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MI SB1295
Bill
Status
11/8/2012
Primary Sponsor
Tonya Schuitmaker
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AI Summary
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Allows first-time drug offenders to receive probation with deferred judgment if they plead guilty or are found guilty of possession or use of controlled substances under specified sections, or possession/use of imitation controlled substances for a second time.
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Permits discharge and dismissal of proceedings upon successful completion of probation terms, which is not considered a conviction for purposes of disqualifications or disabilities imposed by law, with only one such discharge allowed per individual.
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Authorizes the Michigan Department of State Police to retain nonpublic records of arrests and discharges/dismissals and share them with courts, prosecutors, law enforcement, the Department of Corrections, and the Michigan Commission on Law Enforcement Standards for specified purposes including employment determinations and law enforcement officer certification eligibility.
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Requires courts to order screening and assessment for individuals convicted of a second violation of imitation controlled substance violations to determine eligibility for rehabilitative services, with the person bearing the cost of assessment and treatment programs.
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Clarifies that persons subjected to civil fines for first violations of imitation controlled substance offenses are not considered to have previous drug convictions for purposes of the statute.
Legislative Description
Law enforcement; other; certain records of probation to be provided to the Michigan commission on law enforcement standards; require. Amends sec. 7411 of 1978 PA 368 (MCL 333.7411).
Law enforcement, other
Last Action
Referred To Committee On Judiciary
11/8/2012