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MI HB4839

Bill

Status

Introduced

6/13/2013

Primary Sponsor

Thomas Leonard

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Origin

House of Representatives

97th Legislature

AI Summary

  • Changes the language in Section 3 from "pursuant to" to "under" when referring to court orders setting aside convictions.

  • Requires courts to send copies of conviction set-aside orders to the arresting agency and Michigan Department of State Police.

  • Designates records of set-aside convictions as nonpublic and limits access to courts, judicial agencies, law enforcement, prosecutors, the Attorney General, and the Governor for specific purposes including licensing, sentencing considerations, pardon applications, and sex offender registration enforcement.

  • Allows individuals whose convictions are set aside to obtain a copy of the nonpublic record from the Department of State Police upon payment of a fee consistent with the Freedom of Information Act.

  • Adds "victim" as an exception to criminal penalties (up to 90 days imprisonment or $500 fine) for persons who knowingly divulge information about convictions set aside under the act, and defines "victim" as any individual suffering direct or threatened harm from the offense.

Legislative Description

Crime victims; rights; prohibition against victim disclosing information about conviction that has been set aside; remove. Amends sec. 3 of 1965 PA 213 (MCL 780.623).

Crime victims, rights

Last Action

Printed Bill Filed 06/14/2013

6/18/2013

Committee Referrals

Criminal Justice6/13/2013

Full Bill Text

No bill text available