HOUSE BILL No. 4536

 

 

April 26, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding section 26a to chapter IV.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER IV

 

     Sec. 26a. (1) If an individual is arrested for any crime and

 

the complaining witness recants his or her statement, affidavit, or

 

testimony alleging that the individual committed 1 or more offenses

 

against the witness before trial is held in the matter, and the

 

charge is dismissed before trial, both of the following apply:

 

     (a) The arrest record, all biometric data, fingerprints, and

 

DNA sample or profile, and statements obtained from the individual

 

shall be expunged or destroyed, or both, as appropriate.

     (b) Any entry concerning the charge and the individual shall

 

be removed from the LEIN.

 

     (2) The requirements listed in subsection (1) are satisfied

 

upon the issuance of an appropriate order of the district court or

 

the circuit court.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4537 (request no.

 

02766'17 a).

 

     (b) Senate Bill No.____ or House Bill No. 4538 (request no.

 

02766'17 b).