Bill Text: MI HB4176 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Criminal procedure; expunction; expunction of all information in arrest record when individual is wrongly accused under certain circumstances; require. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 26a to ch. IV. TIE BAR WITH: HB 4177'15, HB 4178'15
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2015-09-29 - Recommendation Concurred In [HB4176 Detail]
Download: Michigan-2015-HB4176-Introduced.html
HOUSE BILL No. 4176
February 10, 2015, Introduced by Reps. Lucido, Dianda, Gay-Dagnogo, Hovey-Wright, Robinson and Franz and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 26a to chapter IV.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 26a. (1) If an individual is arrested for any crime and
the complaining witness recants his or her statement, affidavit, or
testimony alleging that the individual committed 1 or more offenses
against the witness before trial is held in the matter, all of the
following apply:
(a) The charge shall be dismissed.
(b) The arrest record, all biometric data, fingerprints, and
DNA sample or profile, and statements obtained from the individual
shall be expunged or destroyed, or both, as appropriate.
(c) Any entry concerning the charge and the individual shall
be removed from the LEIN.
(2) The requirements listed in subsection (1) shall be
satisfied upon the issuance of an order of the district court or
the circuit court.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless both of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 4177 (request no.
00218'15 a).
(b) Senate Bill No. ____ or House Bill No. 4178 (request no.
00218'15 b).
