At its January 2017 meeting, the Council took the following actions concerning project drafts:

Sentencing

Council approved the drafts of Sections 6x.04, 6.14, and 7.09 presented in the Reporters’ Memoranda to the Council. The Draft contains:

PART I – GENERAL PROVISIONS

  • ARTICLE 6 Authorized Disposition of Offenders (§§ 6.04, 6.04B, 6.06)
  • ARTICLE 6x Collateral Consequences of Criminal Conviction (§§ 6x.02, 6x.04)
  • ARTICLE 6b Sentencing Guidelines (§ 6B.08)
  • ARTICLE 7 Authority of the Court in Sentencing (§§ 7.02-7.04, 7.07, 7.07A-7.07C, 7.08, 7.09)

PART III – TREATMENT AND CORRECTION

  • ARTICLE 305 Prison Release and Postrelease Supervision (§§ 305.6, 305.8)

Appendix A. Reporters’ Memorandum: Victims’ Roles in the Sentencing Process
Appendix B. Proposed Final Table of Contents for Model Penal Code: Sentencing
Appendix C. Black Letter of Council Draft No. 6
Appendix D. Other Relevant Black-Letter Text

Liability Insurance

Council approved Council Draft No. 3. The Draft contains:

Chapter 2 Management of Potentially Insured Liability Claims

TOPIC 1: DEFENSE

  • § 13. Conditions Under Which the Insurer Must Defend (revised)
  • § 24. The Insurer’s Duty to Make Reasonable Settlement Decisions (revised)

Chapter 3 General Principles Regarding the Risks Insured

TOPIC 2: CONDITION

  • § 36. Notice and Reporting Conditions (revised)

TOPIC 3: APPLICATION OF LIMITS, RETENTIONS, AND DEDUCTIBLES

  • § 43. Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies (revised)
  • § 44. Contribution (new)
  • § 45. The Effect of Partial Settlements on Amounts Owed by Non-Settling Insurers (new)

Chapter 4 Enforceability and Remedies

TOPIC 1: ENFORCEABILITY

  • § 46. Implied-in-Law Terms and Restrictions (new)
  • § 47. Insurance of Liability Involving Aggravated Fault (revised)
  • § 48. Insurance of Liability for Known Losses (new)

TOPIC 2: REMEDIES

  • § 49. Remedies Potentially Available (new)
  • § 50. Damages for Breach of a Liability Insurance Policy (new)
  • § 51. Liability for Insurance Bad Faith (new)
  • § 52. Damages for Liability Insurance Bad Faith (new)

Appendix A. Black Letter of Council Draft No. 3
Appendix B. Other Relevant Black-Letter Text

Election Administration

Council approved Council Draft No. 3. The Draft contains:

PART II. PRINCIPLES FOR THE RESOLUTION OF BALLOT-COUNTING DISPUTES

SUBPART A. GENERAL PRINCIPLES

  • § 201. Maximum Clarity and Specificity in Advance of the Election
  • § 202. Transparency
  • § 203. Equal Treatment
  • § 204. The Accurate Counting of Eligible Ballots
  • § 205. Duty of Nonpartisanship
  • § 206. Certification of the Election Before the Term of Office Begins

SUBPART B. SPECIFIC PROCEDURES

  • § 207. Disputing the Eligibility of Uncounted Ballots
  • § 208. Determining the Eligibility of Provisional Ballots
  • § 209. Verification of the Returns
  • § 210. The Recounting of Previously Counted Ballots
  • § 211. Recount Procedures
  • § 212. Final Administrative Certification of an Election
  • § 213. A Judicial Contest of a Certified Election
  • § 214. Pre-Certification Petition to Nullify Election Because of Calamity
  • § 215. Chain-of-Custody
  • § 216. Multiple Ballots Cast by a Single Individual

Appendix A. Black Letter of Council Draft No. 3
Appendix B. Other Relevant Black-Letter Text

Sexual Assault

Council approved Sections 213.0(7), 213.1, and 213.2 of Council Draft No. 5. There was insufficient time to consider Sections 213.3 and 213.4. The Draft contains:

  • SECTION 213.0 (7) DEFINITIONS – SEXUAL PENETRATION
  • SECTION 213.1 FORCIBLE RAPE
  • SECTION 213.2 SEXUAL PENETRATION WITHOUT CONSENT
  • SECTION 213.3 RAPE OR SEXUAL PENETRATION OF A VULNERABLE PERSON (insufficient time to consider)
  • SECTION 213.4 SEXUAL PENETRATION BY COERCION OR EXPLOITATION (insufficient time to consider)
  • APPENDIX – PROPOSED BLACK LETTER OF ARTICLE 213

Additionally, the Council approved drafts for several other projects, including Charitable Nonprofits, International Commercial Arbitration, U.S. Foreign Relations, and Conflict of Laws. Visit www.ali.org to learn more.

All of the approvals by ALI Council are subject to the discussion at the meeting and the usual editorial prerogative.

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ALI Staff

The American Law Institute

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