Bill Text: MI HB4981 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Criminal procedure: expunction; Expungement of certain offenses; prohibit. Amends 1965 PA 213 (MCL 780.621 - 780.624) by adding sec. 1c. TIE BAR WITH: HB 4980'19, HB 4982'19, HB 4983'19, HB 4984'19, HB 4985'19, HB 5120'19
Spectrum: Bipartisan Bill
Status: (Passed) 2020-10-13 - Assigned Pa 187'20 With Immediate Effect [HB4981 Detail]
Download: Michigan-2019-HB4981-Chaptered.html
Act No. 187
Public Acts of 2020
Approved by the Governor
October 12, 2020
Filed with the Secretary of State
October 13, 2020
EFFECTIVE DATE: April 11, 2021
state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. Wendzel, Filler, Webber, Rabhi, Kahle, Bellino, Berman, O'Malley, Wentworth, Sabo, Leutheuser, Hertel, Cynthia Johnson, Coleman, Yancey, Whitsett, Peterson, Brenda Carter, Brann, Cherry, Manoogian, Sowerby, Garza, Inman, Gay-Dagnogo, Tyrone Carter, Koleszar, Sheppard, Wozniak, Rendon, Bolden, Garrett, Tate, Cambensy, Jones, Crawford, Slagh, Anthony, Camilleri, Guerra, Mueller, Meerman, Wittenberg, Hoadley, Kuppa, Brixie, Hood, Lilly, Yaroch, Robinson, Pohutsky and Reilly
ENROLLED HOUSE BILL No. 4981
AN ACT 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,” (MCL 780.621 to 780.624) by adding section 1c.
The People of the State of Michigan enact:
Sec. 1c. (1) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for any of the following:
(a) A felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment.
(b) A violation or attempted violation of section 136b(3), 136d(1)(b) or (c), 145c, 145d, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.136b, 750.136d, 750.145c, 750.145d, 750.520c, 750.520d, and 750.520g.
(c) A violation or attempted violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, if the conviction occurred on or after January 12, 2015.
(d) The following traffic offenses:
(i) A conviction for operating while intoxicated by any person.
(ii) Any traffic offense committed by an individual with an indorsement on his or her operator’s or chauffeur’s license to operate a commercial motor vehicle that was committed while the individual was operating the commercial motor vehicle or was in another manner a commercial motor vehicle violation.
(iii) Any traffic offense that causes injury or death.
(e) A felony conviction for domestic violence, if the person has a previous misdemeanor conviction for domestic violence.
(f) A violation of former section 462i or 462j or
chapter LXVIIA or chapter LXXXIII-A of the Michigan penal code, 1931 PA 328,
MCL 750.462a to 750.462h and 750.543a to 750.543z.
(2) The prohibition on the setting aside of the convictions under subsection (1) upon application also applies to the setting aside of convictions without application under section 1g.
(3) An order setting aside a conviction for a traffic offense under this act must not require that the conviction be removed or expunged from the applicant’s driving record maintained by the secretary of state as required under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
Enacting section 1. This amendatory act takes effect 180 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 100th Legislature are enacted into law:
(a) House Bill No. 4980.
(b) House Bill No. 4982.
(c) House Bill No. 4983.
(d) House Bill No. 4984.
(e) House Bill No. 4985.
(f) House Bill No. 5120.
This act
is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
