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MI HB5804

Bill

Status

Engrossed

7/21/2020

Primary Sponsor

Gary Howell

Click for details

Origin

House of Representatives

100th Legislature

AI Summary

  • 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.

  • Changes language from "upon" to "on" in multiple sections for grammatical consistency and updates "shall" to "must" throughout the statute.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary And Public Safety7/23/2020
Judiciary5/27/2020
Transportation5/20/2020

Full Bill Text

No bill text available