Bill Text: MI HB4413 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Courts; records; reproduction of digital court records and electronically filed court papers; give same force and effect as original for purposes of admissibility into evidence if authenticated. Amends sec. 2137 of 1961 PA 236 (MCL 600.2137). TIE BAR WITH: HB 4412'13, HB 4414'13, HB 4415'13, HB 4416'13, HB 4417'13

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced - Dead) 2013-03-13 - Printed Bill Filed 03/13/2013 [HB4413 Detail]

Download: Michigan-2013-HB4413-Introduced.html

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HOUSE BILL No. 4413

 

March 12, 2013, Introduced by Reps. Rutledge, Price, Schor, Faris, Smiley, Talabi, Stallworth, Cavanagh, Lane, Lipton, Irwin, Zemke, MacGregor, Victory and Oakes and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 2137 (MCL 600.2137), as amended by 2009 PA 239.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2137. (1) If a public officer reproduces court records

 

kept by him or her pursuant to the records reproduction act, 1992

 

PA 116, MCL 24.401 to 24.406, the officer may offer the original

 

records to the department or state agency responsible for

 

maintaining the state archives for placement in the state archives.

 

If the department or state agency responsible for maintaining the

 

state archives accepts the offer within 30 days, the court shall

 

transfer the records to that department or state agency. If the

 

department or state agency responsible for maintaining the state

 

archives does not accept the offer within 30 days, the court may

 

dispose of or destroy the records in the manner provided for state

 

agencies under sections 285 and 287 of the management and budget

 

act, 1984 PA 431, MCL 18.1285 and 18.1287, and section 5 of 1913 PA

 

271, MCL 399.5. The record of a court shall not be disposed of or

 

destroyed until the record has been in the custody of the court for

 

not less than 6 years.

 

     (2) In a county or probate court district in which the county

 

board or boards of commissioners pass a resolution or resolutions

 

for reproducing records pursuant to the records reproduction act,

 

1992 PA 116, MCL 24.401 to 24.406, the judge of probate may have

 

the records of the probate court reproduced in accordance with the

 

resolution or resolutions. The judge of probate shall have a copy

 

or a duplicate kept in a building outside of the probate office and

 

shall keep a copy available in the probate office with any suitable

 

equipment necessary for displaying the record at not less than its

 

original size or for preparing copies for persons entitled to

 

copies. The judge of probate then may order a record destroyed. A

 

reproduction in a medium pursuant to under the records reproduction

 

act, 1992 PA 116, MCL 24.401 to 24.406, or a reproduction

 

consisting of a printout or other output readable by sight from

 

such a medium is admissible as evidence before a court, commission,

 

or administrative body the same as the original . The original file

 

of an estate proceeding shall not be destroyed until 6 years after

 

the date the discharge of the fiduciary is filed or 10 years after

 

the last document is filed, whichever occurs first.

 

     (3) A court of record other than the district court may order

 

the destruction of a court reporter or recorder note, tape, or

 

recording 15 years after the date that the note, tape, or recording

 

was made for a felony case and 10 years after the date that the

 

note, tape, or recording was made for any other case. One year

 

after a transcript of a note, tape, or recording is filed with the

 

court, the court may order the destruction of the note, tape, or

 

recording. If a transcript of a trial or other proceeding in a

 

court of record other than the district court is ordered other than

 

for filing in the case file, the court reporter or recorder also

 

shall prepare and shall file a certified copy of the transcript in

 

the case file at the expense of the person ordering the transcript

 

unless a copy has been filed with the court or unless the chief

 

judge of the court orders otherwise in an order filed in the case

 

file. As used in this subsection, "felony case" does not include

 

proceedings in a case that occur before arraignment on information

 

or indictment or proceedings in a case in which the defendant is

 

not convicted of a felony.

 

     (4) Except as provided in subsection (3), a judicial circuit

 

of the circuit court may order the destruction of its files and

 

records in a case in which action has not been taken during the 25

 

years immediately preceding the order of destruction. All of the

 

following procedures shall be followed before the issuance of an

 

order of destruction of circuit court files and records:

 

     (a) The judgment or decree, if any, shall be reproduced

 

pursuant to the records reproduction act, 1992 PA 116, MCL 24.401

 

to 24.406, or separated and retained, and the original or

 

reproduction shall be made available for public inspection.

 

     (b) The circuit court shall offer the files and records,

 

subject to the order of destruction, to the Michigan historical

 

commission established by section 1 of 1913 PA 271, MCL 399.1, or a

 

historical commission created under section 2 of 1957 PA 213, MCL

 

399.172. If the historical commission accepts the offer within 30

 

days, the circuit court shall transfer the files and records to the

 

historical commission. If the historical commission does not accept

 

the offer within 30 days, the circuit court shall issue an order of

 

destruction.

 

     (5) A reproduction of a record in a medium pursuant to the

 

records reproduction act, 1992 PA 116, MCL 24.401 to 24.406, or a

 

reproduction consisting of a printout or other output readable by

 

sight from such a medium, made as provided by law, and has the same

 

force and effect as the original would have had and shall be

 

treated as an original for the purpose of admissibility in

 

evidence. A duly certified or authenticated copy of the

 

reproduction shall be admitted into evidence equally with the

 

original reproduction.

 

     (6) Except for records described in subsection (3), this This

 

section only applies to records filed with the court and maintained

 

by the court clerk or register.

 

     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. 4415(request no.

 

00299'13).

 

     (c) Senate Bill No.____ or House Bill No. 4412(request no.

 

00300'13).

 

     (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).