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Criminal Justice

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Meeting date: 2024-12-10
Scheduled start: 2024-12-10 09:00:00.000000
Documented start: Not recorded
Documented end: 2024-12-10 18:58:00.000000
Location: Room 519, House Office Building
Official minutes: Open official source ↗

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Actual end: 2024-12-10 18:58:00.000000
Actual start: Not recorded
Chamber: house
Committee id: committee-40
Committee name: Criminal Justice
Evidence text: HOUSE OF REPRESENTATIVES COMMITTEE ON CRIMINAL JUSTICE REP. KARA HOPE CHAIR COMMITTEE MEETING MINUTES Tuesday, December 10, 2024 9:00 AM Room 519, House Office Building The House Committee on Criminal Justice was called to order by Chair Hope. The Chair requested attendance be called: Present: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris, BeGole. Absent: None. Excused: None. Representative Andrews moved to adopt the meeting minutes from December 3, 2024. There being no objection, the motion prevailed by unanimous consent. The Chair laid HB 5698 before the committee: HB 5698 (Rep. Young) A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 67 (MCL 791.267), as amended by 2012 PA 24, and by adding sections 34e, 67c, and 67d. Representative Young testified in support of HB 5698. Questions and discussion followed. Shawanna Vaugh and Richard Griffin, both representing Silent Cry Inc., testified in support of HB 5698. Questions and discussion followed. The following people submitted a card in support of HB 5698, but did not wish to speak: Tony Gant, representing Voting Access for All Coalition (VAAC). Lois Pullano, representing Citizens for Prison Reform. Representative Donavan McKinney. Representative Andrews moved to report out HB 5698 with recommendation. The motion prevailed 8-3-2: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Harris, BeGole. Pass: Reps. Mueller, Bezotte. The Chair laid HB 6112, HB 6113, HB 6114, HB 6115, HB 6116, HB 6117, HB 6118, HB 6119, HB 6120 and HB 6121 before the committee: HB 6112 (Rep. McKinney) A bill to amend 1965 PA 203, entitled "Michigan commission on law enforcement standards act," by amending sections 9, 9a, 9b, 9c, 9d, and 11 (MCL 28.609, 28.609a, 28.609b, 28.609c, 28.609d, and 28.611), sections 9, 9b, 9c, and 9d as amended by 2018 PA 552, section 9a as amended by 2016 PA 289, and section 11 as amended by 2017 PA 198. HB 6113 (Rep. Grant) A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 483a (MCL 750.483a), as amended by 2023 PA 49. HB 6114 (Rep. Grant) A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323. HB 6115 (Rep. Hoskins) A bill to amend 2017 PA 128, entitled "Law enforcement officer separation of service record act," by amending sections 1, 2, 3, and 5 (MCL 28.561, 28.562, 28.563, and 28.565), section 5 as amended by 2018 PA 522, by designating sections 1 and 2 as article 1 and sections 3 to 5 as article 2, and by adding articles 3 and 4. HB 6116 (Rep. McKinney) A bill to amend 1978 PA 397, entitled "Bullard- Plawecki employee right to know act," by amending sections 7 and 9 (MCL 423.507 and 423.509), as amended by 2018 PA 521. HB 6117 (Rep. Brabec) A bill to require law enforcement agencies to adopt certain policies on the use of force by law enforcement officers; to require law enforcement agencies to update the use of force policies; and to provide for the powers and duties of certain state and local governmental officers and entities. HB 6118 (Rep. Wilson) A bill to amend 1966 PA 189, entitled "An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts," by amending section 6 (MCL 780.656). HB 6119 (Rep. Aiyash) A bill to require law enforcement agencies to regulate failures of law enforcement officers to intervene during the use or attempted use of excessive force; to permit law enforcement officers to report certain wrongful conduct observed by those law enforcement officers; and to provide for the powers and duties of certain state and local governmental officers and entities. HB 6120 (Rep. Young) A bill to amend 2006 PA 563, entitled "An act to restrict the use and disclosure of certain statements made by law enforcement officers," by amending section 1 (MCL 15.391), as amended by 2016 PA 302. HB 6121 (Rep. McKinney) A bill to protect the privacy of individuals who report certain incidents of law enforcement officer misconduct; to prohibit the disclosure of the identity of individuals who report certain incidents of law enforcement officer misconduct; to provide exceptions to the prohibition from disclosure; and to prescribe civil sanctions. Rep. Young, Rep. McKinney, Representative Aiyash,and Rep. Grant testified in support of HB 6112, HB 6113, HB 6114, HB 6115, HB 6116, HB 6117, HB 6118, HB 6119, HB 6120 and HB 6121. Questions and discussion followed. Todd Bettison, Detroit Police Chief, testified in support of HB 6112, HB 6113, HB 6114, HB 6115, HB 6116, HB 6117, HB 6118, HB 6119, HB 6120 and HB 6121. Victoria Camille, Detroit Resident, representing herself, testified in support of HB 6112, HB 6113, HB 6114, HB 6115, HB 6116, HB 6117, HB 6118, HB 6119, HB 6120 and HB 6121. Chief Eric Winstrom, representing the Grand Rapids Police Department, testified in support of HB 6118. Tim Bourgeois, representing the Michigan Commission on Law Enforcement Standards, testified in support of HB 6115 and HB 6116. Tim Bourgeois, representing the Michigan Commission on Law Enforcement Standards, testified in opposition to HB 6112. Matt Saxton, representing the Michigan Sheriffs' Association, testified in support of HB 6115, HB 6116, HB 6118, HB 6119 and HB 6120. Questions and discussion followed. Matt Saxton, representing the Michigan Sheriffs' Association, testified in opposition to HB 6112, HB 6113, HB 6114, HB 6117 and HB 6121. Robert Stevenson, representing the Michigan Association of Chiefs of Police, testified in support of HB 6115, HB 6116, HB 6118, HB 6119 and HB 6120. Robert Stevenson, representing the Michigan Association of Chiefs of Police testified in opposition to HB 6112, HB 6113, HB 6114, HB 6117 and HB 6121. The following people submitted a card in support of HB 6112, HB 6113, HB 6114, HB 6115, HB 6116, HB 6117, HB 6118, HB 6119, HB 6120 and HB 6121, but did not wish to speak: Dana Paglia-King, representing the National Association of Social Workers - Michigan Chapter. Paul Stankewitz, representing the Michigan Catholic Conference. Lois Pullano, representing Citizens for Prison Reform. Rachel Richards, representing the Michigan League for Public Policy. Gabrielle Dresner, representing the ACLU of Michigan. Kay Perry, representing MI-CURE. The following person submitted a card in support of HB 6115, HB 6116, HB 6117, HB 6118, HB 6119 and HB 6121, but did not wish to speak: Sgt. Kristina Lidak Droste, representing the Michigan State Police. The following person submitted a card in support of HB 6114, HB 6115, HB 6116, HB 6117, HB 6118, HB 6119 and HB 6120, but did not wish to speak: Herasanna Richards, representing the Michigan Municipal League. The following person submitted a card in support of HB 6113 and HB 6114, but did not wish to speak: Matt Sowash, representing the Police Officers Association of Michigan. The following person submitted a card in opposition to HB 6115, HB 6116, HB 6117, HB 6119, HB 6120 and HB 6121, but did not wish to speak: Matt Sowash, representing the Police Officers Association of Michigan. The following person submitted a card in opposition to HB 6112, HB 6113, HB 6114, HB 6117 and HB 6121, but did not wish to speak: Ron Wiles, representing the Michigan Association of Chiefs of Police. Representative Andrews moved to adopt substitute (H-1) to HB 6112. The motion prevailed 8-5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Young moved to report out HB 6112 with recommendation, as substitute (H- 1). The motion prevailed 7-5-1: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: Rep. Breen. Representative Arbit moved to report out HB 6113 with recommendation. The motion prevailed 7-5-1: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: Rep. Breen. Representative Dievendorf moved to report out HB 6114 with recommendation. The motion prevailed 7-5-1: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: Rep. Breen. Representative Tsernoglou moved to report out HB 6115 with recommendation. The motion prevailed 8-5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Andrews moved to adopt substitute (H-1) to HB 6116. The motion prevailed 8-5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Tyrone Carter moved to report out HB 6116 with recommendation, as substitute (H-1). The motion prevailed 8-5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Young moved to adopt substitute (H-2) to HB 6117. The motion prevailed 8- 5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Arbit moved to report out HB 6117 with recommendation, as substitute (H-2). The motion prevailed 7-5-1: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: Rep. Breen. Representative Dievendorf moved to adopt substitute (H-1) to HB 6118. The motion prevailed 8-5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Tsernoglou moved to report out HB 6118 with recommendation, as substitute (H-1). The motion prevailed 7-5-1: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: Rep. Breen. Representative Andrews moved to adopt substitute (H-1) to HB 6119. The motion prevailed 8-5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Tyrone Carter moved to report out HB 6119 with recommendation, as substitute (H-1). The motion prevailed 7-5-1: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: Rep. Breen. Representative Young moved to adopt substitute (H-1) to HB 6120. The motion prevailed 8- 5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Young moved to report out HB 6120 with recommendation, as substitute (H- 1). The motion prevailed 7-5-1: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: Rep. Breen. Representative Arbit moved to adopt substitute (H-1) to HB 6121. The motion prevailed 8-5- 0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Dievendorf moved to report out HB 6121 with recommendation, as substitute (H-1). The motion prevailed 7-5-1: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: Rep. Breen. The Chair laid HB 5887, HB 5888 and HB 5889 before the committee: HB 5887 (Rep. Fitzgerald) A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 213b. HB 5888 (Rep. Hope) A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2016 PA 150. HB 5889 (Rep. Hill) A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1509. Representative Fitzgerald testified in support of HB 5887, HB 5888 and HB 5889. John and Jessica DeMay, the parents of Jordan DeMay, testified in support of HB 5887, HB 5888 and HB 5889. At 10:27 AM, the Chair laid the committee at ease. At 6:15 PM, the Chair called the committee back to order. Jessica DeMay, representing Jordan DeMay, returned for further testimony. The following person submitted a card in support of HB 5887, HB 5888 and HB 5889, but due to the time constraints were unable to speak: J. Dee Brooks, representing the Prosecuting Attorneys Association of Michigan. The following person submitted a card in support of HB 5887, but due to the time constraints were unable to speak: Eric Winstrom, Chief, representing the Grand Rapids Police Department. The following people submitted a card in support of HB 5887, HB 5888 and HB 5889, but did not wish to speak: Matt Saxton, representing the Michigan Sheriffs' Association. Heath B. Lowry, representing the Michigan Coalition to End Domestic and Sexual Violence. Lois Pullano, representing Citizens for Prison Reform. Mary Pollock, representing the American Association of University Women of Michigan. The following people submitted a card in support of HB 5889, but did not wish to speak: Olivia Ponte, representing the Michigan Department of Education. Jennifer Smith, representing the Michigan Association of School Boards. Representative Breen moved to adopt substitute (H-1) to HB 5887. The motion prevailed 13- 0-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris, BeGole. Nays: None. Pass: None. Representative Young moved to report out HB 5887 with recommendation, as substitute (H- 1). The motion prevailed 13-0-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris, BeGole. Nays: None. Pass: None. Representative Arbit moved to adopt substitute (H-1) to HB 5888. The motion prevailed 13- 0-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris, BeGole. Nays: None. Pass: None. Representative Dievendorf moved to report out HB 5888 with recommendation, as substitute (H-1). The motion prevailed 13-0-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris, BeGole. Nays: None. Pass: None. Representative Tsernoglou moved to adopt substitute (H-1) to HB 5889. The motion prevailed 13-0-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris, BeGole. Nays: None. Pass: None. Representative Andrews moved to report out HB 5889 with recommendation, as substitute (H-1). The motion prevailed 13-0-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris, BeGole. Nays: None. Pass: None. The Chair laid HB 5749 before the committee: HB 5749 (Rep. Tyrone Carter) A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 2021 PA 33. Representative Carter testified in support of HB 5749. Questions and discussion followed. Jessa Webber, representing the Cooley Innocence Project, testified in support of HB 5749. Vittorio Nastasi representing, the Reason Foundation, testified in support of HB 5749. Robert Stevenson, representing the Michigan Association of Chiefs of Police, testified in opposition to HB 5749. The following people submitted a card in support of HB 5749, but did not wish to speak: Lois Pullano, representing Citizens for Prison Reform. Liz Balck, representing the ACLU of Michigan. Steve Delie, representing the Macinac Center for Public Policy. The following person submitted a card in opposition to HB 5749, but did not wish to speak: Matt Saxton, representing the Michigan Sheriffs' Association. Representative Tyrone Carter moved to adopt substitute (H-1) to HB 5749. The motion prevailed 8-5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. Representative Breen moved to report out HB 5749 with recommendation, as substitute (H- 1). The motion prevailed 8-5-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Filler, Mueller, Bezotte, Harris, BeGole. Pass: None. The Chair laid HB 5957 before the committee: HB 5957 (Rep. Hope) 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 sections 1b, 1d, and 1e (MCL 780.621b, 780.621d, and 780.621e), section 1b as added by 2020 PA 188, section 1d as amended by 2021 PA 82, and section 1e as added by 2020 PA 192. At 6:25 PM, the Chair laid the committee at ease. At 6:26 PM, the Majority Vice-Chair Andrews called the committee back to order. Chair Hope testified in support of HB 5957. At 6:28 PM, Majority Vice-Chair Andrews laid the committee at ease. At 6:29 PM, the Chair called the committee back to order. John Cooper, representing Safe and Just Michigan, testified in support of HB 5957. Kamau Saniford, testified in support of HB 5957. The following people submitted a card in support of HB 5957, but did not wish to speak: Noah Smith, representing the Criminal Defense Attorneys of Michigan. Lois Pullano, representing the Citizens for Prison Reform. Paula Bowman and Denise Hartsough, representing the League of Women Voters of Michigan. Aaron Van Langevelde, representing the Michigan Department of Attorney General. The following person submitted a card in opposition to HB 5957, but did not wish to speak: Matt Saxton, representing the Michigan Sheriffs' Association. Representative Young moved to report out HB 5957 with recommendation. The motion prevailed 8-3-2: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou. Nays: Reps. Mueller, Bezotte, BeGole. Pass: Reps. Filler, Harris. The Chair laid HB 6222 and HB 6223 before the committee: HB 6222 (Rep. Breen) A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 232a (MCL 750.232a), as amended by 2023 PA 18. HB 6223 (Rep. Hope) A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2023 PA 200. Representative Andrews moved to report out House Bill No. 6222 with the recommendation that the bill be referred to the Committee on Judiciary. The motion prevailed 13-0-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris, BeGole. Nays: None. Pass: None. Representative Breen moved to report out House Bill No. 6223 with the recommendation that the bill be referred to the Committee on Judiciary. The motion prevailed 13-0-0: FAVORABLE ROLL CALL Yeas: Reps. Hope, Andrews, Tyrone Carter, Breen, Young, Arbit, Dievendorf, Tsernoglou, Filler, Mueller, Bezotte, Harris, BeGole. Nays: None. Pass: None. There being no further business before the committee, Chair Hope adjourned the meeting at 6:58 PM. Representative Kara Hope, Chair Melissa Sweet Committee Clerk msweet@house.mi.gov
Location: Room 519, House Office Building
Media count: 2
Meeting date: 2024-12-10
Meeting id: meeting-1065
Meeting state: held
Minutes url: Open official source ↗
Quorum state: quorum not determined
Scheduled start: 2024-12-10 09:00:00.000000
Session name: 2023-2024

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