Bill Text: MI HB5995 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Criminal procedure; expunction; destruction of fingerprint records and arrest card for juveniles who successfully complete probation; allow. Amends sec. 3 of 1925 PA 289 (MCL 28.243).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-11 - Referred To Committee On Judiciary [HB5995 Detail]
Download: Michigan-2009-HB5995-Engrossed.html
HB-5995, As Passed House, May 6, 2010
HOUSE BILL No. 5995
March 24, 2010, Introduced by Rep. Sheltrown 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 2004 PA 222.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Except as provided in subsection (3), immediately
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
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, the arresting law
enforcement agency in this state shall take the person's
fingerprints and forward the fingerprints to the department within
72 hours after the arrest. The fingerprints shall be sent to the
department on forms furnished by or in a manner prescribed by the
department, and the department shall forward the fingerprints 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 take a person's
fingerprints 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 fingerprints have not previously
been taken and forwarded to the department under subsection (1). A
law enforcement agency shall take a person's fingerprints 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 take the person's
fingerprints before sentencing if not previously taken. 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 fingerprints 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 fingerprints are not required to be taken and
forwarded to the department under subsection (1) or (2) solely
because he or she has been convicted of 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 take 1 set of
fingerprints 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 fingerprints shall be forwarded to
the department immediately. Upon completion of the identification
process by the department, the fingerprints shall be destroyed.
(5) An arresting law enforcement agency in this state may take
the person's fingerprints on forms furnished by the commanding
officer upon an arrest for a misdemeanor other than a misdemeanor
described in subsection (1), (2), or (4), and may forward the
fingerprints to the department.
(6) If a court orders the taking of fingerprints of a person
pursuant to 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 fingerprints 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 he or she was fingerprinted 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
fingerprints and arrest card shall immediately destroy the
fingerprints and arrest card. The law enforcement agency shall
notify the department in writing 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 fingerprints were
forwarded to the department.
(8) 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 successfully completes a
period of probation resulting in a dismissal of the alleged
juvenile offense or if an accused is found not guilty of an offense
for which he or she was fingerprinted under this section, upon
final disposition of the charge against the accused or juvenile,
the fingerprints and arrest card shall 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 not guilty by reason of insanity, dismissal, or nolle
prosequi, if it appears that the accused was initially
fingerprinted 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, or has had his or her alleged
juvenile offense dismissed after successfully completing a period
of probation.
(9) 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 was fingerprinted if a juvenile was adjudicated to
have committed a juvenile offense or if the accused was convicted
of an offense for which he or she was fingerprinted 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 shall 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 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(8)(a) of the Michigan penal code, 1931 PA 328,
MCL 750.430.
(10) 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 was fingerprinted under this section or section 16a
of chapter IX of the code of criminal procedure, 1927 PA 175, MCL
769.16a.
(11) The department shall compare the fingerprints and
description 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.
(12) The provisions of subsection (8) that require the
destruction of the fingerprints and the arrest card do not apply to
a person who was arraigned in circuit court or the family division
of circuit court 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 fingerprints 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.
(13) Subsection (5) does not permit the forwarding to the
department of the fingerprints 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.
