Bill Text: MI SB0076 | 2019-2020 | 100th Legislature | Chaptered

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Bill Title: Courts: other; certain crime victims; exempt from jury duty and provide that certain individuals are not practicing law in violation of the revised judicature act. Amends secs. 916 & 1307a of 1961 PA 236 (MCL 600.916 & 600.1307a).

Spectrum: Slight Partisan Bill (Democrat 8-5)

Status: (Passed) 2020-12-30 - Assigned Pa 0307'20 With Immediate Effect [SB0076 Detail]

Download: Michigan-2019-SB0076-Chaptered.html

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Act No. 307

Public Acts of 2020

Approved by the Governor

December 29, 2020

Filed with the Secretary of State

December 29, 2020

EFFECTIVE DATE: June 27, 2021

state of michigan

100th Legislature

Regular session of 2020

Introduced by Senators LaSata, Johnson, Hollier, Irwin, Chang, Wojno, Theis, Polehanki, McMorrow, Moss, Bayer, Barrett and Daley

ENROLLED SENATE BILL No. 76

AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 916 and 1307a (MCL 600.916 and 600.1307a), section 916 as amended by 2000 PA 112 and section 1307a as amended by 2012 PA 69.

The People of the State of Michigan enact:

Sec. 916. (1) A person shall not practice law or engage in the law business, shall not in any manner whatsoever lead others to believe that he or she is authorized to practice law or to engage in the law business, and shall not in any manner whatsoever represent or designate himself or herself as an attorney and counselor, attorney at law, or lawyer, unless the person is regularly licensed and authorized to practice law in this state. A person who violates this section is guilty of contempt of the supreme court and of the circuit court of the county in which the violation occurred, and upon conviction is punishable as provided by law. This section does not apply to a person who is duly licensed and authorized to practice law in another state while temporarily in this state and engaged in a particular matter.

(2) A domestic violence victim advocate’s assistance that is provided in accordance with section 2950c does not violate this section.

(3) An application assistant’s or victim advocate’s assistance that is provided in accordance with the address confidentiality program act does not violate this section.

 

Sec. 1307a. (1) To qualify as a juror, a person must meet all of the following criteria:

(a) Be a citizen of the United States, 18 years of age or older, and a resident in the county for which the person is selected, and in the case of a district court in districts of the second and third class, be a resident of the district.

(b) Be able to communicate in the English language.

(c) Be physically and mentally able to carry out the functions of a juror. Temporary inability must not be considered a disqualification.

(d) Not have served as a petit or grand juror in a court of record during the preceding 12 months.

(e) Not have been convicted of a felony.

(2) A person more than 70 years of age may claim exemption from jury service and must be exempt upon making the request.

(3) A nursing mother may claim exemption from jury service for the period during which she is nursing her child and must be exempt upon making the request if she provides a letter from a physician, a lactation consultant, or a certified nurse midwife verifying that she is a nursing mother.

(4) An individual who is a participant in the address confidentiality program created under the address confidentiality program act may claim exemption from jury service for the period during which he or she is a program participant. To obtain an exemption under this subsection, the individual shall provide his or her participation card issued by the department of attorney general upon his or her certification as a program participant to the court providing evidence that he or she is a current participant in the address confidentiality program.

(5) For the purposes of this section and sections 1371 to 1376, a person has served as a juror if that person has been paid for jury service.

(6) For purposes of this section:

(a) “Certified nurse midwife” means an individual licensed as a registered professional nurse under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, who has been issued a specialty certification in the practice of nurse midwifery by the board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210.

(b) “Felony” means a violation of a penal law of this state, another state, or the United States for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.

(c) “Lactation consultant” means a lactation consultant certified by the International Board of Lactation Consultant Examiners.

(d) “Physician” means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.

 

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 70 of the 100th Legislature is enacted into law.

This act is ordered to take immediate effect.

 

Secretary of the Senate

 

Clerk of the House of Representatives

Approved___________________________________________

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Governor