SENATE BILL No. 1034

 

 

December 17, 2009, Introduced by Senator GARCIA and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1974 PA 163, entitled

 

"C.J.I.S. policy council act,"

 

by amending section 4 (MCL 28.214), as amended by 2005 PA 311, and

 

by adding section 4a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) The council shall do all of the following:

 

     (a) Establish policy and promulgate rules governing access,

 

use, and disclosure of information in criminal justice information

 

systems, including the law enforcement information network, the

 

automated fingerprint information system, and other information

 

systems related to criminal justice or law enforcement. The policy

 

and rules shall do all of the following:

 

     (i) Ensure access to information obtained by a federal, state,


 

or local governmental agency to administer criminal justice or

 

enforce any law.

 

     (ii) Ensure access to information provided by the law

 

enforcement information network or the automated fingerprint

 

identification system by a governmental agency engaged in the

 

enforcement of child support laws, child protection laws, or

 

vulnerable adult protection laws.

 

     (iii) Authorize a fire chief of an organized fire department or

 

his or her designee to request and receive information obtained

 

through the law enforcement information network by a law

 

enforcement agency for the following purposes:

 

     (A) A preemployment criminal convictions history.

 

     (B) A preemployment driving record.

 

     (C) Vehicle registration information for vehicles involved in

 

a fire or hazardous materials incident.

 

     (iv) Authorize a public or private school superintendent,

 

principal, or assistant principal to receive vehicle registration

 

information, of a vehicle within 1,000 feet of school property,

 

obtained through the law enforcement information network by a law

 

enforcement agency.

 

     (v) Establish Subject to section 4a, establish fees for

 

access, use, or dissemination of information from criminal justice

 

information systems.

 

     (b) Review applications for C.J.I.S. access and approve or

 

disapprove the applications and the sites. If an application is

 

disapproved, the applicant shall be notified in writing of the

 

reasons for disapproval.


 

     (c) Establish minimum standards for equipment and software and

 

its installation.

 

     (d) Advise the governor on issues concerning the criminal

 

justice information systems.

 

     (2) A person having direct access to nonpublic information in

 

the information systems governed by this act shall submit a set of

 

fingerprints for comparison with state and federal criminal history

 

records to be approved for access pursuant to the C.J.I.S. security

 

policy. A report of the comparison shall be provided to that

 

person's employer.

 

     (3) A person shall not access, use, or disclose nonpublic

 

information governed under this act for personal use or gain.

 

     (4) The attorney general or his or her designee, a prosecuting

 

attorney, or the court, in a criminal case, may disclose to the

 

defendant or the defendant's attorney of record information

 

pertaining to that defendant that was obtained from the law

 

enforcement information system.

 

     (5) A person shall not disclose information governed under

 

this act in a manner that is not authorized by law or rule.

 

     (6) A person who intentionally violates subsection (3) or (5)

 

is guilty of a crime as follows:

 

     (a) For a first offense, the person is guilty of a misdemeanor

 

punishable by imprisonment for not more than 93 days or a fine of

 

not more than $500.00, or both.

 

     (b) For a second or subsequent offense, the person is guilty

 

of a felony punishable by imprisonment for not more than 4 years or

 

a fine of not more than $2,000.00, or both.


 

     Sec. 4a. (1) The total amount of all fees charged to users of

 

the law enforcement information network shall be equal to the

 

following proportion of the state's service and contract

 

maintenance costs for the law enforcement information network:

 

     (a) Beginning October 1, 2010 until September 30, 2011, 25% of

 

the state's costs.

 

     (b) Beginning October 1, 2011 until September 30, 2012, 20% of

 

the state's costs.

 

     (c) Beginning October 1, 2012 until September 30, 2013, 15% of

 

the state's costs.

 

     (d) Beginning October 1, 2013 until September 30, 2014, 10% of

 

the state's costs.

 

     (e) Beginning October 1, 2014 until September 30, 2015, 5% of

 

the state's costs.

 

     (2) Beginning October 1, 2015, the council shall not charge

 

fees for use of the law enforcement information network.