Bill Text: MI HB6302 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Criminal procedure; expunction; deferral and dismissal of marihuana possession conviction; expand to allow more than one. Amends sec. 7411 of 1978 PA 368 (MCL 333.7411).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-09-06 - Bill Electronically Reproduced 09/05/2018 [HB6302 Detail]
Download: Michigan-2017-HB6302-Introduced.html
HOUSE BILL No. 6302
September 5, 2018, Introduced by Rep. Neeley and referred to the Committee on Law and Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7411 (MCL 333.7411), as amended by 2016 PA 291.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7411. (1) When an individual who has not previously been
convicted of an offense under this article or under any statute of
the United States or of any state relating to narcotic drugs, coca
leaves, marihuana, or stimulant, depressant, or hallucinogenic
drugs, pleads guilty to or is found guilty of possession of a
controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c),
or (d), or of use of a controlled substance under section 7404, or
possession or use of an imitation controlled substance under
section 7341 for a second time, the court, without entering a
judgment of guilt with the consent of the accused, may defer
further proceedings and place the individual on probation upon
terms
and conditions that shall must
include, but are not limited
to, payment of a probation supervision fee as prescribed in section
3c of chapter XI of the code of criminal procedure, 1927 PA 175,
MCL 771.3c. The terms and conditions of probation may include
participation in a drug treatment court under chapter 10A of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to
600.1084.
600.1086. Upon violation of a term or condition, the
court may enter an adjudication of guilt and proceed as otherwise
provided. Upon fulfillment of the terms and conditions, the court
shall discharge the individual and dismiss the proceedings.
Discharge
and dismissal under this section shall must be without
adjudication of guilt and, except as otherwise provided by law, is
not a conviction for purposes of this section or for purposes of
disqualifications or disabilities imposed by law upon conviction of
a crime, including the additional penalties imposed for second or
subsequent
convictions under section 7413. There may be only 1
discharge
and dismissal under this section as to an individual.
(2)
All court proceedings under this section shall must be
open to the public. Except as provided in subsection (3), if the
record of proceedings as to the defendant is deferred under this
section, the record of proceedings during the period of deferral
shall
must be closed to public inspection.
(3) Unless the court enters a judgment of guilt under this
section, the department of state police shall retain a nonpublic
record of the arrest, court proceedings, and disposition of the
criminal charge under this section. However, the nonpublic record
shall
must be open to the following individuals and entities
for
the purposes noted:
(a) The courts of this state, law enforcement personnel, the
department of corrections, and prosecuting attorneys for use only
in the performance of their duties or to determine whether an
employee of the court, law enforcement agency, department of
corrections, or prosecutor's office has violated his or her
conditions of employment or whether an applicant meets criteria for
employment with the court, law enforcement agency, department of
corrections, or prosecutor's office.
(b) The courts of this state, law enforcement personnel, and
prosecuting
attorneys for the purpose of showing either of the
following purposes:
(i) That Showing that a defendant has
already once previously
availed himself or herself of this section.
(ii) Determining whether the defendant in a criminal action is
eligible for discharge and dismissal of proceedings by a drug
treatment court under section 1076 of the revised judicature act of
1961, 1961 PA 236, MCL 600.1076.
(c) The department of human services for enforcing child
protection laws and vulnerable adult protection laws or
ascertaining the preemployment criminal history of any individual
who will be engaged in the enforcement of child protection laws or
vulnerable adult protection laws.
(d) The Michigan commission on law enforcement standards
created in section 3 of the Michigan commission on law enforcement
standards act, 1965 PA 203, MCL 28.603, as follows:
(i) The If the court placed the
individual on probation after
March 25, 2002.
(ii) If, at the time of the request, the individual is seeking
licensure as a law enforcement officer under the Michigan
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.615, the Michigan commission on law enforcement
standards may use the record to determine whether the individual
meets the requirements for licensure as provided in that act.
(iii) If the individual is licensed or certified as a law
enforcement officer under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, the
Michigan commission on law enforcement standards may use the record
to determine whether the license or certificate may be revoked as
provided in that act.
(iv) If the individual is seeking admission to a law
enforcement training academy, the Michigan commission on law
enforcement standards may use the record to determine whether the
individual meets the requirements for admission to the academy as
provided in the Michigan commission on law enforcement standards
act, 1965 PA 203, MCL 28.601 to 28.615.
(v) If the individual is seeking a waiver from the law
enforcement officer minimum standards regarding training
requirements, the Michigan commission on law enforcement standards
may use the record to determine whether the individual meets the
requirements for the waiver as provided in the Michigan commission
on law enforcement standards act, 1965 PA 203, MCL 28.601 to
28.615.
(4) For purposes of this section, a person subjected to a
civil
fine for a first violation of section 7341(4) shall must not
be considered to have previously been convicted of an offense under
this article.
(5) Except as provided in subsection (6), if an individual is
convicted of a violation of this article, other than a violation of
section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the
court as part of the sentence, during the period of confinement or
the period of probation, or both, may require the individual to
attend a course of instruction or rehabilitation program approved
by the department on the medical, psychological, and social effects
of the misuse of drugs. The court may order the individual to pay a
fee, as approved by the director, for the instruction or program.
Failure to complete the instruction or program is a violation of
the terms of probation.
(6) If an individual is convicted of a second violation of
section 7341(4), before imposing sentence under subsection (1), the
court shall order the person to undergo screening and assessment by
a person or agency designated by the office of substance abuse
services, to determine whether the person is likely to benefit from
rehabilitative services, including alcohol or drug education and
alcohol or drug treatment programs. As part of the sentence imposed
under subsection (1), the court may order the person to participate
in and successfully complete 1 or more appropriate rehabilitative
programs. The person shall pay for the costs of the screening,
assessment, and rehabilitative services. Failure to complete a
program is a violation of the terms of the probation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
