Bill Text: MI SB0177 | 2021-2022 | 101st 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) 2021-02-24 - Referred To Committee On Judiciary And Public Safety [SB0177 Detail]
Download: Michigan-2021-SB0177-Introduced.html
SENATE BILL NO. 177
February 24, 2021, Introduced by Senator
MCBROOM and referred to the Committee on Judiciary and Public Safety.
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 Subject to
subsection (3), a conviction for
operating while intoxicated committed
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 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) The prohibition
on setting aside a conviction for operating while intoxicated under subsection
(1)(d)(i) does not apply to a conviction for a first violation
operating while intoxicated offense if the person applying to have the first
violation operating while intoxicated offense conviction set aside has not
previously applied to have and had a first time operating while intoxicated
offense conviction set aside under this act. However, a conviction for a first
violation operating while intoxicated offense that may be set aside upon
application is not eligible for and shall not be set aside without application under section 1g.
(4) (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.
(5) As used in
this section:
(a) "First
violation operating while intoxicated offense" means a violation of any of
the following committed by an individual who at the time of the violation has
no prior convictions for violating section 625 of the Michigan vehicle code,
1949 PA 300, MCL 257.625:
(i) Section 625(1),
(2), (3), (6), or (8) of the Michigan vehicle code, 1949 PA 300, MCL 257.625.
(ii) A local
ordinance substantially corresponding to a violation listed in subparagraph (i).
(iii) A law of an
Indian tribe substantially corresponding to a violation listed in subparagraph
(i).
(iv) A law of another
state substantially corresponding to a violation listed in subparagraph (i).
(v) A law of the
United States substantially corresponding to a violation listed in subparagraph
(i).
(b)
"Operating while intoxicated" means a violation of any of the following
that is not a first violation operating while intoxicated offense:
(i) Section 625 or
625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.625m.
(ii) A local
ordinance substantially corresponding to a violation
listed in subparagraph (i).
(iii) A law of an
Indian tribe substantially corresponding to a violation listed in subparagraph
(i).
(iv) A law of
another state substantially corresponding to a violation listed in subparagraph
(i).
(v) A law of the
United States substantially corresponding to a violation listed in subparagraph
(i).
Enacting section 1. This amendatory act takes effect April 11, 2021.
