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MI HB5804
Bill
Status
7/21/2020
Primary Sponsor
Gary Howell
Click for details
AI Summary
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Removes the exception that previously prevented collection of biometric data solely for violations of Michigan vehicle code section 904(3)(a) (failing to produce identification), allowing such data collection for traffic-related arrests.
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Changes language from "upon" to "on" in multiple sections for grammatical consistency and updates "shall" to "must" throughout the statute.
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Maintains biometric data collection requirements for felonies, certain misdemeanors with maximum penalties exceeding 92 days or $1,000 fines, and juvenile offenses, with procedures for destruction when charges are dismissed or defendants are found not guilty.
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Requires arrest records to be removed from ICHAT (internet criminal history access tool) when charges are dismissed, and permits expungement of biometric data and fingerprints if prosecutor agrees or does not object within 60 days of dismissal.
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Bill takes effect only if HB 5802 is enacted into law (tie-bar provision).
Legislative Description
Traffic control; violations; collection of biometric data for traffic violation; eliminate. Amends sec. 3 of 1925 PA 289 (MCL 28.243). TIE BAR WITH: HB 5802'19
Traffic control: driver license
Last Action
Referred To Committee On Judiciary And Public Safety
7/23/2020