HOUSE OF REPRESENTATIVES
COMMITTEE ON JUDICIARY
REP. KELLY A BREEN
CHAIR
COMMITTEE MEETING MINUTES
Wednesday, April 12, 2023
10:30 AM
Room 521, House Office Building
The House Committee on Judiciary was called to order by Chair Breen.
The Chair requested attendance be called:
Present: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou, Fink, Wendzel, Wozniak, Outman, Johnsen.
Absent: None.
Excused: None.
Representative Edwards moved to adopt the meeting minutes from March 22, 2023. There
being no objection, the motion prevailed by unanimous consent.
The Chair laid HB 4120, HB 4121, HB 4122, HB 4123, HB 4124 and HB 4125 before the
committee:
HB 4120
(Rep. Rogers)
A bill to amend 1975 PA 238, entitled "Child
protection law," (MCL 722.621 to 722.638) by
adding section 3b.
HB 4121
(Rep. Breen)
A bill to amend 1978 PA 368, entitled "Public
health code," by amending section 16221 (MCL
333.16221), as amended by 2020 PA 232.
HB 4122
(Rep. Hope)
A bill to amend 1978 PA 368, entitled "Public
health code," by amending section 16226 (MCL
333.16226), as amended by 2020 PA 233.
HB 4123
(Rep. Filler)
A bill to amend 1931 PA 328, entitled "The
Michigan penal code," by amending section 483a
(MCL 750.483a), as added by 2000 PA 451.
HB 4124
(Rep. Glanville)
A bill to amend 1931 PA 328, entitled "The
Michigan penal code," (MCL 750.1 to 750.568) by
adding section 478b.
HB 4125
(Rep. Rheingans)
A bill to amend 1976 PA 451, entitled "The
revised school code," (MCL 380.1 to 380.1852) by
adding section 1310e.
Representative Rogers and Representative Rheingans testified in support of HB 4120, HB
4121, HB 4122, HB 4123, HB 4124 and HB 4125. Questions and discussion followed.
Heath Lowry, representing the Michigan Coalition to End Domestic and Sexual Violence,
testified in support of HB 4120, HB 4121, HB 4122, HB 4123, HB 4124 and HB 4125.
Questions and discussion followed.
The following people submitted a card in support of HB 4120, HB 4121, HB 4122, HB 4123,
HB 4124 and HB 4125, but did not wish to speak:
Tom Hickson, representing the Michigan Catholic Conference.
Matt Black, representing the Michigan Academy of Family Physicians.
Stephanie Glidden, representing the Junior League of Michigan.
Yousef Rabhi, representing the Michigan Nurses Association.
The following person submitted a card in support of HB 4120, HB 4121, HB 4122 and HB
4123, but did not wish to speak:
Jess Averill, representing the Michigan Domestic and Sexual Violence Prevention and
Treatment Board.
The Chair laid HB 4145, HB 4146, HB 4147, HB 4148, SB 83, SB 84, SB 85 and SB 86
before the committee:
HB 4145
(Rep. Puri)
A bill to provide for the issuance of restraining
orders prohibiting certain individuals from
possessing or purchasing firearms and ordering
the surrender and seizure of a restrained
individual's firearms; to provide for the powers
and duties of certain state and local governmental
officers and entities; to prescribe penalties; and to
provide remedies.
HB 4146
(Rep. Breen)
A bill to amend 1927 PA 372, entitled "An act to
regulate and license the selling, purchasing,
possessing, and carrying of certain firearms, gas
ejecting devices, and electro-muscular disruption
devices; to prohibit the buying, selling, or carrying
of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a
license or other authorization; to provide for the
forfeiture of firearms and electro-muscular
disruption devices under certain circumstances; to
provide for penalties and remedies; to provide
immunity from civil liability under certain
circumstances; to prescribe the powers and duties
of certain state and local agencies; to prohibit
certain conduct against individuals who apply for
or receive a license to carry a concealed pistol; to
make appropriations; to prescribe certain
conditions for the appropriations; and to repeal all
acts and parts of acts inconsistent with this act,"
by amending sections 2, 2b, 5b, and 8 (MCL
28.422, 28.422b, 28.425b, and 28.428), section 2
as amended by 2015 PA 200, section 2b as
amended by 2014 PA 205, and sections 5b and 8
as amended by 2017 PA 95.
HB 4147
(Rep. Brixie)
A bill to amend 1961 PA 236, entitled "Revised
judicature act of 1961," by amending sections
1908, 2529, and 2559 (MCL 600.1908, 600.2529,
and 600.2559), section 2529 as amended by 2014
PA 532 and section 2559 as amended by 2018 PA
261.
HB 4148
(Rep. Young)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," (MCL 760.1 to 777.69) by
adding section 15e to chapter XVII.
SB 83
(Sen. McMorrow)
A bill to provide for the issuance of restraining
orders prohibiting certain individuals from
possessing or purchasing firearms and ordering
the surrender and seizure of a restrained
individual's firearms; to provide for the powers
and duties of certain state and local governmental
officers and entities; to prescribe penalties; and to
provide remedies.
SB 84
(Sen. Polehanki)
A bill to amend 1927 PA 372, entitled "An act to
regulate and license the selling, purchasing,
possessing, and carrying of certain firearms, gas
ejecting devices, and electro-muscular disruption
devices; to prohibit the buying, selling, or carrying
of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a
license or other authorization; to provide for the
forfeiture of firearms and electro-muscular
disruption devices under certain circumstances; to
provide for penalties and remedies; to provide
immunity from civil liability under certain
circumstances; to prescribe the powers and duties
of certain state and local agencies; to prohibit
certain conduct against individuals who apply for
or receive a license to carry a concealed pistol; to
make appropriations; to prescribe certain
conditions for the appropriations; and to repeal all
acts and parts of acts inconsistent with this act,"
by amending sections 2, 2b, 5b, and 8 (MCL
28.422, 28.422b, 28.425b, and 28.428), section 2
as amended by 2015 PA 200, section 2b as
amended by 2014 PA 205, and sections 5b and 8
as amended by 2017 PA 95.
SB 85
(Sen. Anthony)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," (MCL 760.1 to 777.69) by
adding section 15e to chapter XVII.
SB 86
(Sen. Singh)
A bill to amend 1961 PA 236, entitled "Revised
judicature act of 1961," by amending sections
1908, 2529, and 2559 (MCL 600.1908, 600.2529,
and 600.2559), section 2529 as amended by 2014
PA 532 and section 2559 as amended by 2018 PA
261.
Dan Pfannes, representing the Michigan Sheriffs' Association, testified in support of HB 4145
and SB 83.
Chair Breen, Representative Brixie and Mitch Albers, representing the Michigan Department
of Attorney General, testified in support of HB 4145, HB 4146, HB 4147, HB 4148, SB 83,
SB 84, SB 85 and SB 86. Questions and discussion followed.
The following person submitted a card in support of HB 4145, HB 4146, HB 4147, HB 4148,
SB 83, SB 84, SB 85 and SB 86, but did not wish to speak:
Dwayne Gill, GSCI, representing the Alliance for Gun Responsibility.
The following person submitted a card in support of HB 4145, HB 4146, HB 4147 and HB
4148, but did not wish to speak:
Matt Black, representing the Michigan Academy of Family Physicians.
The following person submitted a card in support of HB 4145 and HB 4148, but did not wish
to speak:
Kelly Sampson, representing Brady.
The following person submitted a card in support of HB 4145, but did not wish to speak:
Trooper Kristina Droste, representing the Michigan State Police.
The following person submitted a card in support of HB 4146, but did not wish to speak:
Mike Sauger, President, representing the Michigan Fraternal Order of Police.
The following people submitted a card in opposition to HB 4145, HB 4146, HB 4147, HB
4148, SB 83, SB 84, SB 85 and SB 86, but due to the time constraints were unable to speak:
Tom Lambert, representing the Michigan Open Carry.
Brendan Boudreau, representing the Great Lakes Gun Rights.
Representative Dievendorf moved to adopt substitute (H-5) to HB 4145. The motion
prevailed 7-2-4:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins, Tsernoglou.
Nays: Reps. Wozniak, Johnsen.
Pass: Reps. Edwards, Fink, Wendzel, Outman.
Representative Hoskins moved to report out HB 4145 with recommendation, as substitute (H-
5). The motion prevailed 7-5-1:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins, Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: Rep. Edwards.
Representative Tsernoglou moved to report out HB 4146 with recommendation. The motion
prevailed 8-5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: None.
Representative Edwards moved to report out HB 4147 with recommendation. The motion
prevailed 8-5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: None.
Representative Tyrone Carter moved to adopt substitute (H-2) to HB 4148. The motion
prevailed 8-0-5:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: None.
Pass: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Representative Hope moved to report out HB 4148 with recommendation, as substitute (H-2).
The motion prevailed 8-5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: None.
Representative Tsernoglou moved to adopt substitute (H-5) to SB 83. The motion prevailed 8-
5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: None.
Representative Hoskins moved to report out SB 83 with recommendation, as substitute (H-5).
The motion prevailed 8-5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: None.
Representative Dievendorf moved to report out SB 84 with recommendation. The motion
prevailed 8-5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: None.
Representative Arbit moved to adopt substitute (H-2) to SB 85. The motion prevailed 8-5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: None.
Representative Hope moved to report out SB 85 with recommendation, as substitute (H-2).
The motion prevailed 8-5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: None.
Representative Edwards moved to report out SB 86 with recommendation. The motion
prevailed 8-5-0:
FAVORABLE ROLL CALL
Yeas: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins,
Tsernoglou.
Nays: Reps. Fink, Wendzel, Wozniak, Outman, Johnsen.
Pass: None.
There being no further business before the committee, Chair Breen adjourned the meeting at
11:47 AM.
Representative Kelly Breen, Chair
Melissa Sweet
Committee Clerk
msweet@house.mi.gov