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Bill > HB4538
MI HB4538
MI HB4538Criminal procedure; pretrial procedure; expunction and destruction of biometric data; eliminate certain exceptions. Amends sec. 3 of 1925 PA 289 (MCL 28.243). TIE BAR WITH: HB 4536'17, HB 4537'17
summary
Introduced
04/26/2017
04/26/2017
In Committee
02/14/2018
02/14/2018
Crossed Over
12/06/2017
12/06/2017
Passed
02/22/2018
02/22/2018
Dead
Signed/Enacted/Adopted
03/14/2018
03/14/2018
Introduced Session
99th Legislature
Bill Summary
Public Acts of 2018 Approved by the Governor March 13, 2018 Filed with the Secretary of State March 14, 2018 EFFECTIVE DATE: June 12, 2018 STATE OF MICHIGAN 99TH LEGISLATURE REGULAR SESSION OF 2018 Introduced by Rep. Lucido ENROLLED HOUSE BILL No. 4538 AN ACT to amend 1925 PA 289, entitled "An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act," by amending section 3 (MCL 28.243), as amended by 2012 PA 374.
AI Summary
This bill eliminates certain exceptions that allowed law enforcement agencies to collect and forward biometric data (such as fingerprints) to the state police and the Federal Bureau of Investigation following an arrest. The bill requires that biometric data be destroyed if no charges are filed or if the person is found not guilty, with some exceptions for certain serious crimes. The bill also specifies that arrest records be removed from the state's criminal history database and fingerprints be expunged or destroyed if charges are dismissed before trial, with some exceptions. This bill is tied to two other bills (HB 4536 and HB 4537) and takes effect 90 days after being enacted into law.
Committee Categories
Justice
Sponsors (1)
Last Action
Assigned Pa 67'18 With Immediate Effect (on 03/14/2018)
Official Document
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