Bill Text: MI HB6255 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: records; sealing of certain data when an individual is neither charged nor convicted; require. Amends sec. 3 of 1925 PA 289 (MCL 28.243). TIE BAR WITH: HB 6256'20
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-09-24 - Bill Electronically Reproduced 09/23/2020 [HB6255 Detail]
Download: Michigan-2019-HB6255-Introduced.html
HOUSE BILL NO. 6255
September 23, 2020, Introduced by Reps. Calley,
Sabo and Bolden and referred to the Committee on Judiciary.
A bill to amend 1925 PA 289, entitled
"An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,"
by amending section 3 (MCL 28.243), as amended by 2018 PA 67.
the people of the state of michigan enact:
Sec. 3. (1) Except as provided in subsection (3), upon
the arrest of a person for a felony or for a misdemeanor violation of state law
for which the maximum possible penalty exceeds 92 days' imprisonment or a fine
of $1,000.00, or both, or a misdemeanor authorized for DNA collection under
section 6(1)(b) of the DNA identification profiling system act, 1990 PA 250,
MCL 28.176, or for criminal contempt under section 2950 or 2950a of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or criminal
contempt for a violation of 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, or for a juvenile offense, other than a
juvenile offense for which the maximum possible penalty does not exceed 92
days' imprisonment or a fine of $1,000.00, or both, or for a juvenile offense
that is a misdemeanor authorized for DNA collection under section 6(1)(b) of
the DNA identification profiling system act, 1990 PA 250, MCL 28.176, the
arresting law enforcement agency in this state shall collect the person's
biometric data and forward the biometric data to the department within 72 hours
after the arrest. The biometric data must be sent to the department on forms
furnished by or in a manner prescribed by the department, and the department
shall forward the biometric data to the director of the Federal Bureau of
Investigation on forms furnished by or in a manner prescribed by the director.
(2) A law enforcement
agency shall collect a person's biometric data under this subsection if the
person is arrested for a misdemeanor violation of state law for which the
maximum penalty is 93 days or for criminal contempt under section 2950 or 2950a
of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,
or criminal contempt for a violation of 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, if the biometric data have
not previously been collected and forwarded to the department under subsection
(1). A law enforcement agency shall collect a person's biometric data under
this subsection if the person is arrested for a violation of 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 term of imprisonment is 93 days. If the person is
convicted of any violation, the law enforcement agency shall collect the
person's biometric data before sentencing if not previously collected. The
court shall forward to the law enforcement agency a copy of the disposition of
conviction, and the law enforcement agency shall forward the person's biometric
data and the copy of the disposition of conviction to the department within 72
hours after receiving the disposition of conviction in the same manner as
provided in subsection (1). If the person is convicted of violating a local
ordinance, the law enforcement agency shall indicate on the form sent to the
department the statutory citation for the state law to which the local
ordinance substantially corresponds.
(3) A person's biometric
data are not required to be collected and forwarded to the department under
subsection (1) or (2) solely because he or she has been arrested for violating
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) The arresting law
enforcement agency may collect the biometric data of a person who is arrested
for a misdemeanor punishable by imprisonment for not more than 92 days or a
fine of not more than $1,000.00, or both, and who fails to produce satisfactory
evidence of identification as required by section 1 of 1961 PA 44, MCL 780.581.
These biometric data must be forwarded to the department immediately. Upon
completion of the identification process by the department, the biometric data shall must be destroyed.
(5) An arresting law
enforcement agency in this state may collect the person's biometric data upon
an arrest for a misdemeanor other than a misdemeanor described in subsection
(1), (2), or (4), and may forward the biometric data to the department.
(6) If a court orders the
collection of a person's biometric data under section 11 or 18 of chapter XIIA
of the probate code of 1939, 1939 PA 288, MCL 712A.11 and 712A.18, or section
29 of chapter IV or section 1 of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 764.29 and 769.1, the law enforcement agency shall forward the
biometric data and arrest card to the department.
(7) If a petition is not authorized
for a juvenile accused of a juvenile offense, if a person arrested for having
committed an offense for which biometric data were collected under this section
is released without a charge made against him or her, or if criminal contempt
proceedings are not brought or criminal charges are not made against a person
arrested for criminal contempt for a personal protection order violation under
section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL
600.2950 and 600.2950a, or criminal contempt for a violation of a foreign
protection order that meets the requirements for validity under section 2950i
of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950i, the official
taking or holding the person's biometric data and arrest card shall immediately
destroy the biometric data and arrest card. The law enforcement agency shall
notify the department in a manner prescribed by the department that a petition
was not authorized against the juvenile or that a charge was not made or that a
criminal contempt proceeding was not brought against the arrested person if the
juvenile's or arrested person's arrest card was forwarded to the department.
(8) 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 must 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 subdivision, both of the following apply:
(i) The arrest record, all biometric data, and fingerprints shall must be expunged or
destroyed, or both, as appropriate.
(ii) Any entry
concerning the charge shall must be removed from
the LEIN.
(9) If an individual is arrested for any crime and is
acquitted on the charge or charges after a trial is held, both of the following
apply:
(a) The arrest record must be removed from the internet
criminal history access tool (ICHAT).
(b) Any other document or record generated in connection with
the charge or charges in the possession of a law enforcement agency must be
made nonpublic.
(10) If an individual is arrested for any crime and is not
charged with a crime as a result of the arrest before the expiration of the
applicable period of limitation under section 24 of chapter VII of the code of
criminal procedure, 1927 PA 175, MCL 767.24, both of the following apply:
(a) The arrest record must be removed from the internet
criminal history access tool (ICHAT).
(b) Any other document or record generated in connection with
the charge or charges in the possession of a law enforcement agency must be
made nonpublic.
(11) (9) The department shall comply with the
requirements listed in subsection
subsections (8) and (9) upon receipt
of an appropriate order issued by the district court or the circuit court.
(12) (10) If a juvenile is adjudicated and found not to
be within the provisions of section 2(a)(1) of chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.2, or if an accused is found not guilty of an
offense for which biometric data were collected under this section, upon final
disposition of the charge against the accused or juvenile, the biometric data
and arrest card must be destroyed by the official holding those items and the
clerk of the court entering the disposition shall notify the department of any
finding of not guilty or nolle prosequi, if it appears that the biometric data
of the accused were initially collected under this section, or of any finding
that a juvenile alleged responsible for a juvenile offense is not within the
provisions of section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939
PA 288, MCL 712A.2.
(13) (11) Upon final disposition of the charge against
the accused, the clerk of the court entering the disposition shall immediately
advise the department of the final disposition of the arrest for which the
person's biometric data were collected if a juvenile was adjudicated to have
committed a juvenile offense or if the accused was convicted of an offense for
which the biometric data of the accused were collected under this section or
section 16a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.16a. With regard to any adjudication or conviction, the clerk shall
transmit to the department information as to any adjudication or finding of
guilty or guilty but mentally ill; any plea of guilty, nolo contendere, or
guilty but mentally ill; the offense of which the accused was convicted; and a
summary of any deposition or sentence imposed. The summary of the sentence 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. If the sentence is imposed under any of the following
sections, the report shall must so indicate:
(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) Sections 11 to 15 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11 to 762.15.
(d) Section 4a of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.4a.
(e) Section 350a(4) of the Michigan penal code, 1931 PA 328,
MCL 750.350a.
(f) Section 430(9)(a) of the Michigan penal code, 1931 PA
328, MCL 750.430.
(g) Section 1209(7) of the revised judicature act of 1961,
1961 PA 236, MCL 600.1209.
(14) (12) The department shall record the disposition of
each charge and shall inform the director of the Federal Bureau of
Investigation of the final disposition of any arrest or offense for which a
person's biometric data were collected under this section or section 16a of
chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.16a.
(15) (13) The department shall compare the biometric data
received with those already on file and if the department finds that the person
arrested has a criminal record, the department shall immediately inform the
arresting agency and prosecuting attorney of this fact.
(16) (14) Except as provided in subsection subsections (8) and (9), the provisions of subsection (10) (12) that require the
destruction of the biometric data and the arrest card do not apply to a person
who was arraigned for any of the following:
(a) The commission or attempted commission of a crime with or
against a child under 16 years of age.
(b) Rape.
(c) Criminal sexual conduct in any degree.
(d) Sodomy.
(e) Gross indecency.
(f) Indecent liberties.
(g) Child abusive commercial activities.
(h) A person who has a prior conviction, other than a
misdemeanor traffic offense, unless a judge of a court of record, except the
probate court, by express order on the record, orders the destruction or return
of the biometric data and arrest card.
(i) A person arrested who is a juvenile charged with an
offense that would constitute the commission or attempted commission of any of
the crimes in this subsection if committed by an adult.
(17) (15) Subsection (5) does not permit the forwarding
to the department of the biometric data of a person accused and convicted under
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a local
ordinance substantially corresponding to a provision of that act, unless the
offense is punishable upon conviction by imprisonment for more than 92 days or
is an offense that is punishable by imprisonment for more than 92 days upon a
subsequent conviction.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6256 (request no. 07595'20) of the 100th Legislature is enacted into law.