HOUSE BILL No. 4294

 

 

March 5, 2019, Introduced by Reps. Berman, Mueller, Green, Slagh, Eisen, Cynthia Johnson, LaGrand, Markkanen, Wittenberg, Whitsett and Robinson and referred to the Committee on Judiciary.

 

     A bill to amend 1974 PA 163, entitled

 

"C.J.I.S. policy council act,"

 

by amending section 4 (MCL 28.214), as amended by 2018 PA 66.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) The council or the department of state police

 

shall do all of the following:

 

     (a) Establish policy and promulgate rules governing access,

 

use, and disclosure of information in criminal justice information

 

systems, including the law enforcement information network, the

 

automated fingerprint information system, and other information

 

systems related to criminal justice or law enforcement. The policy

 

and rules must do all of the following:

 

     (i) Ensure access to information obtained by a federal, state,

 

or local governmental agency to administer criminal justice or

 

enforce any law.

 

     (ii) Ensure access to information provided by the law

 

enforcement information network or the automated fingerprint

 

identification system by a governmental agency engaged in the

 

enforcement of child support laws, child protection laws, or

 

vulnerable adult protection laws.

 

     (iii) Ensure access by the department of health and human

 

services to information necessary to implement section 10c of the

 

social welfare act, 1939 PA 280, MCL 400.10c.

 

     (iv) Authorize a fire chief of an organized fire department or

 

his or her designee to request and receive information obtained

 

through the law enforcement information network by a law

 

enforcement agency for the following purposes:

 

     (A) A preemployment criminal convictions history.

 

     (B) A preemployment driving record.

 

     (C) Vehicle registration information for vehicles involved in

 

a fire or hazardous materials incident.

 

     (v) Authorize a public or private school superintendent,

 

principal, or assistant principal to receive vehicle registration

 

information, of a vehicle within 1,000 feet of school property,

 

obtained through the law enforcement information network by a law

 

enforcement agency.

 

     (vi) Authorize a federally licensed firearms dealer to request

 

and receive information to determine whether a firearm has been

 

reported lost or stolen through the law enforcement information

network.

 

     (vii) (vi) Establish fees for access, use, or dissemination of

 

information from criminal justice information systems.

 

     (b) Review applications for C.J.I.S. access and approve or

 

disapprove the applications and the sites. If an application is

 

disapproved, the applicant must be notified in writing of the

 

reasons for disapproval.

 

     (c) Establish minimum standards for equipment and software and

 

its installation.

 

     (d) Advise the governor on issues concerning the criminal

 

justice information systems.

 

     (e) Establish policy and promulgate rules concerning the

 

expunction, destruction, or both, of information and data in

 

criminal justice information systems, including the law enforcement

 

information network, the automated fingerprint information system,

 

and other information systems related to criminal justice or law

 

enforcement, as required under section 26a of chapter IV of the

 

code of criminal procedure, 1927 PA 175, MCL 764.26a.

 

     (2) A person having direct access to nonpublic information in

 

the information systems governed by this act shall submit a set of

 

fingerprints for comparison with state and federal criminal history

 

records to be approved for access under the C.J.I.S. security

 

policy. A report of the comparison must be provided to that

 

person's employer.

 

     (3) A person shall not access, use, or disclose nonpublic

 

information governed under this act for personal use or gain.

 

     (4) The attorney general or his or her designee, a prosecuting

attorney, or the court, in a criminal case, may disclose to the

 

defendant or the defendant's attorney of record information

 

pertaining to that defendant that was obtained from the law

 

enforcement information system.

 

     (5) A person shall not disclose information governed under

 

this act in a manner that is not authorized by law or rule.

 

     (6) A person who intentionally violates subsection (3) or (5)

 

is guilty of a crime as follows:

 

     (a) For a first offense, the person is guilty of a misdemeanor

 

punishable by imprisonment for not more than 93 days or a fine of

 

not more than $500.00, or both.

 

     (b) For a second or subsequent offense, the person is guilty

 

of a felony punishable by imprisonment for not more than 4 years or

 

a fine of not more than $2,000.00, or both.

 

     (7) As used in this section, "federally licensed firearms

 

dealer" means a person licensed to sell firearms under 18 USC 923.