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MI HB4980
Bill
Status
10/13/2020
Primary Sponsor
Eric Leutheuser
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AI Summary
HB 4980 Summary
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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.
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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.
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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.
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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.
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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