HOUSE OF REPRESENTATIVES
COMMITTEE ON JUDICIARY
REP. GRAHAM FILLER
CHAIR
COMMITTEE MEETING MINUTES
Tuesday, May 11, 2021
Room 519, House Office Building
The House Committee on Judiciary was called to order by Chairman Filler.
The Chair requested attendance be called:
Present: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak,
Clements, LaGrand, Yancey, Hope, Breen.
Absent: Rep. Bolden.
Excused: Rep. Bolden.
Representative Yancey joined the committee remotely.
Representative Mueller moved to adopt the meeting minutes from May 4, 2021. There being
no objection, the motion prevailed by unanimous consent.
The Chair laid HB 4698 before the committee:
HB 4698
(Rep. Albert)
A bill to amend 1931 PA 328, entitled "The
Michigan penal code," (MCL 750.1 to 750.568) by
adding section 499.
Representative Filler offered the following amendment to HB 4698:
1. Amend page 2, line 6, by striking out "and" and inserting "or".
Representative Filler moved to adopt the amendment to HB 4698. The motion prevailed 11-0-
0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak,
Clements, LaGrand, Hope, Breen.
Nays: None.
Pass: None.
Representative Mueller moved to report House Bill No. 4698 as amended, as substitute (H-1).
The motion prevailed 11-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements,
LaGrand, Hope, Breen.
Nays: None.
Pass: None.
The Chair laid HB 4071 and HB 4072 before the committee:
HB 4071
(Rep. Kahle)
A bill to amend 1931 PA 328, entitled "The
Michigan penal code," by amending section 136b
(MCL 750.136b), as amended by 2020 PA 49.
HB 4072
(Rep. Calley)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," by amending section 16g
of chapter XVII (MCL 777.16g), as amended by
2020 PA 50.
Representative Kahle, testified in support of HB 4071 and HB 4072. Questions and
discussion followed.
Megan VanEtten, representing the herself, testified in support of HB 4071 and HB 4072.
Angie Borders, Chief Assistant Prosecutor, representing Lenawee County, testified in support
of HB 4071 and HB 4072. Questions and discussion followed.
The following people submitted a card in support of HB 4071 and HB 4072, but did not wish
to speak:
Rebecca Mastee, J.D., representing the Michigan Catholic Conference.
The Chair laid SB 400 before the committee:
SB 400
(Sen. McBroom)
A bill to amend 1965 PA 213, entitled "An act to
provide for setting aside the conviction in certain
criminal cases; to provide for the effect of such
action; to provide for the retention of certain
nonpublic records and their use; to prescribe the
powers and duties of certain public agencies and
officers; and to prescribe penalties," by amending
section 1d (MCL 780.621d), as added by 2020 PA
190.
Senator McBroom, testified in support of SB 400. Questions and discussion followed.
The following people submitted a card in opposition to SB 400, but did not wish to speak:
Brandon Lanyon, representing the Prosecuting Attorneys Association of Michigan.
Stephanie Zugschwert, J.D., representing the Coalition of Ignition Interlock
Manufacturers.
Representative LaGrand moved to report out SB 400 with recommendation. The motion
prevailed 11-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak,
Clements, LaGrand, Hope, Breen.
Nays: None.
Pass: None.
The Chair laid HB 4631 and HB 4632 before the committee:
HB 4631
(Rep. Filler)
A bill to amend 1978 PA 368, entitled "Public
health code," by amending section 7521a (MCL
333.7521a), as added by 2019 PA 7.
HB 4632
(Rep. Garza)
A bill to amend 1978 PA 368, entitled "Public
health code," by amending section 7523a (MCL
333.7523a), as added by 2019 PA 8.
The following people submitted a card in opposition to HB 4631 and HB 4632, but did not
wish to speak:
Diana Prichard, representing the Americans For Prosperity.
Representative Steven Johnson offered the following amendment to HB 4632:
1. Amend page 3, following line 16, by inserting:
"(7) If property is seized in Wayne County by law enforcement officers appointed
by a public airport authority created under section 110 of the aeronautics code of the
state of Michigan, 1945 PA 327, MCL 259.110, or by a regional airport authority created
under section 139 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.139, and is subsequently forfeited in Wayne County, any forfeited money must be
directed to the conviction integrity unit within the Wayne County prosecutor's office.".
Representative Steven Johnson moved to adopt the amendment to HB 4632. The motion did
not prevail 4-6-1:
UNFAVORABLE ROLL CALL
Yeas: Reps. Steven Johnson, Berman, LaGrand, Breen.
Nays: Reps. Filler, Mueller, Kahle, Rendon, Wozniak, Clements.
Pass: Rep. Hope.
Representative Mueller moved to report out HB 4632 with recommendation. The motion
prevailed 8-3-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, Mueller, Kahle, Rendon, Wozniak, Clements, LaGrand, Breen.
Nays: Reps. Steven Johnson, Berman, Hope.
Pass: None.
Representative Mueller moved to report out HB 4631 with recommendation. The motion
prevailed 8-3-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, Mueller, Kahle, Rendon, Wozniak, Clements, LaGrand, Breen.
Nays: Reps. Steven Johnson, Berman, Hope.
Pass: None.
The Chair laid HB 4091, HB 4092, HB 4093 and HB 4214 before the committee:
HB 4091
(Rep. Whiteford)
A bill to amend 1965 PA 213, entitled "An act to
provide for setting aside the conviction in certain
criminal cases; to provide for the effect of such
action; to provide for the retention of certain
nonpublic records and their use; to prescribe the
powers and duties of certain public agencies and
officers; and to prescribe penalties," by amending
section 1 (MCL 780.621), as amended by 2020 PA
191.
HB 4092
(Rep. Filler)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," (MCL 760.1 to 777.69) by
adding section 21d to chapter VIII.
HB 4093
(Rep. Kahle)
A bill to amend 1939 PA 288, entitled "Probate
code of 1939," by amending section 18e of chapter
XIIA (MCL 712A.18e), as amended by 2020 PA
361.
HB 4214
(Rep. Mueller)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," by amending section 27c
of chapter VIII (MCL 768.27c), as added by 2006
PA 79.
Kelly Carter, Assistant Attorney General, representing the Michigan Department of Attorney
General, testified in support of HB 4091, HB 4092, HB 4093 and HB 4214.
The following people submitted a card in support of HB 4091, HB 4092, HB 4093 and HB
4214, but did not wish to speak:
Brandon Lanyon, representing the Prosecuting Attorneys Association of Michigan.
Elinor Jordan, representing the Michigan Coalition to End Domestic and Sexual
Violence.
The following people submitted a card in support of HB 4091, HB 4092 and HB 4093, but
did not wish to speak:
Noah Smith, representing the Criminal Defense Attorneys of Michigan.
Alex Rossman, representing the Michigan League for Public Policy.
The following people submitted a card in opposition to HB 4214, but did not wish to speak:
Jessica Zimbelman, representing the State Appellate Defender Office.
Representative Mueller moved to excuse Representative Bolden from the meeting. There
being no objection the motion prevailed by unanimous consent.
There being no further business before the committee, Chairman Filler adjourned the meeting
at 9:58 AM.
Representative Graham Filler, Chair
Melissa Sweet
Committee Clerk
msweet@house.mi.gov