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MI HB6302

Bill

Status

Introduced

9/5/2018

Primary Sponsor

Sheldon Neeley

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Origin

House of Representatives

99th Legislature

AI Summary

  • Eliminates the one-time-only limitation on discharge and dismissal under section 7411, allowing individuals to receive deferral and dismissal more than once for drug possession offenses.

  • Changes mandatory language from "shall" to "must" throughout the statute regarding probation terms, court proceedings, and record management procedures.

  • Expands the range of drug treatment court eligibility by updating references from MCL 600.1084 to MCL 600.1086 under the revised judicature act.

  • Modifies language in subsection (3)(b)(i) to allow courts, law enforcement, and prosecutors to access nonpublic records to determine if a defendant has "previously" (rather than "already once") used this deferral provision.

  • Takes effect 90 days after enactment into law.

Legislative Description

Criminal procedure; expunction; deferral and dismissal of marihuana possession conviction; expand to allow more than one. Amends sec. 7411 of 1978 PA 368 (MCL 333.7411).

Records: other

Last Action

Bill Electronically Reproduced 09/05/2018

9/6/2018

Committee Referrals

Law And Justice9/5/2018

Full Bill Text

No bill text available