HOUSE OF REPRESENTATIVES
COMMITTEE ON JUDICIARY
REP. GRAHAM FILLER
CHAIR
COMMITTEE MEETING MINUTES
Thursday, December 17,
2020
9:00
AM
Room 352, House Appropriations, State Capitol
Building
The House Committee on Judiciary was called to order by Chair Filler.
The Chair requested attendance be called:
Present: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder, Yancey, Bolden.
Absent: None.
Excused: None.
Representative Howell moved to adopt the meeting minutes from December 16, 2020. There
being no objection, the motion prevailed by unanimous consent.
The Chair laid SB 1046, SB 1047, SB 1048, SB 1049, SB 1050 and SB 1051 before the
committee:
SB 1046
(Sen. Victory)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," by amending sections 9c
and 9f of chapter IV (MCL 764.9c and 764.9f),
section 9c of chapter IV as amended by 2001 PA
208 and section 9f of chapter IV as amended by
1999 PA 76.
SB 1047
(Sen. Irwin)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," by amending sections 1,
1a, and 9e of chapter IV (MCL 764.1, 764.1a, and
764.9e), section 1 of chapter IV as amended by
2014 PA 389 and section 1a of chapter IV as
amended by 2012 PA 177, and by adding section
10d to chapter II, sections 3 and 6f to chapter IV,
and section 6e to chapter V.
SB 1048
(Sen. Santana)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," by amending sections 5,
31, and 34 (MCL 769.5, 769.31, and 769.34),
section 5 of chapter IX as amended by 2015 PA
216, section 31 of chapter IX as amended by 2004
PA 220, and section 34 of chapter IX as amended
by 2002 PA 666.
SB 1049
(Sen. Chang)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," by amending section 11 of
chapter II (MCL 762.11), as amended by 2019 PA
100.
SB 1050
(Sen. MacDonald)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," by amending sections 2,
2a, 3, 4, and 4b of chapter XI (MCL 771.2, 771.2a,
771.3, 771.4, and 771.4b), section 2 of chapter XI
as amended by 2017 PA 10, section 2a of chapter
XI as amended by 2006 PA 507, section 3 of
chapter XI as amended by 2012 PA 612, section 4
of chapter XI as amended by 1998 PA 520, and
section 4b of chapter XI as added by 2017 PA 9.
SB 1051
(Sen. McBroom)
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953," by amending section
36 (MCL 791.236), as amended by 2012 PA 623.
Representative Rendon moved to adopt substitute (H-1) to SB 1046. The motion prevailed
13-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: None.
Pass: None.
Representative Steven Johnson offered the following amendments to SB 1046 (H-1):
1. Amend page 3, following line 7, by inserting:
"(d) A person arrested for a serious misdemeanor.
(e) A person arrested for any other assaultive crime.".
2. Amend page 3, line 13, after the second "a" by inserting "serious misdemeanor,
assaultive crime,".
3. Amend page 5, following line 1, by inserting:
"(9) As used in this section:
(a) "Assaultive crime" means that term as defined in section 9a of chapter X.
(b) "Serious misdemeanor" means that term as defined in section 61 of the
William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.811.".
Representative Steven Johnson moved to adopt the amendments to SB 1046 (H-1). The
motion prevailed 13-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: None.
Pass: None.
Representative Steven Johnson moved to report SB 1046 as amended, as substitute (H-2).
The motion prevailed 13-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: None.
Pass: None.
At 9:17 AM, the Chair laid the committee at ease.
At 9:19 AM, the Chair called the committee back to order.
Representative LaFave moved to adopt substitute (H-1) to SB 1047. The motion prevailed
13-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: None.
Pass: None.
Representative Howell moved to report out SB 1047 with recommendation, as substitute (H-
1). The motion prevailed 12-0-1:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Howell, Steven Johnson, Rendon, Berman, Wozniak,
LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: None.
Pass: Rep. Farrington.
At 9:20 AM, the Chair laid the committee at ease.
At 9:23 AM, the Chair called the committee back to order.
Representative Farrington moved to report out SB 1048 with recommendation. The motion
prevailed 12-0-1:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Howell, Steven Johnson, Rendon, Berman, Wozniak,
LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: None.
Pass: Rep. Farrington.
Representative Berman offered the following amendments to SB 1049:
1. Amend page 2, line 27, by striking out all of subdivision (c) and relettering the
remaining subdivisions.
2. Amend page 4, line 17, after "section" by striking out the colon and inserting a
comma.
3. Amend page 4, line 18, by striking out "(a) "Listed offense"" and inserting ""listed
offense"".
4. Amend page 4, line 20, by striking out the balance of the bill.
Representative Berman moved to adopt the amendments to SB 1049. The motion did not
prevail 5-8-0:
UNFAVORABLE ROLL CALL
Yeas: Reps. LaFave, Howell, Steven Johnson, Rendon, Berman.
Nays: Reps. Filler, Farrington, Wozniak, LaGrand, Guerra, Elder, Yancey, Bolden.
Pass: None.
Representative Yancey moved to report out SB 1049 with recommendation. The motion
prevailed 8-5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Howell, LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: Reps. Farrington, Steven Johnson, Rendon, Berman, Wozniak.
Pass: None.
Representative Rendon moved to adopt substitute (H-1) to SB 1050. The motion prevailed
12-1-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Wozniak,
LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: Rep. Berman.
Pass: None.
Representative Guerra offered the following amendments to SB 1050 (H-1):
1. Amend page 6, following line 3, by inserting:
"(g) A listed offense.
(h) An offense for which a defense was asserted under section 36 of chapter VIII.
(i) A violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL
750.462a to 750.462h, or former section 462i or 462j of that act.".
2. Amend page 6, following line 29, by inserting:
"(15) As used in this section, "listed offense" means that term as defined in
section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.".
Representative Guerra moved to adopt the amendments to SB 1050 (H-1). The motion
prevailed 13-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: None.
Pass: None.
Representative Guerra moved to report SB 1050 as amended, as substitute (H-2). The motion
prevailed 11-0-2:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Howell, Steven Johnson, Rendon, Wozniak, LaGrand, Guerra,
Elder, Yancey, Bolden.
Nays: None.
Pass: Reps. Farrington, Berman.
Representative Guerra offered the following amendment to SB 1051:
1. Amend page 2, line 26, after "applicable" by inserting a comma and "including,
but not limited to, the safety needs of the victim or a request by the victim for protective
conditions".
Representative Guerra moved to adopt the amendment to SB 1051. The motion prevailed 12-
0-1:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Wozniak,
LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: None.
Pass: Rep. Berman.
Representative LaFave moved to report SB 1051 as amended, as substitute (H-1). The motion
prevailed 12-0-1:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Wozniak,
LaGrand, Guerra, Elder, Yancey, Bolden.
Nays: None.
Pass: Rep. Berman.
At 9:31 AM, the Chair laid the committee at ease.
At 9:37 AM, the Chair called the committee back to order.
There being no further business before the committee, Rep. Graham Filler adjourned the
meeting at 9:38 AM.
Representative Graham Filler, Chair
Melissa Sweet
Committee Clerk
msweet@house.mi.gov