SENATE BILL No. 726

October 17, 2001, Introduced by Senators VAN REGENMORTER, JOHNSON, BULLARD,

MC COTTER, HAMMERSTROM and GOSCHKA and referred to the Committee on Families, Mental Health and Human Services.

A bill to amend 1927 PA 372, entitled

"An act to regulate and license the selling, purchasing, possess-

ing, and carrying of certain firearms and gas ejecting devices;

to prohibit the buying, selling, or carrying of certain firearms

and gas ejecting devices without a license or other authoriza-

tion; to provide for the forfeiture of firearms under certain

circumstances; to provide for penalties and remedies; to provide

immunity from civil liability under certain circumstances; to

prescribe the powers and duties of certain state and local agen-

cies; to prohibit certain conduct against individuals who apply

for or receive a license to carry a concealed pistol; to make

appropriations; to prescribe certain conditions for the appropri-

ations; and to repeal all acts and parts of acts inconsistent

with this act,"

by amending section 2b (MCL 28.422b), as added by 1994 PA 338.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2b. (1) Upon EXCEPT AS PROVIDED IN SUBSECTION (6),

2 UPON entry of an order or disposition into the law enforcement

3 information network under any provision of law described in

4 section 2(3)(a), the department of state police shall immediately

5 send written notice of that entry to the person who is the

05221'01 LTB

2

1 subject of the order or disposition. The notice shall be sent by

2 first-class mail to the last known address of the person. The

3 notice shall include at least all of the following:

4 (a) The name of the person.

5 (b) The date the order or disposition was entered into the

6 law enforcement information network.

7 (c) A statement that the person cannot obtain a license to

8 purchase a pistol or obtain a concealed weapon license until the

9 order or disposition is removed from the law enforcement informa-

10 tion network.

11 (d) A statement that the person may request that the state

12 police correct or expunge inaccurate information entered into the

13 law enforcement information network.

14 (2) A person who is the subject of an order entered into the

15 law enforcement information network under any provision of law

16 described in section 2(3)(a) may request that the department of

17 state police do either of the following:

18 (a) Amend an inaccuracy in the information entered into the

19 law enforcement information network under any provision of law

20 described in section 2(3)(a).

21 (b) Expunge the person's name and other information concern-

22 ing the person from the law enforcement information network

23 regarding 1 or more specific entries in the law enforcement

24 information network under any provision of law described in

25 section 2(3)(a) because 1 or more of the following circumstances

26 exist:

05221'01

3

1 (i) The person is not subject to an order of involuntary

2 commitment in an inpatient or outpatient setting due to mental

3 illness.

4 (ii) The person is not subject to an order or disposition

5 determining that the person is legally incapacitated.

6 (iii) The person is not subject to an injunctive order that

7 prohibits the purchase or possession of a firearm by the person

8 issued under any of the following:

9 (A) Section 2950 of the revised judicature act of 1961, Act

10 No. 236 of the Public Acts of 1961, being section 600.2950 of the

11 Michigan Compiled Laws 1961 PA 236, MCL 600.2950.

12 (B) Section 2950a of Act No. 236 of the Public Acts of

13 1961, being section 600.2950a of the Michigan Compiled Laws THE

14 REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2950A.

15 (C) Section 14 of chapter 84 of the Revised Statutes of

16 1846, being section 552.14 of the Michigan Compiled Laws 1846 RS

17 84, MCL 552.14.

18 (iv) The person is not subject to an order for release

19 subject to protective conditions that prohibits the purchase or

20 possession of a firearm by the person issued under section 6b of

21 chapter V of Act No. 175 of the Public Acts of 1927, being sec-

22 tion 765.6b of the Michigan Compiled Laws THE CODE OF CRIMINAL

23 PROCEDURE, 1927 PA 175, MCL 765.6B.

24 (3) Before the expiration of 30 days after a request is made

25 to amend an inaccuracy in the law enforcement information network

26 under subsection (2)(a) or to expunge 1 or more specific entries

27 from the law enforcement information network under subsection

05221'01

4

1 (2)(b)(i) to (iv), the department of state police shall conduct

2 an investigation concerning the accuracy of the information con-

3 tained in the law enforcement information network, either grant

4 or deny the request and provide the person with written notice of

5 that grant or denial. A notice of denial shall include a state-

6 ment specifying the basis of the denial, and that a person may

7 appeal the denial pursuant to the administrative procedures act

8 of 1969, Act No. 306 of the Public Acts of 1969, being

9 sections 24.201 to 24.328 of the Michigan Compiled Laws 1969 PA

10 306, MCL 24.201 TO 24.328.

11 (4) If the department of state police refuses a request by a

12 person for amendment or expunction under subsection (2), or fails

13 to act within 30 days after receiving the request under subsec-

14 tion (2), the person may request a hearing before a hearing offi-

15 cer appointed by the department of state police for a determina-

16 tion of whether information entered into the law enforcement

17 information network should be amended or expunged because it is

18 inaccurate or false. The department of state police shall con-

19 duct the hearing pursuant to Act No. 306 of the Public Acts of

20 1969 THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL

21 24.201 TO 24.328.

22 (5) Information contained in an order or disposition filed

23 with the department of state police under any provision of law

24 described in section 2(3)(a)(i) to (vii) is exempt from public

25 disclosure under the freedom of information act, Act No. 442 of

26 the Public Acts of 1976, being sections 15.231 to 15.246 of the

27 Michigan Compiled Laws 1976 PA 442, MCL 15.231 TO 15.246.

05221'01

5

1 (6) THE DEPARTMENT OF STATE POLICE SHALL NOT SEND WRITTEN

2 NOTICE OF AN ENTRY OF AN ORDER OR DISPOSITION INTO THE LAW

3 ENFORCEMENT INFORMATION NETWORK AS REQUIRED FOR A PERSONAL PRO-

4 TECTION ORDER ISSUED UNDER SECTION 2950 OR 2950A OF THE REVISED

5 JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2950 AND 600.2950A,

6 UNTIL THAT DEPARTMENT HAS RECEIVED NOTICE THAT THE RESPONDENT OF

7 THE ORDER HAS BEEN SERVED WITH OR HAS RECEIVED NOTICE OF THE PER-

8 SONAL PROTECTION ORDER.

05221'01 Final page. LTB