HB 5870 Summary

• Expands biometric data collection by law enforcement to include arrests for felonies, misdemeanors with penalties exceeding 92 days imprisonment or $1,000 fines, DNA-eligible misdemeanors, and criminal contempt violations including foreign protection order breaches.

• Requires arresting agencies to collect and forward biometric data to the Michigan State Police within 72 hours of arrest, with the state police forwarding data to the Federal Bureau of Investigation as prescribed.

• Permits biometric data collection for lower-level misdemeanors (93-day maximum penalties) and local ordinance violations upon conviction, and allows optional collection for other misdemeanors.

• Mandates destruction of biometric data and arrest cards when no charges are filed, when defendants are acquitted, or when juveniles are found not to be delinquent, with exceptions for serious crimes (sexual offenses, crimes against children under 16) and persons with prior non-traffic convictions.

• Prohibits forwarding of biometric data collected under this act to the Federal Bureau of Investigation for inclusion in federal databases that utilize facial recognition technology.