Bill Text: MI HB5120 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Criminal procedure: expunction; procedure for record expungement of certain marihuana offenses; provide for. Amends 1965 PA 213 (MCL 780.621 - 780.624) by adding sec. 1f. TIE BAR WITH: HB 4980'19, HB 4981'19, HB 4982'19, HB 4983'19, HB 4984'19, HB 4985'19
Spectrum: Strong Partisan Bill (Democrat 32-2)
Status: (Passed) 2020-10-13 - Assigned Pa 189'20 With Immediate Effect [HB5120 Detail]
Download: Michigan-2019-HB5120-Engrossed.html
Substitute For
HOUSE BILL NO. 5120
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,"
(MCL 780.621 to 780.624) by adding section 1f.
the people of the state of michigan enact:
Sec. 1f. (1) If an application to set
aside a conviction or convictions under section 1e is granted, the arresting
agency and the department of the state police shall maintain the nonpublic
record created under section 3 for use as authorized under section 3.
(2)
If an application to set aside a conviction or convictions is granted under
section 1e, the applicant may not thereafter seek resentencing in another
criminal case the applicant was sentenced for during which the conviction or
convictions at issue were used in determining an appropriate sentence for the
applicant, whether or not the setting aside of the conviction or convictions
would have changed the scoring of a prior record variable for purposes of the
sentencing guidelines or otherwise.
(3)
A party aggrieved by the ruling of the convicting court considering an
application under section 1e may seek a rehearing or reconsideration under the
applicable rules of the convicting court or may file an appeal with the circuit
court or, if applicable, the court of appeals in accordance with the rules of
those courts.
(4) The setting aside of a conviction under section 1e does not entitle the applicant to the return of any fines, costs, or fees imposed as part of the applicant's sentence for the conviction or convictions or of any money or property forfeited by the prosecuting agency or any law enforcement agency as a result of the conduct leading to the conviction or as a result of the conviction itself.
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. 4981.
(c) House Bill No. 4982.
(d) House Bill No. 4983.
(e) House Bill No. 4984.
(f) House Bill No. 4985.
