BillCam

HB-4536, As Passed Senate, February 15, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 4536

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 charge or charges are dismissed before trial, both of the

following apply:

(a) The arrest record shall be removed from the internet

criminal history access tool (ICHAT).

(b) If the prosecutor of the case agrees at any time after the

case is dismissed, or if the prosecutor of the case or the judge of

the court in which the case was filed does not object within 60

days from the date an order of dismissal was entered for cases in

which the order of dismissal is entered after the effective date of

the amendatory act that added this section, all of the following

apply:

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

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

(ii) Any entry concerning the charge shall be removed from

LEIN.

(iii) Unless a DNA sample or profile, or both, is allowed or

required to be retained by the department of state police under

section 6 of the DNA identification profiling system act, 1990 PA

250, MCL 28.176, the DNA sample or profile, or both, obtained from

the individual shall be expunged or destroyed.

(2) The department of state police shall comply with the

requirements listed in subsection (1) upon receipt 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) House Bill No. 4537.

(b) House Bill No. 4538.

02766'17 c).