The Expanding List of Crimes that Restrict Gun Ownership

Feb 2, 2024 | Blog, Michigan Laws, Your Rights

The Expanding List of Crimes that Restrict Gun Ownership in Michigan

Here are the Laws

Domestic Violence

The legislature passed a package of bills that add subsets to certain misdemeanor offenses (identified below) for offenses involving domestic relationships.

See 2023 PA 199 (eff. Feb 13, 2024).

Violation of these provisions are considered domestic violence. Misdemeanors involving domestic violence are defined in MCL 750.224f(10)(c), amended by 2023 PA 201 (eff. Feb 13, 2024), and include the following:

MCL 750.81(2)and (4): Assault or assault and battery of a spouse or former spouse
MCL 750.81a(2): Aggravated assault or assault and battery of a spouse or former spouse
MCL 750.115(2): Entering structure without permission; breaking and entering or entering without breaking
MCL 750.145n(5): Fourth-degree vulnerable adult abuse
MCL 750.377a(1)(d): Malicious destruction of property ($200 or more but less than $1,000)
MCL 750.377a(1)(f): Malicious destruction of property (less than $200)
MCL 750.380(5): Malicious destruction of house, barn, or building ($200 or more but less than $1,000; or less than $200 with one or more prior convictions)
MCL 750.380(7): Malicious destruction of house, barn, or building (less than $200)
MCL 750.411h(2)(c): Stalking
MCL 750.540e(1)(h): Malicious use of a telecommunications service or device

Importantly, under MCL 750.224f(5), amended by 2023 PA 201 (eff. Feb 13, 2024), an offender convicted of a misdemeanor involving domestic violence, as listed above,

shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition in this state until the expiration of 8 years after all of the following circumstances exist:

(a) The person has paid all fines imposed for the violation.

(b) The person has served all terms of imprisonment imposed for the violation.

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Other Crimes

In addition to domestic violence measures, 2023 PA 201 (eff. Feb 13, 2024) expands the definition of felony to include violations “punishable by imprisonment for a term exceeding 1 year.” MCL 750.224f(10)(b), amended by 2023 PA 201 (eff. Feb 13, 2024) (emphasis added). Previously, a felony was defined as a violation of law punishable by imprisonment for four or more years. Consequently, 2023 PA 201 increases the number of offenses that fall under the three-year firearms and ammunition prohibition in MCL 750.224f(1).

Juvenile Reforms

Screening Tools and Risk Assessment

2023 PA 287 (eff. Oct 1, 2024) amends the Juvenile Diversion Act, MCL 722.822, .823, .826, and .829, to allow the use of risk and mental health screening tools before a diversion decision for the minor is made. The amended act states that these tools may not be conducted on a minor who is either (1) accused or charged with a specified juvenile violation or (2) currently under supervision in the juvenile justice system by the court or the Department of Health and Human Services. A minor may not be diverted under the act unless a law enforcement official or court intake worker (1) receives the results of a risk screening tool and a mental health screening tool for the minor and (2) uses the results of the risk screening tool and the mental health screening tool as well as the best interests of public safety and the minor to inform the decision to divert the minor.

In addition, 2023 PA 289 (eff. Oct 1, 2024) amends MCL 712A.2f to require a court to consider the results of a screening before placing a juvenile’s case on the consent calendar. The results of a screen under these amendments are confidential case records.

The procedure for juvenile detention has also been modified. 2023 PA 290 (eff. Oct 1, 2024) amends MCL 712A.15 and .16 to state that before a juvenile may be detained in a secure facility pending hearing, an individual or agency must use a detention screening tool on the juvenile. The court then must consult those results and follow any rules regarding their use. The amendments further specify that any statement or incriminating evidence obtained during screening is not admissible as evidence in a court proceeding.

2023 PA 298 (eff. Oct 1, 2024) amends MCL 712A.18 to require a designated, trained individual or agency to conduct a risk and needs assessment for each juvenile before a disposition. The amendment also requires a court to consider the results of the assessment, in addition to other factors, when making a disposition decision. Finally, the amended statute requires an additional assessment if six months have passed, if the juvenile experienced a major life event, or if there was a major change in the juvenile’s proceedings.

Factors to Consider to Try a Juvenile as an Adult

Effective October 1, 2024, 2023 PA 291 amends MCL 712A.2d, .2f, and .4 by modifying the factors a court must consider before trying a juvenile as an adult. These factors now include

the seriousness of the alleged offense in terms of community protection;
the juvenile’s culpability in committing the alleged offense;
the juvenile’s prior record of delinquency that would be a crime if committed by an adult;
the juvenile’s programming history, including any out-of-home placement or treatment, and the juvenile’s past willingness to participate meaningfully in available programming;
the adequacy of the programming available to rehabilitate and hold accountable the juvenile in the juvenile justice system and the juvenile’s amenability to treatment;
the dispositional options available for the juvenile;
the juvenile’s developmental maturity, emotional health, and mental health;
if the juvenile is a member of a federally recognized Indian tribe, culturally honoring traditional values of the juvenile’s tribe; and
the effect on any victim.

See MCL 712A.2d(2)(a)–(i), amended by 2023 PA 291 (eff. Oct 1, 2024).

Time to Complete Diversion

2023 PA 288 (eff. Oct 1, 2024) amends MCL 722.825 and .826 to limit the time a minor has to complete a diversion agreement to not exceed three months unless it is determined that a longer term is necessary.

Delinquent Accounts

2023 PA 292 (eff. Oct 1, 2024) amends MCL 600.4803 to exempt a juvenile or their parent or guardian from a late penalty if the juvenile failed to pay a fee or cost associated with the proceedings in 56 days. Furthermore, 2023 PA 293 (eff. Oct 1, 2024) amends MCL 769.1 to delete certain provisions relating to reimbursement for court fees in a juvenile case.

Crime Victims’ Rights

MCL 760.21b(1), added by 2023 PA 180 (eff. Feb 13, 2024), states in part that “[a] police officer or a prosecuting attorney may provide a domestic or sexual violence service provider agency with the name, demographics, and other pertinent information of, and information to facilitate contact with, a victim of domestic or sexual violence for the purpose of offering supportive services to the victim.”

2023 PA 179 (eff. Feb 13, 2024) amends MCL 780.758, .788, and .818 to specify that certain items already exempted under the Freedom of Information Act, such as pictures, photographs, drawings, or other visual representations, including any film, videotape, or digitally stored image of a victim that is made available through a public court proceeding streamed on the Internet or other means, may be blurred.

2023 PA 178 (eff. Feb 13, 2024) amends MCL 780.765, .793, and .825 to allow a victim to remotely provide an oral impact statement at a disposition or sentencing.

Reproductive Rights

Numerous bills were passed, including 2023 PA 205, 208, and 286 (all effective February 13, 2024), that codify the rights to reproductive freedom and repeal and modify certain acts to reflect this codification. The repealed or modified acts include the following:

MCL 333.1081 et seq.: Legal Birth Definition Act
MCL 333.1091: Family planning or reproductive services; allocation of funds
MCL 550.541 et seq.: Abortion Insurance Opt-Out Act
MCL 750.323: Manslaughter; death of quick child or mother from use of medicine or instrument

Hate Crimes

2023 PA 277 (eff. Feb 13, 2024) added MCL 750.147c to the Michigan Penal Code to state that a person is guilty of institutional desecration if the offender “maliciously and intentionally destroys, damages, defaces, or vandalizes, or makes a true threat to destroy, damage, deface, or vandalize” specified institutions identified in MCL 750.147c(1)(a)–(g) “because of the actual or perceived race, color, religion, sex, sexual orientation, gender identity or expression, physical or mental disability, age, ethnicity, or national origin of another individual or group of individuals, regardless of the existence of any additional motivating factors.” The act includes felony and misdemeanor punishments, depending on the dollar value of the property damage or injury.

Vulnerable Adults

MCL 750.145h(1), added by 2023 PA 275 (eff. Mar 7, 2024), states in part that “[a] person shall not intentionally or knowingly harass, abuse, threaten, force, coerce, compel, or exploit the vulnerability of a vulnerable adult in a manner that causes the vulnerable adult to provide that person, or any other person, sexually explicit visual material.” The statute also provides for misdemeanor and felony penalties for these offenses.

Health Professionals

Numerous bills were passed to protect health professionals and medical volunteers. MCL 750.81, .81a, and .82, which govern assaults, were amended by 2023 PA 271 and 272 (both effective March 5, 2024) to specify that if the victim of an assault is a health professional or medical volunteer and the offense occurs while the victim is performing their duties, the offender is subject to an enhanced penalty. In addition, the statutes require health facilities to post prominent, visible signs about the enhanced penalty.

Elections

MCL 168.931b(1), added by 2023 PA 253 (eff. Feb 13, 2024), states in part that “[a]n individual who intimidates an election official because of the election official’s status as an election official, with the specific intent of interfering with the performance of that election official’s election-related duties, is guilty of a crime.” The new law also criminalizes actions that prevent an election official from performing their duties. It does not apply to “constitutionally protected activity,” such as “reporting, news gathering, protesting, lobbying, advocacy,” or other activities of public interest or concern.

DUI for Alcohol or Marijuana or Prescription Drugs - Fight it

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Forensic Science Division – DNA Profiling System

Jan 31, 2024 | Blog, Michigan Laws

The Michigan State Police Forensic Science Division (FSD) DNA Profiling System is a comprehensive program that uses DNA analysis to support criminal investigations throughout the state. The system is housed within the Biometrics and Identification Division (BID), which was formed in 2011 to consolidate the MSP’s forensic resources and expertise.

The FSD DNA Profiling System is comprised of three main components:

DNA laboratories: The MSP operates seven regional forensic laboratories across the state, each of which is equipped to conduct DNA analysis. These laboratories are staffed by highly trained forensic scientists who use cutting-edge technology to extract, analyze, and interpret DNA evidence.

Combined DNA Index System (CODIS): CODIS is a national database that stores DNA profiles from convicted offenders, unsolved crime scenes, and missing persons. The MSP’s CODIS laboratory compares DNA evidence from crime scenes to profiles in the CODIS database to identify suspects or link crimes together.

DNA Database Unit: The DNA Database Unit is responsible for collecting and storing DNA samples from convicted offenders and felony arrestees, as required by state law. The unit also manages the MSP’s CODIS program and provides training and support to law enforcement agencies throughout Michigan.

The FSD DNA Profiling System has been instrumental in solving a wide range of crimes, from homicides and sexual assaults to burglaries and robberies.

In 2020, the MSP’s DNA laboratories processed over 10,000 DNA samples and made over 1,200 CODIS matches.

The FSD DNA Profiling System is a valuable tool for law enforcement in Michigan. It helps to identify suspects, solve crimes, and bring criminals to justice. The system is also a powerful deterrent to crime, as criminals know that their DNA may be used to identify them if they are caught.

Here are some additional details about the FSD DNA Profiling System:

The system is accredited by the American Society of Crime Laboratory Directors (ASCLD/LAB).
The system is funded by a combination of state and federal grants.
The system is available to all law enforcement agencies in Michigan.

Here are the rules

DEPARTMENT OF STATE POLICE

FORENSIC SCIENCE DIVISION

DNA PROFILING SYSTEM

(By authority conferred on the department of state police by section 3 of 1990 PA

250, MCL 28.173)

R 28.5051 Definitions.

Rule 1. As used in these rules:
(a) “CODIS” means the federal bureau of investigation’s combined DNA Index
System.
(b) “Offender” means an individual who is required to provide a DNA sample for a
qualifying offense at arrest or upon conviction or a finding of responsibility under
1931 PA 328, MCL 750.520m and 1990 PA 250, MCL 28.176(1) or any other applicable
law.
(c) “Sample” means a source of cellular DNA that is collected using the DNA
collection kit provided by the department.
(d) “Upon conviction” means within a reasonable time after conviction and
sentencing or disposition, but before the offender’s release or transfer from state or county custody, as applicable.
(e) “At arrest” means within a reasonable time after arrest, typically during the
booking process.
(f) “Designated agency” means the law enforcement agency that is
responsible for the sample collection and transmittal of the sample to the department.
(g) “DNA” means deoxyribonucleic acid, the heredity material contained in nuclear
cells.
(h) “Department” means the Michigan department of state police.
(i) “Qualifying offense” means those offenses for which an individual provides a
sample for DNA testing as required by law at arrest, upon conviction, or upon a
finding of responsibility.
(j) “Profile” means the results of the DNA identification profiling of a sample,
including a paper, electronic, or digital record.

R 28.5052 Applicability.

Rule 2. These rules apply to the collecting of samples from the following individuals:

(a) Offenders who are arrested for a qualifying offense under 1931 PA 328, MCL
750.520m(1)(a).
(b) Offenders who are convicted of a qualifying offense under 1990 PA 250, MCL
28.176(1)(b).
(c) Offenders who are prisoners and have not already provided a sample as
required by 1953 PA 232, MCL 791.233d(1) that meets the requirements of these rules.
(d) Juvenile offenders who are found responsible for a qualifying offense under
1990 PA 250, MCL 28.176(1)(a) and 1939 PA 288, MCL 712A.18k.
(e) Juvenile offenders who are under the supervision of the state department or
county juvenile agency under 1988 PA 73, MCL 803.225a and have not already
provided a sample that meets the requirements of these rules.
(f) Juvenile offenders who are public wards under 1974 PA 150, MCL
803.307a(1) and have not already provided a sample that meets the
requirements of these rules.

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28.5053 Responsibility for collecting samples.

Rule 3.

(1) The departmentshall provide DNA collection kits to eachdesignated agency. Each designated agency shall contact the department to order DNA collection kits. Each agency shall designate a point of contact correspond with the department regarding matters concerning DNA collection. Each agency shall notify the department of the designated point of contact’s name, address, and telephone number at which the department may direct correspondence to the point of contact regarding matters concerning DNA collection. If the designated point of contact has an e-mail address, the address shall also be provided to the department.

(2) DNA collection kits shall be only used for collecting samples from offenders.
DNA collection kits shall not be used to collect evidentiary samples for submission in criminal cases.

(3) The designated agency shall provide gloves to the individual performing
the collection. The individual performing the collection shall wear gloves at all times while performing sample collection and packaging.

(4) Each designated agency shall determine if a DNA sample is already on file for
the offender through the criminal history record. DNA samples shall not be collected when the criminal history record indicates a DNA sample has previously been obtained from the offender.

(5) If a determination is made that sample collection from the offender is required,
then the following shall apply as to the designated agencies:

(a) When applicable law requires sample collection upon arrest of an offender,
the investigating law enforcement agency is the designated agency. The collection of a sample from the offender and transmittal of the sample to the department shall be completed within 30 days of the arrest.
(b) When applicable law requires sample collection upon conviction or a finding
of responsibility, unless otherwise ordered by the court, the investigating law
enforcement agency is the designated agency. If the designated investigating law
enforcement agency does not collect a sample from the offender within 15 days of conviction or finding of responsibility, the county sheriff is then the designated agency for collection unless otherwise ordered by the court. If a sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before any transfer or release of the offender, whatever the terms of incarceration. If theoffender will be incarcerated for more than 30 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed within 30 days of the conviction or finding of responsibility.

(c) When applicable law requires sample collection before release from serving a term of incarceration in a facility under the control of the county sheriff, the county sheriff is the designated agency. If a sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before any transferor release of the offender, whatever the term of incarceration. If the offender will be incarcerated for more than 90 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed 90 days prior to the offender’s release.

(d) When applicable law requires sample collection from an offender and the offender is transferred into a facility under the control of the Michigan department of corrections to serve a term of incarceration, the Michigan department of corrections is the designated agency. If the sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before release of the offender, whatever the term of incarceration. If the offender will be incarcerated for more than 90 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed within 90 days of receipt of the offender into the facility.

(e) When applicable law requires sample collection from an offender and the offender is serving a term of incarceration in a facility under the control of the Michigan department of corrections, the Michigan department of corrections is the designated agency. If a sample has not already been collected, collection of a sample from the offender and transmittal of the sample to the department shall occur before release of the offender, whatever the term of incarceration. If the offender will be incarcerated for more than 1 year, the collection of a sample from the offender and transmittal of the sample to the department shall be completed a minimum of 1 year prior to the offender’s release.

(f) When applicable law requires sample collection from an offender and the offender is placed under the supervision of a state department or county juvenile agency or is declared a public ward, the investigating law enforcement agency is the designated agency. Collection of a sample from the offender and transmittal of the sample to the department shall occur before any transfer or discharge from wardship, whatever the term of supervision. If the offender will be under supervision for more than 30 days, the collection of a sample from the offender and transmittal of the sample to the department shall be completed within 30 days of the offender being placed under supervision.

R 28.5054 Procedures for sample collection.

Rule 4.

(1) An offender shall be positively identified by the designated agency or its designee before the samples are taken. The state identification number associated with the offender, if there is an assigned state identification number, shall be used for this purpose and recorded in the specified area on the DNA collection card.

(2) After the offender is positively identified, the designated agency shall collect
samples from the offender according to the collection instructions included in the
DNA collection kit. The sample collection shall be performed by the designated agency
or its designee; however, the designee shall not be the offender. The designated agency
shall provide gloves to the individual performing the collection. The individual
performing the collection shall wear gloves at all times while performing sample
collection and packaging.

(3) Only the DNA collection kit provided by the department shall be used to collect
samples.

(4) The DNA collection card shall be completed by the designated agency prior to
beginning sample collection. All relevant information requested on the DNA collection
card shall be provided. The DNA collection card shall bear the fingerprint impressions
of the offender’s thumbs in the spaces indicated on the DNA collection card.

(5) The collecting, labeling, storing, handling, and transmitting of the samples
collected shall comply with the collection instructions included in the DNA collection
kit. Within 72 hours of sample collection, the DNA collection kit shall be transmitted
to the department by hand delivery, U.S. Mail, or certified carrier.

R 28.5055 Profile record storage and access.

Rule 5.

(1) The national DNA database system “CODIS” shall be used to file, catalog, retrieve, and compare DNA profiles.

(2) Access and use of the CODIS system shall be in accordance with federal law, memorandum of understanding with the federal bureau of investigation for participation in CODIS, all applicable CODIS rules, polices or procedures, and any licensing agreements established by the United States government.

R 28.5056 Privacy protection.

Rule 6.

The results of the DNA profiling shall be disclosed only as provided in 1990 PA 250, MCL 28.176(2).

R 28.5057 Authorized use.

Rule 7.

The department shall only use samples and/or test results for the purposes provided in 1990 PA 250, MCL 28.175a (the DNA IDENTIFICATION PROFILING SYSTEM ACT).

R 28.5058 Disposal of samples and profiles.

Rule 8.

A sample or profile shall not be disposed of if the department determines the individual has otherwise become obligated to submit a sample or if the disposal of the sample would destroy sample or data relating to another individual who would otherwise be retained.

If the sample is eligible for disposal, the sample shall be disposed of in the following instances:

(a) Disposal is ordered by a court of proper jurisdiction in accordance with 1990 PA 250, MCL 28.176(10).

(b) The department receives awritten request for disposal from the investigating police agency or prosecutor in accordance with 1990 PA 250, MCL 28.176(11).

(c) The department receives a written request for disposal and a certified copy of a final court order in accordance with 1990 PA 250, MCL 28.176(11)(b).

R 28.5059 Effect of noncompliance with rules.

Rule 9.

The uploading of DNA profiles into the state DNA database may be denied if the designated agency fails to comply with these rules.

SOURCE FOR RULES: Courtesy of www.michigan.gov/orr

Current PDF

Don’t forget to always check for updates if you are going to use this information for legal purposes and you should probably consult a lawyer.

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Examining Michigan’s Act 247 and the Publication of Notices

Jan 15, 2024 | Blog, Michigan Laws

Are Newspapers Still the Town Crier in a Digital Age?

Examining Michigan’s Act 247 and the Publication of Notices

In today’s rapidly evolving digital landscape, the role of traditional media like newspapers is constantly under scrutiny. Yet, in Michigan, a 1963 law, Act 247, still mandates the publication of certain legal notices in newspapers. This blog delves into the intricacies of Act 247 and its continued relevance in the 21st century.

Act 247: A Legacy of Public Awareness

Enacted in 1963, Act 247 governs the publication of legal notices in newspapers within the state of Michigan. These notices encompass a wide range of official matters, including:

Public hearings: Announcements of public hearings regarding zoning changes, construction projects, and other issues affecting local communities.
Estate matters: Probate notices, notifications of creditors, and changes in estate administration.
Tax information: Delinquent property tax notices, public auctions, and changes in tax rates.
Election information: Dates, deadlines, and candidate qualifications for upcoming elections.
Business formation: Notices of business incorporation, mergers, and dissolutions.

The rationale behind Act 247 is rooted in the principle of public access to information. Newspapers, with their widespread circulation and historical role as community hubs, were seen as the most effective means to ensure that all citizens were aware of important legal proceedings and decisions impacting their lives.

Have you been charged with a crime?
Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?

Call our office to see if we can help
Komorn Law 248-357-2550

The Digital Dilemma: Is Print Still King?

However, the digital revolution has challenged the primacy of newspapers. Online news platforms and social media have emerged as powerful alternatives for disseminating information.

Critics argue that relying on print publications for legal notices is outdated and inefficient, potentially excluding those who don’t regularly read newspapers or have limited internet access.

Furthermore, the cost of publishing legal notices in newspapers can be significant, especially for small businesses and individuals.

This raises concerns about accessibility and affordability, particularly for marginalized communities who do not have the desire to read a newspaper.

Finding a Balance: The Future of Legal Notices

Despite these challenges, Act 247 continues to hold value. Newspapers, with their established legal framework and editorial standards, offer a level of authenticity and accountability that online platforms may not always provide. Additionally, many local newspapers maintain strong ties to their communities, ensuring wider reach than solely online platforms.

Moving forward, the key lies in finding a balance between tradition and innovation. Exploring alternative publication methods, such as online government portals or designated community notice boards, could improve accessibility and reduce costs. However, it’s crucial to ensure these alternatives are equally reliable and reach the intended audiences.

—> Link to online public notices for Michigan.

The debate surrounding Act 247 and the publication of legal notices in newspapers reflects a broader conversation about the evolving role of traditional media in a digital age. While embracing new technologies is essential, it’s equally important to recognize the strengths and value of established systems like newspapers. Finding a way to leverage both the reach of the digital world and the reliability of traditional media can ensure that all citizens have access to the information they need to participate actively in their communities.

Here’s the Michigan Law (Link)

PUBLICATION OF NOTICES IN NEWSPAPERS (EXCERPT)
Act 247 of 1963

691.1051 Newspaper; definition; publication of notices; duties of newspaper operator.

Sec. 1.

(1) As used in any statute of this state in relation to the publication of a notice of any kind, unless the statute expressly provides otherwise, “newspaper” means a print publication published in the English language for the dissemination of local news of a general character or for the dissemination of legal news to which all of the following apply:

(a) There is a bona fide list of paying subscribers to the publication or the publication has been published at not less than weekly intervals in the same community without interruption for at least 2 years.

(b) The publication has been published and of general circulation at not less than weekly intervals without interruption for at least 1 year in the required area. A newspaper shall not lose eligibility for interruption of continuous publication due to any of the following:

(i) An act of God.

(ii) Labor disputes.

(iii) The COVID-19 pandemic, for the period beginning March 10, 2020 through the end of the COVID-19 pandemic.

(iv) Military service of the publisher for a period not to exceed 2 years and provided publication is resumed within 6 months following the termination of such military service.

(2) A person that operates a newspaper in which a notice is published under this section shall do both of the following, at no additional cost beyond what the person charges for the print publication:

(a) Within 72 hours of receipt of a request to publish a notice, provide access to the notice on the website of the newspaper. The website must satisfy all of the following requirements:

(i) The website homepage must have a link that takes a viewer to an area of the website where notices published under this section are available for viewing. This area of the website cannot be placed behind any sort of pay wall and the public must be able to read the notices at no charge.

(ii) Notices published under this section must remain on the website during the full required publication period.

(iii) Notices published under this section must remain searchable on the website as a permanent record of the publication.

(b) Place the notice on a website that is established and maintained by a state association of newspapers that represents a majority of newspapers in this state as a comprehensive central repository for notices published under this section throughout this state. The website must do all of the following:

(i) Provide for searching for a notice published under this section by criteria contained in the notice.

(ii) Maintain all notices published under this section on a permanent basis.

(iii) Provide access through standard computer browsers and mobile platforms, such as smartphones and tablets.

(iv) Provide a method to alert the public of notices published under this section by text message or email notification, or both.

(3) An error or omission in the posting of a notice on the internet under subsection (2) does not invalidate the notice published in the print version of the newspaper.

(4) If there is no publication that meets the definition in subsection (1) in the required area, “newspaper” means a publication in an adjoining county, township, city, village, district, or other geographic territory, as applicable, that meets the definition in subsection (1).

(5) A person that operates a newspaper that publishes a notice shall maintain a permanent and complete printed copy of each published edition that contains the notice for archival and verification purposes in the required area.

(6) A publication that meets the definition under subsection (1) but that is controlled by the person on whose behalf the notice is published or by an officer, employee, agent, or affiliate of the person is not qualified to serve as a newspaper for publication of the notice.

(7) As used in this section:

(a) “Controlled” means that the person has 1 or more of the following:

(i) Ownership of or the power to vote, directly or indirectly, more than 50% of a class of voting securities or voting interests of the person that operates the publication.

(ii) Power by the person’s own action to elect or appoint a majority of executive officers, managers, directors, trustees, or other persons exercising managerial authority of the person that operates the publication.

(iii) The legal right by the person’s own action to direct, restrict, regulate, govern, or administer the management or policies of the person that operates the publication.

(b) “End of the COVID-19 pandemic” means the earliest date after March 10, 2020 on which none of the following are in effect:

(i) A presidential declaration of national emergency under the national emergencies act, 50 USC 1601 to 1651, relating to COVID-19.

(ii) An executive order issued by the governor during a state of disaster or emergency declared under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, or 1945 PA 302, MCL 10.31 to 10.33, relating to COVID-19.

(iii) An emergency order issued under section 2253 of the public health code, 1978 PA 368, MCL 333.2253, relating to COVID-19.

(d) “News and editorial content” means any content other than paid advertising.

(e) “Notice” includes an order, ordinance, advertisement, report, and any other statement or information required by statute to be published.

(f) “Required area” means the county, township, city, village, district, or other geographic territory where the statute requires the notice to be published or the newspaper to be published, circulated, or printed.

(g) “Website” means a collection of pages of the internet, usually in html format, with clickable or hypertext links to enable navigation from 1 page or section to another, that often uses associated graphics files to provide illustration and may contain other clickable or hypertext links.

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Can employers test for weed in 2024?

Jan 10, 2024 | Blog, Michigan Laws

A bill enacted into California law in 2024 prohibits employers from discriminating against individuals based on their off-duty and off-site use of cannabis, as it relates to their employment.

The bill provides an extra level of safeguard for marijuana users in California, but does it suggest a full prohibition on employers conducting marijuana tests in the state?

Testing

The new law, Assembly Bill 2188, clearly states that employers cannot terminate employees based on the presence of cannabis in their hair, blood, or urine. Furthermore, it is now against the law for employers to inquire about an applicant’s consumption of cannabis or marijuana.

This means that individuals who have previously used marijuana cannot face penalties for their past use. Furthermore, individuals are protected from any penalties for using marijuana outside of the workplace and during non-working hours.

Affects Mental Processes

AB 2188 often mentions the “psychoactive” properties of cannabis Defined by the World Health Organization as this -> Definition <.

While the bill provides certain protections, it remains illegal to be under the influence of marijuana or bring it into the workplace.

AB 2188 mandates drug tests that specifically target impairing effects. It is crucial to note that standard marijuana tests do not identify any factors that could negatively impact an employee’s performance.

While it is widely acknowledged that employees should not arrive at a worksite while under the influence or impaired, it is important to note that most cannabis tests only indicate the presence of the nonpsychoactive cannabis metabolite.

These test results do not demonstrate any correlation with job impairment. However, it is crucial to maintain a responsible and safe working environment by prioritizing employee well-being and adhering to workplace policies regarding substance use and impairment.

However, it should be noted that there are additional types of tests that are allowed and these tests do not assess the existence of nonpsychoactive cannabis metabolites.

The purpose of drug tests is to identify potentially impaired employees. These tests include impairment tests that measure an individual employee’s performance against their own baseline, as well as tests that detect the presence of THC in an individual’s bodily fluids, as indicated by the bill.

Exemption

This law does not apply to employers in the building and construction trades or employees hired for “positions that require a federal government background investigation.”

Additionally, state and federal laws remain that test applicants and employees for controlled substances.

What about Michigan?

Michigan dropping marijuana drug testing for some new-hires

Michigan dropping marijuana drug testing for some new-hires on Oct. 1

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Here’s the California Law below and the link here

Assembly Bill No. 2188
CHAPTER 392

An act to add Section 12954 to the Government Code, relating to employment.

[ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ]

LEGISLATIVE COUNSEL’S DIGEST

AB 2188, Quirk. Discrimination in employment: use of cannabis.

Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The act prohibits various forms of employment discrimination and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices.

This bill, on and after January 1, 2024, would also make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace, except for preemployment drug screening, as specified, or upon an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The bill would exempt certain applicants and employees from the bill’s provisions, including employees in the building and construction trades and applicants and employees in positions requiring a federal background investigation or clearance, as specified. The bill would specify that the bill does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.

DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no

BILL TEXT

THE “PEOPLE” OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

The Legislature finds and declares both of the following:
(a) Tetrahydrocannabinol (THC) is the chemical compound in cannabis that can indicate impairment and cause psychoactive effects. After tetrahydrocannabinol is metabolized, it is stored in the body as a nonpsychoactive cannabis metabolite. These metabolites do not indicate impairment, only that an individual has consumed cannabis in the last few weeks.
(b) The intent of drug tests is to identify employees who may be impaired. While there is consensus that an employee should not arrive at a worksite high or impaired, when most tests are conducted for cannabis, the results only show the presence of the nonpsychoactive cannabis metabolite and have no correlation to impairment on the job.
(c) As science has improved, employers now have access to multiple types of tests that do not rely on the presence of nonpsychoactive cannabis metabolites. These alternative tests include impairment tests, which measure an individual employee against their own baseline performance and tests that identify the presence of THC in an individual’s bodily fluids.

SEC. 2. Section 12954 is added to the Government Code, to read:

12954. (a) It is unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon any of the following:
(1) The person’s use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.
(2) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.
(b) Nothing in this section permits an employee to possess, to be impaired by, or to use, cannabis on the job, or affects the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by federal law or regulation.
(c) This section does not apply to an employee in the building and construction trades.
(d) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.
(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.

(f) This section shall become operative on January 1, 2024.

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Understanding the Process and Rules of Impeachment in Michigan

Jan 9, 2024 | Blog, Michigan Laws

Understanding the Process and Rules of Impeachment in Michigan

Michigan’s history with impeachment is relatively short, with the first and only instance occurring in 1975 against Governor William Milliken.

However, the process outlined in the state’s constitution and further detailed in the Michigan Compiled Laws Act 62 of 1872 remains a relevant and important safeguard against misconduct by public officials.

Take a dive into the impeachment rules and laws in Michigan

Grounds for Impeachment:

As per MCL Act 62, impeachment in Michigan can be initiated against any state officer, including the governor, lieutenant governor, secretary of state, attorney general, and justices of the supreme court.

The grounds for impeachment are outlined in the Michigan Constitution, Article IX, Section 7, and encompass a range of offenses, including:

Treason: Betraying the state or aiding its enemies.
Bribery: Accepting or offering bribes in exchange for official action.
Misconduct in office: Any act that constitutes a violation of the public trust or a breach of duty by an official.
High crimes and misdemeanors: This catch-all category encompasses serious offenses that, while not specifically defined, are deemed to be detrimental to the state and its citizen

The Impeachment Process:

The impeachment process in Michigan is a two-stage procedure:

1. House of Representatives:

The process begins in the House of Representatives, where a majority vote is required to initiate an impeachment inquiry.

If the inquiry finds sufficient evidence of wrongdoing, the House can vote to impeach the official by a two-thirds majority.

Upon impeachment, the official is suspended from office until the Senate trial.

2. Senate Trial:

The Senate then conducts a trial, presided over by the Chief Justice of the Supreme Court.

Both the House and the impeached official are represented by counsel and have the right to present evidence and witnesses.

A two-thirds majority vote in the Senate is required to convict the official and remove them from office.

MCL Act 62 and the Impeachment Process:

MCL Act 62 provides further details and procedures related to the impeachment process. It outlines:

The specific steps involved in forming an impeachment inquiry committee in the House.

The rules of evidence and procedure during the Senate trial.

The potential consequences of conviction, including removal from office and disqualification from holding future public office.

Michigan Laws

IMPEACHMENTS

Act 62 of 1872AN ACT regulating trials of impeachment and providing for the expenses thereof.History: 1872, Act 62, Imd. Eff. Mar. 30, 1872

6.1 Impeachment of civil officers; power of house, suspension; vacancies.

Sec. 1.

That the house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes and misdemeanors, but a majority of the members elected shall be necessary to direct an impeachment. Every officer impeached may by the governor be suspended in the exercise of his office until his acquittal, and the governor may make a provisional appointment to a vacancy occasioned by the suspension of an officer until he shall be acquitted, or until after the election and qualification of a successor.

6.2 Impeachment; trial by senate, judgment.

Sec. 2.

Every impeachment shall be tried by the senate. When the governor or lieutenant governor is tried the chief justice of the supreme court shall preside. When an impeachment is directed the senate shall take an oath or affirmation truly and impartially to try and determine the same according to the evidence. No person shall be convicted without the concurrence of 2/3 of the members elected. Judgment, in case of impeachment, shall not extend further than removal from office, but the party convicted shall be liable to punishment according to law.

6.3 Impeachment; prosecution by house.

Sec. 3.

When an impeachment is directed, the house of representatives shall elect from their own body 3 members, whose duty it shall be to prosecute such impeachment, and the house of representatives are hereby authorized to empower the said managers to prepare and present articles of impeachment in accordance with resolutions of said house.

6.5 Impeachment; appearance and answer of accused.

Sec. 5.

The senate when so organized shall forthwith cause the person impeached to appear and to answer the charge exhibited against him and upon his appearance, he shall be entitled to a copy of the articles of impeachment, and to a reasonable time to answer the same.

6.6 Impeachment; counsel for accused.

Sec. 6.

The person accused shall be allowed counsel on the trial of the impeachment.

6.7 Impeachment; trial, time, place, adjournment.

Sec. 7.

When issue shall be joined in an impeachment, the senate, sitting as a court for the trial of the same shall appoint a time and place for the trial thereof. At the time and place so appointed, the senate, as a court, shall proceed to hear, try and determine the impeachment, and may from time to time, if necessary, adjourn the trial to any other time or place at the state capital.

6.8 Impeachment; acquittal.

Sec. 8.

If 2/3 of all the members elected to the senate shall not assent to a conviction, the person impeached shall be declared acquitted.

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Has your professional license been suspended?
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Call our office to see if we can help
Komorn Law 248-357-2550

6.9 Impeachment; president of senate, notice to senate.

Sec. 9.

If the president of the senate shall be impeached, notice thereof shall be immediately given to the senate by the house of representatives, that another president may be chosen.

6.11 Impeachment; duties of secretary; record of proceedings, oaths.

Sec. 11.

It shall be the duty of the secretary of the senate in all cases of impeachment to keep a full and accurate record of the proceedings which shall be taken and held as a public record, and he shall have power to administer all requisite oaths or affirmations.

6.12 Impeachment; senate appointment and removal of subordinate officers.

Sec. 12.

The senate sitting as a court of impeachment shall have power from time to time to appoint such subordinate officers or clerks and reporters as may be necessary for the convenient transaction of business, and at any time to remove such officers.

6.13 Impeachment; powers of managers, rights of process.

Sec. 13.

The managers elected by the house of representatives, shall have all necessary powers for conducting the trial of impeachments before the senate, and they, and also the person impeached, shall severally be entitled to process for compelling the attendance of persons, or the production of papers and records required for the trial of the impeachment.

6.14 Impeachment; senate rules and regulations.

Sec. 14.

The senate sitting as a court of impeachment, shall have full power and authority to establish such rules and regulations as may be necessary in the trials of impeachment.

6.15 Impeachment; compensation of members of court, managers, and other officers; payment.

Sec. 15.

The presiding officer and members of the senate, while sitting as a court of impeachment, and the managers elected by the house, shall receive the sum of 5 dollars each per day, and mileage at the rate of 10 cents per mile in going from and returning to their places of residence by the ordinarily traveled routes; and the compensation of the secretary, sergeant-at-arms, and all subordinate officers, clerks, and reporters, shall be an amount as shall be established by the vote of the members of the court. The state treasurer shall, upon presentation of a certificate or certificates signed by the presiding officer and secretary of the senate pay all the expenses of the senate and managers elected by the house, which may be incurred under this act.

6.16 Application of act.

Sec. 16.

The provisions of this act shall apply to all resolutions and proceedings heretofore had, or hereafter to be had, to impeach any civil officer of this state.

Index

Index and Information Source

History: 1872, Act 62, Imd. Eff. Mar. 30, 1872

The “People” of the State of Michigan enact:

Document	Type	Description
Section 6.1	Section	Impeachment of civil officers; power of house, suspension; vacancies.
Section 6.2	Section	Impeachment; trial by senate, judgment.
Section 6.3	Section	Impeachment; prosecution by house.
Section 6.4	Section	Impeachment; organization of senate as court, oaths, attendance of members.
Section 6.5	Section	Impeachment; appearance and answer of accused.
Section 6.6	Section	Impeachment; counsel for accused.
Section 6.7	Section	Impeachment; trial, time, place, adjournment.
Section 6.8	Section	Impeachment; acquittal.
Section 6.9	Section	Impeachment; president of senate, notice to senate.
Section 6.10	Section	Impeachment; writs and process, signing and testing, enforcement.
Section 6.11	Section	Impeachment; duties of secretary; record of proceedings, oaths.
Section 6.12	Section	Impeachment; senate appointment and removal of subordinate officers.
Section 6.13	Section	Impeachment; powers of managers, rights of process.
Section 6.14	Section	Impeachment; senate rules and regulations.
Section 6.15	Section	Impeachment; compensation of members of court, managers, and other officers; payment.
Section 6.16	Section	Application of act.

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Understanding Michigan’s Riot Laws and Penalties

Jan 8, 2024 | Blog, Disturbing the Peace, Michigan Laws

Understanding Michigan’s Riot Laws and Penalties

In any society, maintaining peace and order is paramount. Michigan, like other states, has specific laws in place to address situations of public unrest and violence.

To understand the legal framework and potential consequences of riot-related activities in the state you must read the law. Also understand that the laws can be interpreted and twisted in many ways to fit the prosecutions narrative and agenda depending on who you are and what you were taking a stand for.

Note: Other charges will be piled on these charges but we are just talking about the rioting laws in Michigan here.

Michigan Compiled Laws (MCL)
Chapter 750
RIOTS AND RELATED CRIMES
Act 302 of 1968

752.541 Riot.

Sec. 1.

It is unlawful and constitutes the crime of riot for 5 or more persons, acting in concert, to wrongfully engage in violent conduct and thereby intentionally or recklessly cause or create a serious risk of causing public terror or alarm.

752.542 Inciting to riot.

Sec. 2.

It is unlawful and constitutes incitement to riot for a person or persons, intending to cause or to aid or abet the institution or maintenance of a riot, to do an act or engage in conduct that urges other persons to commit acts of unlawful force or violence, or the unlawful burning or destroying of property, or the unlawful interference with a police officer, peace officer, fireman or a member of the Michigan national guard or any unit of the armed services officially assigned to riot duty in the lawful performance of his duty.

752.542a Riot at state correctional facility.

Sec. 2a.

A person shall not willfully instigate, cause, attempt to cause, assist in causing, or conspire to cause a riot at a state correctional facility. As used in this section, “riot at a state correctional facility” means 3 or more persons, acting in concert, who intentionally or recklessly engage in violent conduct within a state correctional facility that threatens the security of the state correctional facility or threatens the safety or authority of persons responsible for maintaining the security of the state correctional facility.

752.543 Unlawful assembly.

Sec. 3.

It is unlawful and constitutes an unlawful assembly for a person to assemble or act in concert with 4 or more persons for the purpose of engaging in conduct constituting the crime of riot, or to be present at an assembly that either has or develops such a purpose and to remain thereat with intent to advance such purpose.

752.544 Violation as felony; penalty.

Sec. 4.

(1) A violation of section 1, 2, or 2a is a felony, punishable by not more than 10 years in prison or a fine of not more than $10,000.00, or both.

(2) A violation of section 3 is a felony, punishable by not more than 5 years in prison or a fine of not more than $5,000.00, or both.

752.545 Repeal.

Sec. 5.

Sections 521 and 522 of Act No. 328 of the Public Acts of 1931, being sections 750.521 and 750.522 of the Compiled Laws of 1948, are repealed.

History: 1968, Act 302, Imd. Eff. July 1, 1968

750.521-750.522 Repealed. 1968, Act 302, Eff. July 1, 1968.

Compiler’s Notes: The repealed sections pertained to riots and unlawful assemblies; duty of officials to disperse; arrest on failure to disperse.

(Similar to qualified immunity one would guess but more likley because the purpose could be beneficial to one group and not another)

752.546 Effective date.

Sec. 6.

This act shall take effect July 1, 1968.

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Index

Index and Information Source

Document	Type	Description
Section 752.541	Section	Riot.
Section 752.542	Section	Inciting to riot.
Section 752.542a	Section	Riot at state correctional facility.
Section 752.543	Section	Unlawful assembly.
Section 752.544	Section	Violation as felony; penalty.
Section 752.545	Section	Repeal.
Section 752.546	Section	Effective date.

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Categories

Assembly Bill No. 2188
CHAPTER 392