Bill Text: MI HB4535 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Law enforcement; law enforcement information network (LEIN); access to law enforcement information network (LEIN); allow for defense attorneys under certain circumstances. Amends sec. 4 of 1974 PA 163 (MCL 28.214) & adds sec. 4a.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2019-05-01 - Bill Electronically Reproduced 05/01/2019 [HB4535 Detail]
Download: Michigan-2019-HB4535-Introduced.html
HOUSE BILL No. 4535
April 30, 2019, Introduced by Reps. Berman, LaGrand and LaFave and referred to the Committee on Judiciary.
A bill to amend 1974 PA 163, entitled
"C.J.I.S. policy council act,"
by amending section 4 (MCL 28.214), as amended by 2018 PA 66, and
by adding section 4a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The council or the department of state police
shall do all of the following:
(a) Establish policy and promulgate rules governing access,
use, and disclosure of information in criminal justice information
systems, including the law enforcement information network, the
automated fingerprint information system, and other information
systems related to criminal justice or law enforcement. The policy
and rules must do all of the following:
(i) Ensure access to information obtained by a federal, state,
or local governmental agency to administer criminal justice or
enforce any law.
(ii) Ensure access to information provided by the law
enforcement information network or the automated fingerprint
identification system by a governmental agency engaged in the
enforcement of child support laws, child protection laws, or
vulnerable adult protection laws.
(iii) Ensure access by the department of health and human
services to information necessary to implement section 10c of the
social welfare act, 1939 PA 280, MCL 400.10c.
(iv) Authorize a fire chief of an organized fire department or
his or her designee to request and receive information obtained
through the law enforcement information network by a law
enforcement agency for the following purposes:
(A) A preemployment criminal convictions history.
(B) A preemployment driving record.
(C) Vehicle registration information for vehicles involved in
a fire or hazardous materials incident.
(v) Authorize a public or private school superintendent,
principal, or assistant principal to receive vehicle registration
information, of a vehicle within 1,000 feet of school property,
obtained through the law enforcement information network by a law
enforcement agency.
(vi) Ensure access to client information contained in the law
enforcement information network by a criminal defense attorney who
meets the requirements of section 4a and submits an electronic
statement affirming that the attorney meets the requirements of
section 4a and is currently representing the client before access
is granted.
(vii) (vi) Establish
fees for access, use, or dissemination of
information from criminal justice information systems.
(b) Review applications for C.J.I.S. access and approve or
disapprove the applications and the sites. If an application is
disapproved, the applicant must be notified in writing of the
reasons for disapproval.
(c) Establish minimum standards for equipment and software and
its installation.
(d) Advise the governor on issues concerning the criminal
justice information systems.
(e) Establish policy and promulgate rules concerning the
expunction, destruction, or both, of information and data in
criminal justice information systems, including the law enforcement
information network, the automated fingerprint information system,
and other information systems related to criminal justice or law
enforcement, as required under section 26a of chapter IV of the
code of criminal procedure, 1927 PA 175, MCL 764.26a.
(2) A person having direct access to nonpublic information in
the information systems governed by this act shall submit a set of
fingerprints for comparison with state and federal criminal history
records to be approved for access under the C.J.I.S. security
policy. A report of the comparison must be provided to that
person's employer.
(3) A person shall not access, use, or disclose nonpublic
information governed under this act for personal use or gain.
(4) The attorney general or his or her designee, a prosecuting
attorney, or the court, in a criminal case, may disclose to the
defendant or the defendant's attorney of record information
pertaining to that defendant that was obtained from the law
enforcement information system.
(5) A person shall not disclose information governed under
this act in a manner that is not authorized by law or rule.
(6) A person who intentionally violates subsection (3) or (5)
is guilty of a crime as follows:
(a) For a first offense, the person is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $500.00, or both.
(b) For a second or subsequent offense, the person is guilty
of a felony punishable by imprisonment for not more than 4 years or
a fine of not more than $2,000.00, or both.
Sec. 4a. (1) An individual may access the law enforcement
information network under section 4(1)(a)(vi) if he or she is
licensed and authorized to practice law in this state and regularly
represents defendants in criminal actions, and satisfies the
training requirements established by the department of state
police.
(2) The department of state police shall promulgate rules
establishing the minimum standards of training required under
subsection (1). Except as provided under subsection (3), the
minimum standards must be equivalent to the minimum standards of
training required for a law enforcement officer to access the law
enforcement information network.
(3) The training under subsection (1) is not required to
include training on the entry or modification of information in the
law enforcement information network.
(4) An individual who provides a false electronic statement
under section 4(1)(a)(vi) to access information contained in the
law enforcement information network is guilty of a misdemeanor
punishable by imprisonment for not more than 92 days or a fine of
not more than $500.00, or both.
