Bill Text: MI HB4839 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Crime victims; rights; prohibition against victim disclosing information about conviction that has been set aside; remove. Amends sec. 3 of 1965 PA 213 (MCL 780.623).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-18 - Printed Bill Filed 06/14/2013 [HB4839 Detail]
Download: Michigan-2013-HB4839-Introduced.html
HOUSE BILL No. 4839
June 13, 2013, Introduced by Reps. Leonard, Cotter, O'Brien, McMillin, Switalski, Irwin and Oakes and referred to the Committee on Criminal Justice.
A bill to amend 1965 PA 213, entitled
"An act to provide for setting aside the conviction in certain
criminal cases; to provide for the effect of such action; to
provide for the retention of certain nonpublic records and their
use; to prescribe the powers and duties of certain public agencies
and officers; and to prescribe penalties,"
by amending section 3 (MCL 780.623), as amended by 1994 PA 294.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3. (1) Upon the entry of an order pursuant to under
section 1, the court shall send a copy of the order to the
arresting agency and the department of state police.
(2) The department of state police shall retain a nonpublic
record of the order setting aside a conviction and of the record of
the arrest, fingerprints, conviction, and sentence of the applicant
in the case to which the order applies. Except as provided in
subsection (3), this nonpublic record shall be made available only
to a court of competent jurisdiction, an agency of the judicial
branch of state government, a law enforcement agency, a prosecuting
attorney, the attorney general, or the governor upon request and
only for the following purposes:
(a) Consideration in a licensing function conducted by an
agency of the judicial branch of state government.
(b) To show that a person who has filed an application to set
aside a conviction has previously had a conviction set aside
pursuant to this act.
(c) The court's consideration in determining the sentence to
be imposed upon conviction for a subsequent offense that is
punishable as a felony or by imprisonment for more than 1 year.
(d) Consideration by the governor if a person whose conviction
has been set aside applies for a pardon for another offense.
(e) Consideration by a law enforcement agency if a person
whose conviction has been set aside applies for employment with the
law enforcement agency.
(f) Consideration by a court, law enforcement agency,
prosecuting attorney, or the attorney general in determining
whether an individual required to be registered under the sex
offenders registration act has violated that act, or for use in a
prosecution for violating that act.
(3) A copy of the nonpublic record created under subsection
(2) shall be provided to the person whose conviction is set aside
under this act upon payment of a fee determined and charged by the
department of state police in the same manner as the fee prescribed
in
section 4 of the freedom of information act, Act No. 442 of the
Public
Acts of 1976, being section 15.234 of the Michigan Compiled
Laws.1976 PA 442, MCL 15.234.
(4) The nonpublic record maintained under subsection (2) is
exempt
from disclosure under the freedom of information act, Act
No.
442 of the Public Acts of 1976, being sections 15.231 to 15.246
of
the Michigan Compiled Laws.1976
PA 442, MCL 15.231 to 15.246.
(5) Except as provided in subsection (2), a person, other than
the applicant or a victim, who knows or should have known that a
conviction was set aside under this section and who divulges, uses,
or publishes information concerning a conviction set aside under
this section is guilty of a misdemeanor punishable by imprisonment
for not more than 90 days or a fine of not more than $500.00, or
both.
(6) As used in this section, "victim" means any individual who
suffers direct or threatened physical, financial, or emotional harm
as the result of the offense that was committed by the applicant.
