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MI SB1093

Bill

Status

Introduced

9/9/2020

Primary Sponsor

Peter Lucido

Click for details

Origin

Senate

100th Legislature

AI Summary

SB 1093 Summary

  • Amends the Code of Criminal Procedure (MCL 764.26a) to require removal of arrest records from the internet criminal history access tool (ICHAT) when charges are dismissed before trial.

  • Mandates expungement and destruction of arrest records, biometric data, and fingerprints if the prosecutor agrees or fails to object within 60 days of dismissal for cases dismissed after the law's effective date.

  • Requires removal of charge entries from LEIN (Law Enforcement Information Network) and expungement or destruction of DNA samples or profiles unless the State Police is required to retain them under the DNA Identification Profiling System Act.

  • Makes all court documents and records generated in connection with dismissed cases nonpublic and possessed by law enforcement agencies.

  • Directs the Department of State Police to comply with these requirements upon receipt of an appropriate court order from district or circuit court.

Legislative Description

Criminal procedure: records; certain court records to be sealed to the public if charges are dismissed; require. Amends sec. 26a, ch. IV of 1927 PA 175 (MCL 764.26a).

Criminal procedure: records

Last Action

Referred To Committee Of The Whole With Substitute (s-1)

12/2/2020

Committee Referrals

Judiciary And Public Safety9/9/2020

Full Bill Text

No bill text available