a health care professional to reuse, recycle, refurbish for reuse, or provide for reuse, a single-use device on a human patient that has not been properly processed. MCL 333.20153(2).

1. A single-use device means a medical device that is intended for 1 use or procedure on a human patient. MCL 333.20153(1)(e).

2. The penalty is up to 10 years in prison, a $50,000 fine, or both. MCL 333.20153(4). It is a D felony under the sentencing guidelines. MCL 777.13n.

J. Home Owner Construction Lein Recovery Fund. 2010 PA 147-151. Effective Aug. 23, 2010. Repeals the statutes creating the fund and the felony penalty for submitting false information to receive payment from the fund. MCL 570.1207.

K. Human Trafficking. 2010 PA 360-364. Effective April 1, 2011. Adds the following offenses to human trafficking statutes.

1. Knowingly providing or obtaining the labor or services of another person by force, fraud, or coercion. It is a felony, punishable by up to 10 years in prison, a $10,000 fine, or both. MCL 750.462j(1)(b). It is a D felony under the sentencing guidelines. MCL 777.16w.

a. The penalty increases to up to 20 years in prison, a $20,000 fine, or both if the offense involves a minor, a commercial sex act, or involves serious physical harm to any person. MCL 750.462j(1)(b). It is a B felony under the sentencing guidelines. MCL 777.16w.

b. The penalty increases to life or any term of years, a $50,000 penalty, or both if it involves the death of another person. MCL 750.462j(1)(c). It is an A felony under the sentencing guidelines. MCL 777.16w.

2. Knowingly recruiting, harboring, transporting, providing, or obtaining a person for labor or services for the purpose of holding that person in involuntary servitude or debt bondage. It is a felony, punishable by up to 10 years in prison, a $10,000 fine, or both. MCL 750.462j(2)(a). It is a D felony under the guidelines. MCL 777.16w.

a. The penalty increases to up to 20 years in prison, a $20,000 fine, or both, if the offense involves a minor, a commercial sex act, or involves serious physical harm to any person. MCL 750.462j(2)(b). It is a B felony under the sentencing guidelines. MCL 777.16w.

b. The penalty increases to life or any term of years, a $50,000 fine, or both, if it involves the death of any person. MCL 750.462j(2)(c). It is an A felony under the sentencing guidelines. MCL 777.16w.

3. Allows multiple convictions for other violations arising out of the same transaction. MCL 750.462j(3).

4. Discretionary consecutive sentences. MCL 750.462j(3).

5. Key definitions;

a. “Coercion” includes, but is not limited to;

i. A threat to harm or physically restrain any person or the creation of any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in harm to or physical restraint against any person.

ii. The confiscation of documents without regard to whether the documents are fraudulent or fraudulently obtained; and the abuse or threatened abuse of the legal system, including threats of arrest or deportation without regard to whether the person being threatened is subject to arrest or deportation. MCL 750.462j(6)(a).

b. “Commercial sex act” means either;

i. Any act of sexual penetration or contact for which anything of value is given to, or is received by, any person

ii. Any sexually explicit performance for which anything of value is given to, or is received by, any person.

iii. Child sexually abusive activity or material. MCL 750.462j(6)(b).

c. “Debt bondage” includes, but is not limited to, the status or condition of a debtor arising from a pledge by the debtor of his or her personal services, or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. MCL 750.462j(6)(c).

d. “Fraud” includes, but is not limited to, a false or deceptive offer of employment or marriage. MCL 750.462(6)(e).

e. “Involuntary servitude” includes, but is not limited to, a false or deceptive offer of employment or marriage. MCL 750.462(6)(f).

L. Identity Theft.

1. Forfeiture. 2010 PA 314. Effective April 1, 2011. Creates a procedure for the forfeiture of property under the Identity Theft Protection Act that is the same as forfeiture under the Controlled Substances Act. MCL 445.79a – MCL 445.79c.

2. New Crimes. 2010 PA 318-319. Effective April 1, 2010. Creates new identity theft crimes.

a. Making an e-mail under false pretenses purporting to be on behalf of a business in an attempt to obtain personal identifying information with the intent to use that information to commit identity theft. MCL 445.67(a).

b. Creating or operating a webpage that fraudulently represents itself as belonging to a business in an attempt to obtain personal identifying information with the intent to use that information to commit identity theft. MCL 445.67(b).

c. Altering a setting on a user’s computer that causes the user to view a communication which fraudulently represents itself as belonging to a business in an attempt to obtain a personal identifying information with the intent to use that information to commit identity theft. MCL 445.67(c).

d. The penalty for a first offense is up to 5 years in prison, a $25,000 fine, or both. MCL 445.69(1)(a). It is an E felony under the sentencing guidelines. MCL 777.14h.

e. The penalty for a second offense is up to 10 years in prison, a $50,000 fine, or both. MCL 445.69(1)(b). It is a D felony under the sentencing guidelines. MCL 777.14h.

f. The penalty for a third offense is up to 15 years in prison, a $75,000 fine, or both. MCL 445.69(1)(c). It is a C felony under the sentencing guidelines. MCL 777.14h.

3. New Penalties. 2010 PA 315. Effective April 1, 2010. Increases the penalties for the following violations of the Identity Theft Protection Act.

a. The penalty for a first offense of unauthorized denial or solicitation of credit increases to imprisonment for up to 93 days, a $1,000 fine, or both. MCL 445.71(2)(a).

i. The fine for a second offense increases to $2,000. MCL 445.71(2)(b).

ii. The fine for a third offense increases to $3,000. MCL 445.71(2)(c).

b. The penalty for a first offense of false notice of a security breach increases to up to 93 days in jail, a $250 fine, or both. MCL 445.72(12)(a).

i. The fine for a second offense increases to $500. MCL 445.72(12)(b).

ii. The fine for a third offense increases to $750. MCL 445.72(12)(c).

c. The penalty for a first offense of misrepresentation of a security breach increase to 93 days in jail, a $1,000 fine, or both. MCL 445.72b(3)(a).

i. The fine for a second offense increases to $2,000. MCL 445.72b(3)(b).

ii. The fine for a third offense increases to $3,000. MCL 445.72b(3)(c).

M. Local Health Department Regulations. 2010 PA 72. Effective May 13, 2010. Increases the penalties for violating local health department regulations from 90 days to imprisonment for up to 6 months, a $200 fine, or both. MCL 333.2443.

N. Prize Fighting. 2010 PA 98-100. Effective June 22, 2010. Repeals the statutes prohibiting unlicensed prize fighting. MCL 750.442-7.

O. Racketeering. 2010 PA 377. Effective April 1, 2011. Includes human trafficking, internet, or computer crimes, and felony identity theft as predicate offenses for racketeering. MCL 750.159g.

P. Self-Defense Sprays. 2010 PA 365. Effective Dec. 22, 2010. Increases the fine for selling a self-defense sprays to a minor. The penalty is up to 90 days in jail, a $500 fine, or both. MCL 750.224d.

Q. Sexually Oriented Businesses. 2010 PA 342-343. Effective Dec. 21, 2010. Regulates signs and billboards that advertise sexually oriented businesses. Violations are subject to a civil fine of $5,000 to $10,000 for each day of the violation. MCL 252.318a.

R. Salvia / Spice. 2010 PA 169-171. Effective Oct. 1, 2010. Includes Spice, Salvia Divinorum, and Khat in schedule 1. Penalties for possession and use are the same as for possession and use of marijuana. MCL 333.7212, MCL 333.7403, MCL 333.7404.

S. Tracking Devices. 2010 PA 107. Effective Aug 1, 2010. Makes it a misdemeanor punishable by up to 1 year in jail, a $1,000 fine, or both, to do any of the following;

1. Install, place, or cause a tracking device to be placed on a motor vehicle without the owner or lessee’s consent. MCL 750.539l(1)(a).

2. Track a motor vehicle without the owner or lessee’s consent. MCL 750.539l(1)(b).

3. If restrained by a protective order, use a tracking device to track the protected person. MCL 750.539l(1)(c).

4. If on probation for domestic violence or an assaultive crime, track the location of a vehicle occupied by the victim or a family member, regardless of the use of a tracking device. MCL 750.539l(l)(d).

a. An assaultive crime is defined by MCL 770.9a.

There are exceptions;

1. GPS, OnStar, LoJack, or Diagnostic equipment. MCL 750.539l(2)(a-d).

2. Device installed with notice to the owner or lessee. MCL 750.539l(2)(e).

3. Device installed by a parent on a car operated by their child. MCL 750.539l(2)(f).

4. Device legally installed by a police officer, court officer, or bail agent. MCL 750.539l(2)(g-i).

5. Device installed by a professional investigator, so long as the investigator is not acting on behalf of a person subject to a restraining order or to aid in the commission of a crime. MCL 750.539l(2)(j).

T. University Ordinances. 2010 PA 262. Effective Dec. 14, 2010. Removes the $25 cap on civil infraction fines for violating university ordinances. MCL 390.892a.

U. Utility Services

1. Assaulting An Employee. 2010 PA 131-132. Effective Oct. 19, 2010. Creates the following penalties for assaulting an employee or contractor of a utility company;

a. Assaulting an employee or contractor of a public utility while in the performance of their duties, or because of the person’s status as an employee or contractor, is a misdemeanor, punishable up to 1 year in jail, a $1,000 fine, or both. MCL 750.81e(1).

b. An assault causing bodily injury requiring medical attention is a felony, punishable by up to 2 years in prison, a $1,00 fine, or both. MCL 780.81e(2). It is a G felony under the sentencing guidelines. MCL 777.16d.

C. An assault that causes serious impairment of a body function is a felony, punishable by up to 5 years in prison, a $1,000-$5,000 fine, or both. MCL 750.81e(3). It is an E felony under the sentencing guidelines. MCL 777.16d.

d. The person may be convicted of other offenses from the same transaction. MCL 750.81e(4).

2. Theft. 2010 PA 129-130. Effective Oct. 19, 2010. Makes it a felony, punishable by up to 5 years in prison, a $5,000 fine, or both, to;

a. Knowingly sell or transfer or attempt to sell or transfer electric power or natural gas provided by a utility to another person. MCL 750.282a(1)(a).

b. The maximum fine increases to $10,000 for a second offense. MCL 750.282a(1)(b).

c. It is an E felony under the sentencing guidelines. MCL 777.16o.

II. Criminal Procedure

A. Boot Camps. 2010 PA 194. Effective Sept. 30, 2010. Extends the boot camp program to Sept. 30, 2012. Allows defendants convicted of home invasion who receive a minimum sentence of 24 months or less to participate. MCL 791.234a(2)(a)(i).

B. Drug Treatment Courts. 2010 PA 177. Effective Sept. 30, 2010. Requires prosecutor approval if a drug treatment court will include in its program individuals who may be eligible for discharge and dismissal for an offense, delayed sentence, or deviation from the sentencing guidelines. MCL 600.1062.

C. Forfeiture. 2010 PA 363. Effective April 1, 2011. Includes Human Trafficking and terrorism crimes under the omnibus forfeiture act. MCL 600.4701.

D. Parole.

1. Deportation. 2010 PA 223. Effective March 30, 2011. Allows for parole after serving half of the minimum sentence for some prisoners subject to a deportation order. Prisoners serving a sentence for murder, criminal sexual conduct in the 1st, 2nd, and 3rd degrees, or as a habitual offender are not eligible. MCL 791.234b.

2. Pre-March 1, 2003, Drug Offenders. Effective Dec. 22, 2010. Makes the following changes for certain drug offenders who committed their offense prior to March 1, 2003.

a. Ends lifetime probation. MCL 333.7401(4) & MCL 333.7403(3).

b. Allows parole after serving 17.5 to 20 years for a person sentenced to mandatory life for attempted delivery of 650 or more grams of heroin or cocaine. MCL 791.234(7) & (10).

c. Allows parole after serving 17.5 or 20 years for a person sentenced to more than 20 years for delivery or possession of 650 or more grams of heroin or cocaine. MCL 791.234(13).

d. Clarifies that persons given a 20 or 10 year minimum for delivery of heroin or cocaine for a crime that occurred before March 1, 2003, but sentenced after March 1, 2003, would be eligible for parole after serving half of the minimum sentence. MCL 791.234(14-15).

E. Pre-Sentence Reports. 2010 PA 247-248. Effective Dec. 14, 2010. Requires that a copy of the pre-sentence report be given to the prosecution and defense 2 days before sentencing. MCL 771.14.

1. Both the prosecution and defense can keep copies of the report.

2. Copies of any amended reports must also be provided to each party.

3. The home, work, school, or worship phone number or address of the victim shall not be included in the pre-sentence report unless it is the location of the crime. The victim may request that additional phone numbers or addresses be excluded.

III. Vehicles

A. Accidents. 2010 PA 10. Effective March 9, 2009.Requires a driver in a non-serious injury crash to remove their operable vehicle from the traveled portion of a roadway. Violations are civil infractions. MCL 257.618a.

B. Dangling Objects. 2010 PA 258. Effective Dec. 14, 2010. Removes the vehicle code provision prohibiting dangling objects from the rear view mirror, and replaces it with language prohibiting the use of any object that obstructs the vision of the driver. MCL 257.709.

C. Driving Improvement Course. 2010 PA 289. Effective Dec. 16, 2010. Requires the sponsor of a driver improvement course approved by the Secretary of State to file a certificate that the driver has completed the course. Completion of the course keeps points off the driver record. MCL 257.320d.

D. DWI / Sobriety Court Interlock Pilot Project. 2010 PA 154-155. Effective Sept. 2, 2010. Creates a DWI / Sobriety Court Interlock Project.

1. Under the 3 year pilot, repeat drunk driving offenders participating in a sobriety court will be allowed to receive a restricted license if they obtain an interlock. MCL 600.1084.

2. The restricted license would last until the offender becomes eligible for restored driving privileges. Any violation of the DWI court rules, interlock violations, an offense requiring a license suspension or failure to pay all fines, fees, and costs ends the restricted license. MCL 257.304.

E. Graduated Licenses. 2010 PA 268. Effective March 30, 2011. A person with a level 2 graduated license can have no more that one non-family member under the age of 21 in the car at the time of operation. MCL 257.310e.

F. Recreation Passports. 2010 PA 32-35. Effective Oct. 1, 2010. Allows all Michigan motorists to purchase a recreation passport for $10 whenever they renew their vehicle registrations.

1. The passport will be a registration tab or sticker that allows access to all state parks and boating facilities. MCL 257.805.

2. Using a state park or boating facility without the passport or park pass will be a state civil infraction. MCL 324.78119(5) & MCL 324.74122(2).

G. Texting While Driving. 2010 PA 58-60. Effective July 1, 2010. Bans texting while driving. It is a civil infraction with a fine of $100 for a first offense, and a $200 fine of a second offense. MCL 257.602b. There are no points for this violation. MCL 257.320a(2).

H. Ticket Quotas. 2010 PA 226. Effective Dec. 10, 2010. Prohibits police management from requiring a specified level of traffic tickets in evaluating an officer’s performance. MCL 257.750.

IV. Victim Rights

A. Assessments. 2010 PA 281. Effective Dec. 16, 2010. Makes the following changes to the victim assessment law. MCL 780.905.

1. The assessment for a felony conviction is increases from $60 to $130.

2. The assessment for a serious or specified misdemeanor is increases from $50 to $75.

3. The assessment for a juvenile offense is increased from $20 to $25.

4. The new assessment rates take effect on Dec. 16, 2010.

5. The new assessments apply to crimes committed after Dec. 16, 2010. Applying the new higher rates to crimes committed prior to Dec. 16, 2010, would violate the ex post facto clause of the Michigan and Federal constitutions.

B. Compensation. 2010 PA 282. Effective Dec. 16, 2010. Makes the following changes to the crime victim compensation law. MCL 18.361.

1. The total maximum award is increased from $15,000 to $25,000.

2. The maximum award for lost earnings or support is increased from $200 to $350 per week.

3. The maximum funeral award is increased from $2,000 to $5,000.

4. Up to $500 may be awarded for grief counseling for children, parents, grandparents, and siblings.

5. Up to $500 may be awarded for crime scene clean-up services performed at the victim or claimant’s residence.

6. These new rates will apply to claims awarded after Dec. 16, 2010.

C. Crime Victim Services Fund.

1. Sunsetted Services. 2010 PA 202. Effective Oct. 5, 2010. Allows crime victim services funds to be used to fund the sex offender registry, state amber alert program, treatment services for sexual assault victims, Michigan State Police polygraph services, and expert testimony by the MSP forensic scientists through Oct. 1, 2010. MCL 780.904.

2. Trauma System. 2010 PA 280. Effective April 1, 2010. Provides that any funds in the crime victim rights fund in excess of those necessary to fund victim rights services and crime victim compensation and may be appropriated by the legislature to establish and run a statewide trauma system. MCL 780.904.

D. Human Trafficking. 2010 PA 364. Effective April 1, 2011. In addition to ordering full restitution under the Crime Victim Rights Act, the court may also order restitution for the following expenses in human trafficking cases. MCL 780.766b.

1. Lost income, calculated by whichever of the following methods results in the largest amount:

a. The gross amount received by the defendant from or the value to the defendant of the victim’s labor or services.

b. The value of the victim’s labor or services as calculated under the minimum wage law.

c. Income loss as calculated under MCL 780.7666(4)(c).

2. The cost of transportation, temporary housing, and child care expenses incurred by the victim because of the offense.

3. Attorney fees and other costs and expenses incurred by the victim because of the offense, including, but not limited to, costs and expenses relating to assisting the investigation of the offense and for attendance at related court proceedings.

4. Any other loss suffered by the victim as a proximate result of the offense.

V. Miscellaneous

A. Children.

1. Child Abuse Registry. 2010 PA 81. Effective May 21, 2010. Allows an individual to provide an employer or volunteer organization with a statement from the Department of Human Services that he or she is not on the child abuse registry if the employment or volunteer work will involve contact with children. MCL 722.627j.

2. Foster Care. 2010 PA 265. Effective Dec. 14, 2010. Requires notification of a child’s relatives whenever a child is placed in foster care so the relatives can be considered for placement. MCL 722.954a.

3. Safe Delivery of Newborns. 2010 PA 348-349. Effective Dec. 22, 2010. Clarifies procedures for terminating parental rights when a newborn is surrendered under the safe delivery of newborns law. MCL 712.15 & MCL 712.17.

4. Termination of Parental Rights. 2010 PA 7 & 12. Effective Sept. 4, 2010. Limits the circumstances for filing a child protective proceedings petition or a petition to terminate parental rights when it is based upon the voluntary termination of another child after the filing of a petition. Petitions can only be filed when the prior petition involved the following circumstances;

i. Abandonment of a young child.

ii. Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate.

iii. Battering, torture, or other severe physical abuse,

iv. Loss or serious impairment of an organ or limb.

v. Life-threatening injury.

vi. Murder or attempted murder.

vii. Voluntary manslaughter.

viii. Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter. MCL 712a.18(1)(b)(ii) & MCL 712a.19b(3)(m).

B. Collecting Fines and Costs. 2010 PA 255. Effective Dec. 10, 2010. Makes any fine, cost, reimbursement, restitution, assessment, or fee ordered in any criminal case or civil infraction recoverable like a civil judgment. MCL 600.4805.

C. Domestic Violence / Stalking

1. Lease Agreements. 2010 PA 199. Effective Oct. 5, 2010. Allows a domestic violence of stalking victim to terminate a lease signed after Oct. 5, 2010, without a penalty. MCL 554.601b.

2. Personal Protection Orders. 2010 PA 19&20. Effective March 25, 2010. Makes the following changes to the stalking personal protection order statute;

1. A personal protection order can be issued to prevent a person from posting messages on the internet as prohibited by MCL 750.411s. MCL 600.2950a(1).

2. A personal protection order can be issued if the respondent has been convicted of committing a sexual assault against the petitioner, or for furnishing obscene material to a minor. MCL 600.2950a(2)(a).

a. A sexual assault means a violation, attempted violation, or conspiracy to commit 1st, 2nd, 3rd, or 4th degree criminal sexual conduct, or an offense under a similar law of the United States, another state, foreign country, or tribal law. MCL 600.2950a(32)(f).

b. Conviction includes assignment to youthful trainee status and juvenile adjudications. MCL 600.2950a(32)(a).

3. A personal protection order can be issued if the petitioner has been subjected to, threatened with, or placed in reasonable apprehension of a sexual assault by the respondent. The petitioner must allege facts in support of the allegations. A criminal charge or conviction is not required as a condition to issuing the PPO. MCL 600.2950a(2)(b).

4. The rape shield law applies to any hearing on these petitions. MCL 600.2950a(4).

D. Firearms.

1. Confiscated Firearms. 2010 PA 294-295. Effective Dec. 16, 2010. Allows a police agency to retain a confiscated firearm for official use or to sell it to a federally licensed firearm dealer.

a. The agency must first give 30 days notice to any identified owner and shall place a notice on its website describing the firearm to allow an owner 30 days in which to claim it. MCL 750.539a; MCL 28.434a.

b. If the firearm is turned over to the Michigan State Police, the MSP must give similar notice before auctioning or destroying the firearm. MCL 750.539.

2. Federally Licensed Dealers. 2010 PA 209 & 2010. Effective Feb. 15, 2011. Allows federally licensed firearm dealers to purchase, carry, possess, or transport a pistol without a state license. MCL 28.422a.

E. Fishing.

1. Licenses. 2010 PA 29. Effective March 26, 2010. Sets the fees for 24 hour and 72 hour fishing licenses. Clarifies that a license allows a person to both take and possess fish. MCL 324.43532 & MCL 324.43533.

2. Catch Limits. 2010 PA 30. Effective April 1, 2010. Authorizes the Department of Natural and Environmental Resources to set the daily possession limits on all fish varieties. MCL 324.48721.

F. Medical Examiners. 2010 PA 108. Effective July 1, 2010. Provides immunity for retaining body parts as part of an autopsy. MCL 52.205.

G. Personal Flotation Devices. 2010 PA 298. Effective Dec. 16, 2010. Exempts a person in a racing shell or rowing scull from the personal flotation device requirement. MCL 324.80164a.

H. Private College Security Force. 2010 PA 67 & 68. Effective May 13, 2010. Allows private colleges to have a private college security force so long as they have the approval of the prosecutor and sheriff. MCL 338.1087.

I. Sealed Documents. 2010 PA 56 & 57. Effective April 29, 2010. Allows a seal to be affixed electronically to court or public records, including to electronic documents. MCL 8.3n & MCL 565.232.

J. Swine Running at Large. 2010 PA 69-71. Effective May 13, 2010. Declares swine running at large to be public nuisances.

1. Law enforcement may shoot swine running at large on public or private land.

2. Individuals with a carrying a concealed weapons permit may shoot swine running at large on public land, or on private land with the permission of the landowner. MCL 433.14a.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein

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