House Introduced Bill 5531

HOUSE BILL No. 5531


     February 4, 1998, Introduced by Rep. Profit and referred to the Committee on Judiciary.


        A bill to amend 1925 PA 289, entitled

   "An act to create a bureau of criminal identification and records
   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 for violation of this
   act,"

   by amending section 243 (MCL 28.243), as amended by 1989 PA 97.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 3.  (1)  The police department of a city or village,

 2     the police department of a township, the sheriff's department of

 3     a county, the department of state police, and any other govern-

 4     mental law enforcement agency in the state, immediately upon the

 5     arrest of a  EXCEPT AS PROVIDED IN THIS SUBSECTION, ANY LAW

 6    ENFORCEMENT AGENCY IN THE STATE SHALL TAKE A PERSON'S

 7    FINGERPRINTS IMMEDIATELY UPON THE ARREST OF THE person for a

 8    felony or for a misdemeanor for which the maximum possible


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 1    penalty exceeds 92 days imprisonment or a fine of $1,000.00, or

 2    both, or for a juvenile offense.  ,  THE LAW ENFORCEMENT AGENCY

 3    shall take the person's fingerprints in duplicate and forward the

 4    fingerprints to the department  of state police  within 72 hours

 5    after the arrest.  One set of fingerprints shall be sent to the

 6    division on forms furnished by the commanding officer, and 1 set

 7    of fingerprints shall be furnished to the director of the federal

 8    bureau of investigation on forms furnished by the director.  THE

 9    LAW ENFORCEMENT AGENCY MAY TAKE A PERSON'S FINGERPRINTS UPON THE

10    ARREST OF THE PERSON FOR A MISDEMEANOR DESCRIBED IN THIS SUBSEC-

11    TION THAT IS A VIOLATION OF A LOCAL ORDINANCE BUT SHALL NOT FOR-

12    WARD THEM TO THE DEPARTMENT BEFORE CONVICTION.  IF THE PERSON IS

13    CONVICTED OF A MISDEMEANOR DESCRIBED IN THIS SUBSECTION THAT IS A

14    VIOLATION OF A LOCAL ORDINANCE, THE LAW ENFORCEMENT AGENCY SHALL

15    TAKE THE PERSON'S FINGERPRINTS IF NOT PREVIOUSLY TAKEN UNDER THIS

16    SUBSECTION AND FORWARD THEM WITHIN 72 HOURS AFTER ENTRY OF THE

17    CONVICTION IN THE SAME MANNER AS PROVIDED IN THIS SUBSECTION.

18         (2)  The police department of a city or village, the police

19     department of a township, the sheriff's department of a county,

20     the department of state police, and any other governmental  ANY

21    law enforcement agency  in the state  may take 1 set of finger-

22    prints of a person who is arrested for a misdemeanor punishable

23    by imprisonment for not more than 92 days  ,  or a fine of not

24    more than $1,000.00, or both, and who fails to produce satisfac-

25    tory evidence of identification as required by section 1 of  Act

26     No. 44 of the Public Acts of 1961, being section 780.581 of the

27     Michigan Compiled Laws  1961 PA 44, MCL 780.581.  These



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 1    fingerprints shall be forwarded to the department  of state

 2     police  immediately.  Upon completion of the identification pro-

 3    cess by the department,  of state police,  the fingerprints shall

 4    be returned to the arresting LAW ENFORCEMENT agency.

 5         (3)  The police department of a city or village, the police

 6     department of a township, the sheriff's department of a county,

 7     the department of state police, and any other governmental  ANY

 8    law enforcement agency  in the state, upon the arrest of a person

 9     for a misdemeanor,  may take  the  A person's fingerprints on

10    forms furnished by the commanding officer  , but may  UPON THE

11    ARREST OF THE PERSON FOR A MISDEMEANOR.  HOWEVER, THE LAW

12    ENFORCEMENT AGENCY SHALL not forward the fingerprints to the

13    department unless the person is convicted of a misdemeanor.

14         (4) If a petition is not authorized for a juvenile accused

15    of a juvenile offense or if a person arrested for having commit-

16    ted a felony or a misdemeanor is released without a charge made

17    against him or her, the official taking or holding the person's

18    fingerprints, arrest card, and description shall immediately

19    return this information to the person without the necessity of a

20    request.  If this information is not returned, the person shall

21    have the absolute right to demand and receive its return at any

22    time after the person's release and without need to petition for

23    court action.  The local  police  LAW ENFORCEMENT agency shall

24    notify the commanding officer in writing that no petition was

25    authorized against the juvenile or that no charge was made

26    against the arrested person if the juvenile's or arrested

27    person's fingerprints were forwarded to the department.



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 1         (5) If a juvenile is adjudicated and found not to be within

 2    the provisions of section 2(a)(1) of  Act No. 288 of the Public

 3     Acts of 1939, being section 712A.2 of the Michigan Compiled Laws 

 4    CHAPTER XIIA OF 1939 PA 288, MCL 712A.2, or if an accused is

 5    found not guilty of the offense, the arrest card, the finger-

 6    prints, and description shall be returned to him or her by the

 7    official holding this information.  If for any reason the offi-

 8    cial holding the information does not return the information

 9    within 60 days of the adjudication or the finding of not guilty,

10    the accused  shall have  HAS the right to obtain an order from

11    the court having jurisdiction over the case for the return of the

12    information.  If the order of return is not complied with, the

13    accused  shall have  HAS the right to petition the  juvenile 

14    FAMILY COURT division of the  probate  CIRCUIT court of the

15    county where the original petition was filed or the circuit court

16    of the county where the original charge was made for a preemptory

17    writ of mandamus to require issuance of the order of return.

18    Upon final disposition of the charge against the accused, the

19    clerk of the court entering the disposition shall notify the com-

20    manding officer of any finding of not guilty or not guilty by

21    reason of insanity, dismissal, or nolle prosequi, if it appears

22    that the accused was initially arrested for a felony or a misde-

23    meanor punishable by imprisonment for more than 92 days or of any

24    finding that a juvenile accused of a juvenile offense is not

25    within the provisions of section 2(a)(1) of  Act No. 288 of the

26     Public Acts of 1939  CHAPTER XIIA OF 1939 PA 288, MCL 712A.2.





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 1         (6) Upon final disposition of the charge against the

 2    accused, the clerk of the court entering the disposition shall

 3    immediately advise the commanding officer of the final disposi-

 4    tion of the arrest for which the  accused  PERSON was finger-

 5    printed if a juvenile was adjudicated to have committed a juve-

 6    nile offense or if the accused was convicted of a felony or a

 7    misdemeanor.  With regard to any adjudication or conviction, the

 8    clerk shall transmit to the commanding officer information as to

 9    any adjudication or finding of guilty or guilty but mentally ill;

10    any plea of guilty, nolo contendere, or guilty but mentally ill;

11    the offense of which the accused was convicted; and a summary of

12    any deposition or sentence imposed.  The summary of the sentence

13    shall include any probationary term; any minimum, maximum, or

14    alternative term of imprisonment; the total of all fines, costs,

15    and restitution ordered; and any modification of sentence.  If

16    the sentence is imposed under any of the following sections, the

17    report shall so indicate:

18         (a) Section 7411 of the public health code,  Act No. 368 of

19     the Public Acts of 1978, being section 333.7411 of the Michigan

20     Compiled Laws  1978 PA 368, MCL 333.7411.

21         (b) Sections 11 to 15 of chapter II of the code of criminal

22    procedure,  Act No. 175 of the Public Acts of 1927, being sec-

23     tions 762.11 to 762.15 of the Michigan Compiled Laws  1927 PA

24    175, MCL 762.11 TO 762.15.

25         (c) Section 4a of chapter IX of the code of criminal proce-

26    dure,  Act No. 175 of the Public Acts of 1927, being section

27     769.4a of the Michigan Compiled Laws  1927 PA 175, MCL 769.4A.



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 1         (d) Section 350a(4) of the Michigan penal code,  Act No. 328

 2     of the Public Acts of 1931, being section 750.350a of the

 3     Michigan Compiled Laws  1931 PA 328, MCL 750.350A.

 4         (7) The commanding officer shall record the disposition of

 5    each charge and shall inform the director of the federal bureau

 6    of investigation of the final disposition of the felony or misde-

 7    meanor arrest.

 8         (8) The commanding officer shall compare the fingerprints

 9    and description received with those already on file and if the

10    commanding officer finds that the person arrested has a criminal

11    record, the commanding officer shall immediately inform the

12    arresting agency and prosecuting attorney of this fact.

13         (9) The provisions of this section requiring the return of

14    the fingerprints, arrest card, and description  shall  DO not

15    apply in the following cases:

16         (a) The person arrested was charged with the commission or

17    attempted commission, or if the person arrested is a juvenile,

18    was charged with an offense  which  THAT if committed by an adult

19    would constitute the commission or attempted commission  ,  of a

20    crime with or against a child under 16 years of age or the crime

21    of criminal sexual conduct in any degree, rape, sodomy, gross

22    indecency, indecent liberties, or child SEXUALLY abusive

23     commercial  activities OR MATERIALS.

24         (b) The person arrested has a prior conviction other than a

25    misdemeanor traffic offense, unless a judge of a court of record,

26    except the JUVENILE DIVISION OF probate court OR THE FAMILY

27    DIVISION OF THE CIRCUIT COURT IN A CASE NOT DESIGNATED TO BE



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 1    TRIED IN THE SAME MANNER AS AN ADULT UNDER SECTION 2D OF

 2    CHAPTER XIIA OF 1939 PA 288, MCL 712A.2D, ORDERS THE RETURN by

 3    express order entered on the record.  , orders the return. 

 4         (10) Subsection (3) does not permit the forwarding to the

 5    department of the fingerprints of a person accused and convicted

 6    under the Michigan vehicle code,  Act No. 300 of the Public Acts

 7     of 1949, being sections 257.1 to 257.923 of the Michigan Compiled

 8     Laws  1949 PA 300, MCL 257.1 TO 257.923, or under a local ordi-

 9    nance substantially corresponding to a provision of  Act No. 300

10     of the Public Acts of 1949  THE MICHIGAN VEHICLE CODE, 1949 PA

11    300, MCL 257.1 TO 257.923, unless the offense is punishable upon

12    conviction by imprisonment for more than 92 days or is an offense

13     which  THAT would be punishable by imprisonment for more than 92

14    days  as a second  UPON A SUBSEQUENT conviction.

15         (11) AS USED IN THIS SECTION:

16         (A) "DEPARTMENT" MEANS THE DEPARTMENT OF STATE POLICE.

17         (B) "LAW ENFORCEMENT AGENCY" MEANS THE POLICE DEPARTMENT OF

18    A CITY, TOWNSHIP, OR VILLAGE, THE SHERIFF'S DEPARTMENT OF A

19    COUNTY, THE DEPARTMENT OF STATE POLICE, AND ANY OTHER GOVERNMEN-

20    TAL LAW ENFORCEMENT AGENCY OF THIS STATE.

21         Enacting section 1.  This amendatory act does not take

22    effect unless the following bills of the 89th Legislature are

23    enacted into law:

24         (a) House Bill No. 4964.

25         (b) House Bill No. 4965.

26         (c) House Bill No. 4966.





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 1         (d) House Bill No. 4967.

 2         (e) House Bill No. 4968.




















































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