Bill Text: MI HB5803 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Traffic control: violations; reporting requirements for misdemeanor conviction; eliminate. Amends sec. 16a, ch. IX of 1927 PA 175 (MCL 769.16a).
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2020-07-23 - Referred To Committee On Judiciary And Public Safety [HB5803 Detail]
Download: Michigan-2019-HB5803-Introduced.html
HOUSE BILL NO. 5803
May 20, 2020, Introduced by Reps. Bolden,
Filler, Mueller, Berman and Howell and referred to the Committee on
Transportation.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16a of chapter IX (MCL 769.16a), as amended by 2008 PA 508.
the people of the state of michigan enact:
Sec. 16a. (1) Except as otherwise provided in
subsection (3), upon on final disposition of an original
charge against a person of a felony or a misdemeanor for which the maximum
possible penalty exceeds 92 days' imprisonment or a local ordinance for which
the maximum possible penalty is 93 days' imprisonment and that substantially
corresponds to a violation of state law that is a misdemeanor for which the
maximum possible penalty is 93 days' imprisonment, or a misdemeanor in a case
in which the appropriate court was notified that fingerprints were forwarded to
the department of state police, or upon on final
disposition of a charge of criminal contempt under section 2950 or 2950a of the
revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or
final disposition of a charge of criminal contempt for violating a foreign
protection order that satisfies the conditions for validity provided in section
2950i of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950i, the
clerk of the court entering that enters the disposition shall
immediately report to the department of state police the final disposition of
the charge on forms approved by the state court administrator and in a manner
consistent with section 3 of 1925 PA 289, MCL 28.243. The report to the
department of state police shall must include the finding of the judge or
jury, including a finding of guilty, guilty but mentally ill, not guilty, or
not guilty by reason of insanity, or the person's plea of guilty, nolo
contendere, or guilty but mentally ill; if the person was convicted, the
offense of which the person was convicted; and a summary of any sentence
imposed. The summary of the sentence shall must include
any probationary term; any minimum, maximum, or alternative term of
imprisonment; the total of all fines, costs, and restitution ordered; and any
modification of sentence. The report shall must include
the sentence if imposed under any of the following:
(a) Section 7411 of the
public health code, 1978 PA 368, MCL 333.7411.
(b) Section 1076(4) of
the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.
(c) Section 350a of the
Michigan penal code, 1931 PA 328, MCL 750.350a.
(d) Section 430 of the
Michigan penal code, 1931 PA 328, MCL 750.430.
(e) Sections 11 to 15 of
chapter II.
(f) Section 4a of chapter
IX.
(2) Upon On sentencing a person convicted of a
misdemeanor or of a violation of a local ordinance, other than a misdemeanor or
local ordinance described in subsection (1), the clerk of the court imposing that imposes the sentence immediately
shall, if ordered by the court, advise the department of state police of the
conviction on forms approved by the state court administrator.
(3) Except as otherwise
provided in subsections (4) and (6), subsection (5), the clerk of a court
shall not report a conviction of a misdemeanor offense under the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local ordinance that substantially corresponding corresponds to a provision of that act
unless 1 or more of the following apply:
(a) The offense is
punishable by imprisonment for more than 92 days.
(b) The offense is an
offense that would be punishable by more than 92 days as a second conviction.
(c) A judge of the court
orders the clerk to report the conviction.
(4)
Unless ordered by the court, the clerk of a court is not required to report a conviction
of a misdemeanor offense for a violation of section 904(3)(a) of the Michigan
vehicle code, 1949 PA 300, MCL 257.904, or a local ordinance substantially
corresponding to section 904(3)(a) of the Michigan vehicle code, 1949 PA 300,
MCL 257.904.
(4)
(5) As part of the sentence for a conviction of an offense
described in this section, if fingerprints have not already been taken, the
court shall order that the fingerprints of the person convicted be taken and
forwarded to the department of state police.
(5)
(6) As part of the sentence for a conviction of a listed
offense as defined in section 2 of the sex offenders registration act, 1994 PA
295, MCL 28.722, the court shall order that the fingerprints of the person
convicted be taken and forwarded as provided in the sex offenders registration
act, 1994 PA 295, MCL 28.721 to 28.736, if fingerprints have not already been
taken and forwarded as provided in that act.
(6)
(7) Within 21 days after the date a person licensed or
registered under article 15 of the public health code, 1978 PA 368, MCL
333.16101 to 333.18838, is convicted of a misdemeanor involving that involves the illegal delivery, possession, or
use of alcohol or a controlled substance or a felony, the clerk of the court entering that enters the conviction shall report
the conviction to the department of community health and human services on a form prescribed and
furnished by that department.
(7)
(8) For any conviction that was reported as provided in
this section, the clerk of the court entering that enters a subsequent final disposition in the
case shall immediately report to the department of state police and the
department of corrections if the judgment of conviction is vacated and either
the accusatory instrument is dismissed or upon on retrial
or by court finding, whether appellate or otherwise, the defendant is
determined to be not guilty. The final disposition shall must be
reported on forms approved by the state court administrator. The department of
state police and department of corrections shall immediately enter the
disposition into each database they maintain concerning that concerns criminal convictions and shall remove
all information indicating that indicates that the person was
convicted of the offense from each of those databases that is available to the
public.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5802 (request no. 04927'19) of the 100th Legislature is enacted into law.
