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MI HB4980

Bill

Status

Passed

10/13/2020

Primary Sponsor

Eric Leutheuser

Click for details

Origin

House of Representatives

100th Legislature

AI Summary

HB 4980 Summary

  • Automatically sets aside misdemeanor convictions (maximum 92 days imprisonment) after 7 years without requiring an application, beginning 2 years after enactment and subject to appropriation.

  • Automatically sets aside felony convictions after 10 years from sentence completion or imposition, limited to not more than 2 felonies and 4 misdemeanors per lifetime, with exceptions for assaultive crimes, serious misdemeanors, crimes of dishonesty, and human trafficking offenses.

  • Establishes the Michigan Set Aside Fund to cover implementation costs, system upgrades, and staffing needs for the Department of State Police, Department of Technology Management and Budget, and State Court Administrative Office.

  • Creates procedures for conviction reinstatement if improperly set aside or if individual fails to make good-faith restitution payments, and requires courts to notify law enforcement agencies monthly of convictions set aside.

  • Maintains nonpublic records of set-aside convictions accessible only to courts, law enforcement, prosecutors, and corrections for specific purposes including sentencing enhancement and licensing decisions.

Legislative Description

Criminal procedure: expunction; certain convictions to be automatically set aside after 10 years under certain circumstances; provide for. Amends secs. 2, 3 & 4 of 1965 PA 213 (MCL 780.622 et seq.) & adds secs. 1g, 1h & 1i. TIE BAR WITH: HB 4981'19, HB 4982'19, HB 4983'19, HB 4984'19, HB 4985'19, HB 5120'19

Crimes: penalties

Last Action

Assigned Pa 193'20 With Immediate Effect

10/13/2020

Committee Referrals

Judiciary And Public Safety11/7/2019
Judiciary9/17/2019

Full Bill Text

No bill text available