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MI SB0723

Bill

Official Source

Status

Introduced

1/28/2016

Primary Sponsor

Bertram Johnson

Click for details

Origin

Senate

98th Legislature

AI Summary

  • Charges must be dismissed if a person is charged with a misdemeanor or felony based on another person's identifying information or mistaken identity, with the prosecutor requesting dismissal and providing the court with the reason.

  • Upon dismissal, the court shall order expungement of all records related to the person's apprehension and charging, including police reports and documents containing entries about the arrest.

  • "Mistaken identity" is defined as erroneous arrest due to witness or law enforcement misidentification, confusion about the perpetrator's identity, misinformation about identity, or other mistakes by witnesses or law enforcement regarding the actual perpetrator.

Legislative Description

Criminal procedure; records; automatic expunction of arrest records for wrongful arrest due to mistaken identity or identity theft; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 12 to ch. III.

Criminal procedure: arrests

Last Action

Referred To Committee Of The Whole

5/12/2016

Committee Referrals

Judiciary1/28/2016

Full Bill Text

No bill text available