Bill Text: MI HB6453 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: expunction; eligibility for record expungement of operating while intoxicated convictions; allow. Amends sec. 1c of 1965 PA 213 (MCL 780.621c).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-12-02 - Referred To Second Reading [HB6453 Detail]
Download: Michigan-2019-HB6453-Introduced.html
HOUSE BILL NO. 6453
November 18, 2020, Introduced by Rep. LaFave
and referred to the Committee on Judiciary.
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,"
by amending section 1c (MCL 780.621c), as added by 2020 PA 187.
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 violation of section 625(4) or (5) of the Michigan
vehicle code, 1949 PA 300, MCL 257.625, or a violation of section 625 of the
Michigan vehicle code, 1949 PA 300, MCL 257.625, punishable as provided under
section 625(9)(b) or (c) of the Michigan vehicle code, 1949 PA 300, MCL
257.625, 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 not described in subparagraph (i) 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.
