Bill Text: MI HB4536 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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, ch. IV. TIE BAR WITH: HB 4537'17, HB 4538'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-03-14 - Assigned Pa 65'18 With Immediate Effect [HB4536 Detail]

Download: Michigan-2017-HB4536-Engrossed.html

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HB-4536, As Passed Senate, February 15, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4536

 

 

 

 

 

 

 

 

 

 

 

 

     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 charge or charges are dismissed before trial, both of the

 

following apply:

 

     (a) The arrest record shall be removed from the internet

 

criminal history access tool (ICHAT).

 

     (b) If the prosecutor of the case agrees at any time after the

 

case is dismissed, or if the prosecutor of the case or the judge of

 

the court in which the case was filed does not object within 60

 

days from the date an order of dismissal was entered for cases in

 

which the order of dismissal is entered after the effective date of

 

the amendatory act that added this section, all of the following

 

apply:

 

     (i) The arrest record, all biometric data, and fingerprints

 

shall be expunged or destroyed, or both, as appropriate.

 

     (ii) Any entry concerning the charge shall be removed from

 

LEIN.

 

     (iii) Unless a DNA sample or profile, or both, is allowed or

 

required to be retained by the department of state police under

 

section 6 of the DNA identification profiling system act, 1990 PA

 

250, MCL 28.176, the DNA sample or profile, or both, obtained from

 

the individual shall be expunged or destroyed.

 

     (2) The department of state police shall comply with the

 

requirements listed in subsection (1) upon receipt of an

 

appropriate 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 all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) House Bill No. 4537.

 

     (b) House Bill No. 4538.

 

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

 

02766'17 c).