Bill Text: MI HB4154 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Traffic control: violations; reporting requirements for misdemeanor conviction; eliminate. Amends sec. 16a, ch. IX of 1927 PA 175 (MCL 769.16a). TIE BAR WITH: HB 4153'21
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-02-09 - Bill Electronically Reproduced 02/04/2021 [HB4154 Detail]
Download: Michigan-2021-HB4154-Introduced.html
HOUSE BILL NO. 4154
February 04, 2021, Introduced by Reps. Bolden
and Filler and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16a of chapter IX (MCL 769.16a), as amended by 2008 PA 508.
the people of the state of michigan enact:
Sec. 16a. (1)
Except as otherwise provided in subsection (3), upon
on final disposition of an
original charge against a person of a felony or a misdemeanor for which the
maximum possible penalty exceeds 92 days' imprisonment or a local ordinance for
which the maximum possible penalty is 93 days' imprisonment and that
substantially corresponds to a violation of state law that is a misdemeanor for
which the maximum possible penalty is 93 days' imprisonment, or a misdemeanor
in a case in which the appropriate court was notified that fingerprints were
forwarded to the department of state police, or upon
on final disposition of a charge
of criminal contempt under section 2950 or 2950a of the revised judicature act
of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or final disposition of a
charge of criminal contempt for violating a foreign protection order that
satisfies the conditions for validity provided in section 2950i of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2950i, the clerk of the court entering that
enters the disposition shall immediately report to the department
of state police the final disposition of the charge on forms approved by the
state court administrator and in a manner consistent with section 3 of 1925 PA
289, MCL 28.243. The report to the department of state police shall must
include the finding of the judge or jury, including a finding of
guilty, guilty but mentally ill, not guilty, or not guilty by reason of
insanity, or the person's plea of guilty, nolo contendere, or guilty but
mentally ill; if the person was convicted, the offense of which the person was
convicted; and a summary of any sentence imposed. The summary of the sentence shall must
include any probationary term; any minimum, maximum, or
alternative term of imprisonment; the total of all fines, costs, and
restitution ordered; and any modification of sentence. The report shall must
include the sentence if imposed under any of the following:
(a) Section 7411 of the public health code, 1978 PA 368, MCL
333.7411.
(b) Section 1076(4) of the revised judicature act of 1961,
1961 PA 236, MCL 600.1076.
(c) Section 350a of the Michigan penal code, 1931 PA 328, MCL
750.350a.
(d) Section 430 of the Michigan penal code, 1931 PA 328, MCL
750.430.
(e) Sections 11 to 15 of chapter II.
(f) Section 4a of chapter IX.
(2) Upon On sentencing a person convicted of a misdemeanor or
of a violation of a local ordinance, other than a misdemeanor or local
ordinance described in subsection (1), the clerk of the court imposing that
imposes the sentence immediately shall, if ordered by the court,
advise the department of state police of the conviction on forms approved by
the state court administrator.
(3) Except as otherwise provided in subsections
(4) and (6), subsection (5), the
clerk of a court shall not report a conviction of a misdemeanor offense under
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local
ordinance that substantially corresponding corresponds to a provision of that act unless 1 or
more of the following apply:
(a) The offense is punishable by imprisonment for more than
92 days.
(b) The offense is an offense that would be punishable by
more than 92 days as a second conviction.
(c) A judge of the court orders the clerk to report the
conviction.
(4)
Unless ordered by the court, the clerk of a court is not required to report a
conviction of a misdemeanor offense for a violation of section 904(3)(a) of the
Michigan vehicle code, 1949 PA 300, MCL 257.904, or a local ordinance
substantially corresponding to section 904(3)(a) of the Michigan vehicle code,
1949 PA 300, MCL 257.904.
(4)
(5) As part of the
sentence for a conviction of an offense described in this section, if
fingerprints have not already been taken, the court shall order that the
fingerprints of the person individual convicted be taken and forwarded to the
department of state police.
(5)
(6) As part of the
sentence for a conviction of a listed offense as defined in section 2 of the
sex offenders registration act, 1994 PA 295, MCL 28.722, the court shall order
that the fingerprints of the person individual convicted be taken and forwarded as
provided in the sex offenders registration act, 1994 PA 295, MCL 28.721 to
28.736, if fingerprints have not already been taken and forwarded as provided
in that act.
(6)
(7) Within 21 days after
the date a person licensed or registered under article 15 of the public health
code, 1978 PA 368, MCL 333.16101 to 333.18838, is convicted of a misdemeanor involving that
involves the illegal delivery, possession, or use of alcohol or a
controlled substance or a felony, the clerk of the court entering that
enters the conviction shall report the conviction to the
department of community health and human services on a form prescribed and furnished
by that department.
(7)
(8) For any
conviction that was reported as provided in this section, the clerk of the
court entering that
enters a subsequent final disposition in the case shall
immediately report to the department of state police and the department of
corrections if the judgment of conviction is vacated and either the accusatory
instrument is dismissed or upon on retrial or by court finding, whether appellate or
otherwise, the defendant is determined to be not guilty. The final disposition shall must
be reported on forms approved by the state court administrator.
The department of state police and department of corrections shall immediately
enter the disposition into each database they maintain concerning that
concerns criminal convictions and shall remove all information indicating that
indicates that the person was convicted of the offense from each
of those databases that is available to the public.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4153 (request no. 01303'21) of the 101st Legislature is enacted into law.
