Rep. Kelly Breen

Maddy summaryHB 5864 amends Michigan's sentencing guidelines to ensure that crimes involving prostitution are consistently classified as felonies rather than misdemeanors. This change directly affects judges, prosecutors, and defendants by requiring them to apply stricter sentencing standards for prostitution-related offenses. The bill removes previous language that allowed for the classification of these crimes as less serious felonies or misdemeanors, thereby standardizing how such cases are handled within the state's legal system.

Maddy summaryThis bill modifies the Michigan Liquor Control Code to prevent the Liquor Control Commission from using certain past violations to deny, suspend, or revoke liquor licenses. Specifically, it states that if at least two years have passed since a violation occurred, the commission cannot consider it when making licensing decisions. The law defines a "qualified violation" as any breach of the liquor code that is not a criminal offense or a state civil infraction. This change aims to ensure that older, non-criminal mistakes do not permanently bar individuals or businesses from holding liquor licenses.

Maddy summaryThis bill expands the ability of individuals in Michigan to have their criminal convictions set aside, specifically adding a provision for people who were convicted of crimes while being victims of human trafficking. Under the new rules, a person who was a victim of human trafficking can apply to clear any conviction they received as a direct result of that trafficking, provided they still meet the general limits on the number of offenses that can be expunged. The legislation also clarifies how certain deferred and dismissed charges are counted toward these limits and defines specific types of crimes, such as assaultive offenses and domestic violence, that are subject to stricter restrictions. By amending existing state law, the bill allows eligible individuals to petition the court for relief without changing the fundamental eligibility criteria for other applicants.

Maddy summaryThis bill updates Michigan's DNA identification profiling laws to require the permanent collection of DNA samples from individuals arrested for specific sex-related offenses, including prostitution and commercial sexual activity. It mandates that law enforcement collect these samples after an arrest but before sentencing, with the resulting DNA profiles retained in the state database unless the charges are dismissed or the person is acquitted. Additionally, the legislation imposes a $60 assessment fee on those convicted of these crimes, with the collected funds distributed between local law enforcement agencies and the state justice system to cover sample collection costs. The bill also clarifies that individuals do not need to provide a new sample or pay the fee if the state already possesses their DNA profile from a prior arrest for the same types of offenses.

Maddy summaryHB 5847 amends Michigan's Fourth Class City Act to update the language regarding a city's power to regulate prostitution and commercial sexual activity. The bill replaces the term "prostitution" with "commercial sexual activity" in the list of general powers granted to city councils to prevent vice and immorality. This change allows local governments in fourth-class cities to pass ordinances targeting these activities using more modern terminology. The legislation does not create new crimes or penalties but clarifies the scope of existing municipal authority.

Maddy summaryThis bill increases the discount that specially designated distributors and on-premises licensees receive on alcoholic liquor from 17% to 23%. It also establishes a new certification program for small distillers that use at least 40% Michigan-grown grain, allowing them to sell their products with a lower required profit margin for the state. The law requires the department of agriculture and rural development to certify these distillers, maintain records of their grain sources, and submit annual reports listing certified entities. Additionally, the bill includes penalties for providing false information during the certification process and mandates that distillers keep accurate accounts of their qualified grain transactions for inspection.

Maddy summaryThis bill updates Michigan's health care laws to create a clear process for designating a surrogate to make medical decisions for adults or emancipated minors who cannot do so themselves. It establishes a specific priority list for potential surrogates, starting with out-of-state designations, followed by spouses, adult children, parents, and siblings, while excluding individuals subject to protective orders or pending abuse charges. The legislation requires that a surrogate's authority ends when the patient regains decision-making capacity and mandates that the surrogate sign an acceptance form confirming they will act in the patient's best interest without receiving payment. Additionally, the bill allows patients to disqualify specific individuals from serving as surrogates and ensures that surrogates are informed of the patient's known treatment preferences.

Maddy summaryThis bill modifies the Youth Rehabilitation Services Act to require DNA samples from minors under state supervision who are found responsible for specific crimes involving prostitution, child enticement, or indecent exposure. Under the new rules, youth agencies must collect these samples without the minor's consent or a prior court order, and the collected data can only be shared with law enforcement or in specific legal and research contexts. The legislation also mandates a $60 fee for these minors to cover the costs of DNA profiling and retention, unless the state already possesses their genetic information from a previous case.

Maddy summaryThis bill requires hospitals and surgical outpatient facilities in Michigan to offer any leftover eye drops or ointments to patients after certain eye surgeries or treatments. The rule applies specifically when the medication was provided by the facility, used during an inpatient stay, and is needed for the patient's continued care at home. If a pharmacist dispenses the remaining medication, they must label it properly and do not need to provide additional usage instructions if the doctor already did so. This change aims to ensure patients have access to necessary post-procedure medications without needing to purchase them elsewhere.

Maddy summaryThis bill modifies Michigan's human trafficking laws to allow courts to accept expert testimony from witnesses with specialized knowledge in criminal justice, behavioral sciences, or victim services. These experts can explain how trafficking victims often behave differently than expected and help juries understand the complex dynamics of trafficking cases. While the law already permits victim testimony without corroboration, this change specifically enables qualified experts to offer opinions on victim responses and behaviors during trials. However, the bill explicitly prohibits these experts from giving opinions on the credibility of other witnesses, including the victim, to maintain a clear distinction between behavioral analysis and character judgment. Both the prosecution and defense are permitted to call such experts to testify in human trafficking prosecutions.