SB-0527, As Passed Senate, August 27, 2009
April 30, 2009, Introduced by Senators ALLEN, BROWN, KUIPERS, BIRKHOLZ and JELINEK and referred to the Committee on Commerce and Tourism.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2137 (MCL 600.2137), as amended by 2001 PA 76.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2137. (1) If a public officer reproduces court records
kept
by him or her pursuant to the records media reproduction act,
1992
PA 116, MCL 24.401 to 24.403 24.406, the officer may offer the
original
records to the department of history, arts, and libraries
state for placement in the state archives. If the department of
history,
arts, and libraries state accepts
the offer within 30
days, the court shall transfer the records to that department. If
the
department of history, arts, and libraries state does not
accept the offer within 30 days, the court may dispose of or
destroy the records in the manner provided for state agencies under
sections 285 and 287 of the management and budget act, 1984 PA 431,
MCL 18.1285 and 18.1287, and section 5 of 1913 PA 271, MCL 399.5.
The record of a court shall not be disposed of or destroyed until
the record has been in the custody of the court for not less than 6
years.
(2) In a county or probate court district in which the county
board or boards of commissioners pass a resolution or resolutions
for
reproducing records pursuant to the records media reproduction
act,
1992 PA 116, MCL 24.401 to 24.403 24.406, the judge of probate
may cause the records of the probate court to be so reproduced. The
judge of probate shall cause a copy or a duplicate to be kept in a
building outside of the probate office and shall keep a copy
available in the probate office with any suitable equipment
necessary for displaying the record at not less than its original
size or for preparing copies for persons entitled to copies. The
judge of probate then may order a record destroyed. A reproduction
in
a medium pursuant to the records media reproduction act, 1992 PA
116,
MCL 24.401 to 24.403 24.406, or a reproduction consisting of a
printout or other output readable by sight from such a medium is
admissible as evidence before a court, commission, or
administrative body the same as the original. The original file of
an estate proceeding shall not be destroyed until 6 years have
elapsed from the date of filing of the discharge of the fiduciary
or 10 years have elapsed from the filing of the last document,
whichever date occurs first.
(3) A court of record other than the district court may order
the destruction of a court reporter or recorder note, tape, or
recording 15 years after the date that the note, tape, or recording
was made for a felony case and 10 years after the date that the
note, tape, or recording was made for any other case. One year
after a transcript of a note, tape, or recording is filed with the
court, the court may order the destruction of the note, tape, or
recording. If a transcript of a trial or other proceeding in a
court of record other than the district court is ordered other than
for filing in the case file, the court reporter or recorder also
shall prepare and shall file a certified copy of the transcript in
the case file at the expense of the person ordering the transcript
unless a copy has been filed with the court or unless the chief
judge of the court orders otherwise in an order filed in the case
file. As used in this subsection, "felony case" does not include
proceedings in a case that occur before arraignment on information
or indictment or proceedings in a case in which the defendant is
not convicted of a felony.
(4) Except as provided in subsection (3), a judicial circuit
of the circuit court may order the destruction of its files and
records in a case in which action has not been taken during the 25
years immediately preceding the order of destruction. All of the
following procedures shall be followed before the issuance of an
order of destruction of circuit court files and records:
(a) The judgment or decree, if any, shall be reproduced
pursuant
to the records media reproduction
act, 1992 PA 116, MCL
24.401
to 24.403 24.406, or separated and retained, and the
original or reproduction shall be made available for public
inspection.
(b) The circuit court shall offer the files and records,
subject to the order of destruction, to the Michigan historical
commission established by 1913 PA 271, MCL 399.1 to 399.10, or a
historical commission created pursuant to 1957 PA 213, MCL 399.171
to 399.172. If the historical commission accepts the offer within
30 days, the circuit court shall transfer the files and records to
the historical commission. If the historical commission does not
accept the offer within 30 days, the circuit court shall issue an
order of destruction.
(5) A reproduction of a record in a medium pursuant to the
records
media reproduction act, 1992 PA 116, MCL 24.401 to 24.403
24.406, or a reproduction consisting of a printout or other output
readable by sight from such a medium, made as provided by law, has
the same force and effect as the original would have had and shall
be treated as an original for the purpose of admissibility in
evidence. A duly certified or authenticated copy of the
reproduction shall be admitted into evidence equally with the
original reproduction.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 503
of the 95th Legislature is enacted into law.