Bill Text: MI HB4415 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Courts; records; digital court records and electronic filing of testimony given in probate court; allow. Amends sec. 859 of 1961 PA 236 (MCL 600.859). TIE BAR WITH: HB 4412'13, HB 4413'13, HB 4414'13, HB 4416'13, HB 4417'13
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Introduced - Dead) 2013-03-13 - Printed Bill Filed 03/13/2013 [HB4415 Detail]
Download: Michigan-2013-HB4415-Introduced.html
HOUSE BILL No. 4415
March 12, 2013, Introduced by Reps. Jacobsen, Price, Rutledge, Talabi, Stallworth, Lyons, Haveman, MacGregor and Victory and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 859 (MCL 600.859), as amended by 2005 PA 326.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 859. (1) The following testimony before a probate judge
shall be recorded:
(a) Testimony in contested matters.
(b) Testimony in matters pertaining to the admission to a
hospital or other facility for mentally ill or developmentally
disabled persons.
(c) Testimony in matters pertaining to persons having a
contagious disease.
(d) Testimony in other matters if requested by an interested
party.
(e) Testimony and other proceedings required by supreme court
rule.
(2) In matters not governed by subsection (1), testimony
before a probate judge, probate register, or deputy probate
register may be given orally without a record being made of the
testimony.
(3) The court shall keep sufficient index of the testimony and
the
court shall keep the index and the original notes for at least
10
years as prescribed by
supreme court rules. The reporter or
recorder
need not transcribe the testimony unless a transcript is
ordered
by the court or a party. Except in those cases in which the
testimony
is transcribed and filed with the record of the case,
notes
pertaining to a hearing for the admission of any person to a
hospital
or other place of detention as a mentally ill or
developmentally
disabled person or as a person with a contagious
disease
shall be destroyed only after the discharge of the person
from
the hospital or facility.
(4)
Notes may not be destroyed until after 10 years after the
date
of the hearing or as provided in subsection (3), whichever is
longer.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. ___ or House Bill No. 4416(request no.
00298'13).
(b) Senate Bill No. ___ or House Bill No. 4412(request no.
00300'13).
(c) Senate Bill No. ___ or House Bill No. 4413(request no.
00301'13).
(d) Senate Bill No. ___ or House Bill No. 4417(request no.
00302'13).
(e) Senate Bill No. ___ or House Bill No. 4414(request no.
00303'13).
