Bill Text: MI SB0706 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: records; return of biometric data and removal of certain records in certain circumstances; require. Amends sec. 26a, ch. IV of 1927 PA 175 (MCL 764.26a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - Referred To Committee On Judiciary And Public Safety [SB0706 Detail]
Download: Michigan-2019-SB0706-Introduced.html
SENATE BILL NO. 706
January 08, 2020, Introduced by Senator LUCIDO
and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 26a of chapter IV (MCL 764.26a), as added by 2018 PA 65.
the people of the state of michigan enact:
Sec. 26a. (1) 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 section, June 12, 2018, all 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
LEIN.
(iii) Unless a DNA
sample or profile, or both, is allowed or required to be retained by the
department of state police under section 6 of the DNA identification profiling
system act, 1990 PA 250, MCL 28.176, the DNA sample or profile, or both,
obtained from the individual shall
must be
expunged or destroyed.
(2) The department of state police shall comply with the
requirements listed in subsection (1) upon receipt of an appropriate order of
the district court or the circuit court.
(3) If
an individual is arrested or detained by a law enforcement agency for any crime
and the individual is not charged for a crime as a result of that arrest or detention,
both of the following must occur not more than 180 days after the arrest or detention:
(a) All
biometric data and fingerprints collected during the arrest or detention must
be returned to the individual.
(b) Any
entry concerning the arrest or detention must be removed from LEIN.