HOUSE BILL No. 4554 April 8, 1997, Introduced by Reps. Baird, Wallace, Anthony, Martinez, DeHart, Schroer, Hale, Schauer, Brater and Green 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 3 (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, the 2 police department of a township, the sheriff's department of a 3 county, the department of state police, and any other governmen- 4 tal law enforcement agency in the state, immediately upon the 5 arrest of a person for a felony or for a misdemeanor for which 6 the maximum possible penalty exceeds 92 days imprisonment or a 7 fine of $1,000.00, or both, or for a juvenile offense, shall take 8 the person's fingerprints in duplicate and forward the 02241'97 JJG 2 1 fingerprints to the department of state police within 72 hours 2 after the arrest. One set of fingerprints shall be sent to the 3 division on forms furnished by the commanding officer, and 1 set 4 of fingerprints shall be furnished to the director of the federal 5 bureau of investigation on forms furnished by the director. 6 (2) The police department of a city or village, the police 7 department of a township, the sheriff's department of a county, 8 the department of state police, and any other governmental law 9 enforcement agency in the state may take 1 set of fingerprints of 10 a person who is arrested for a misdemeanor punishable by impris- 11 onment for not more than 92 days, or a fine of not more than 12 $1,000.00, or both, and who fails to produce satisfactory evi- 13 dence of identification as required by section 1 ofAct No. 4414of the Public Acts of 1961, being section 780.581 of the Michigan15Compiled Laws1961 PA 44, MCL 780.581. These fingerprints shall 16 be forwarded to the department of state police immediately. Upon 17 completion of the identification process by the department of 18 state police, the fingerprints shall be returned to the arresting 19 LAW ENFORCEMENT agency. 20 (3) The police department of a city or village, the police 21 department of a township, the sheriff's department of a county, 22 the department of state police, and any other governmental law 23 enforcement agency in the state, upon the arrest of a person for 24 a misdemeanor, may take the person's fingerprints on forms fur- 25 nished by the commanding officer, but may not forward the finger- 26 prints to the department unless the person is convicted of a 27 misdemeanor. 02241'97 3 1 (4)IfEXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (9), IF 2 a petition is not authorized for a juvenile accused of a juvenile 3 offense or if a person arrested for having committed a felony or 4 a misdemeanor is released without a charge made against him or 5 her, the official taking or holding the person's fingerprints, 6 arrest card, and description shall immediately return this infor- 7 mation to the person without the necessity of a request. If this 8 information is not returned, the personshall haveHAS the 9 absolute right to demand and receive its return at any time after 10 the person's release and without need to petition for court 11 action. Thelocal policeARRESTING LAW ENFORCEMENT agency 12 shall notify the commanding officer in writing that no petition 13 was authorized against the juvenile or that no charge was made 14 against the arrested person if the juvenile's or arrested 15 person's fingerprints were forwarded to the department. 16 (5) If a juvenile is adjudicated and found not to be within 17 the provisions of section 2(a)(1) ofAct No. 288 of the Public18Acts of 1939, being section 712A.2 of the Michigan Compiled Laws19 1939 PA 288, MCL 712A.2, or if an accused is found not guilty of 20 the offense, the arrest card, the fingerprints, and description 21 shall be returned to him or her by the official holding this 22 information. If for any reason the official holding the informa- 23 tion does not return the information within 60 days of the adju- 24 dication or the finding of not guilty, the accusedshall have25 HAS the right to obtain an order from the court having jurisdic- 26 tion over the case for the return of the information. If the 27 order of return is not complied with, the accusedshall have02241'97 4 1 HAS the ABSOLUTE right to petition the juvenile division of the 2 probate court of the county where the original petition was filed 3 or the circuit court of the county where the original charge was 4 made for a preemptory writ of mandamus to require issuance of the 5 order of return. Upon final disposition of the charge against 6 the accused, the clerk of the court entering the disposition 7 shall notify the commanding officer of any finding of not guilty 8 or not guilty by reason of insanity, dismissal, or nolle prose- 9 qui,if it appears that the accused was initially arrestedfor 10 a felony or a misdemeanorpunishable by imprisonment for more11than 92 daysor of any finding that a juvenile accused of a 12 juvenile offense is not within the provisions of section 2(a)(1) 13 ofAct No. 288 of the Public Acts of 19391939 PA 288, MCL 14 712A.2. 15 (6) Upon final disposition of the charge against the 16 accused, the clerk of the court entering the disposition shall 17 immediately advise the commanding officer of the final disposi- 18 tion of the arrest for which the accused was fingerprinted if a 19 juvenile was adjudicated to have committed a juvenile offense or 20 if the accused was convicted of a felony or a misdemeanor. With 21 regard to any adjudication or conviction, the clerk shall trans- 22 mit to the commanding officer information as to any adjudication 23 or finding of guilty or guilty but mentally ill; any plea of 24 guilty, nolo contendere, or guilty but mentally ill; the offense 25 of which the accused was convicted; and a summary of any deposi- 26 tion or sentence imposed. The summary of the sentence shall 27 include any probationary term; any minimum, maximum, or 02241'97 5 1 alternative term of imprisonment; the total of all fines, costs, 2 and restitution ordered; and any modification of sentence. If 3 the sentence is imposed underany1 OR MORE of the following 4 sections, the report shall so indicate: 5 (a) Section 7411 of the public health code,Act No. 368 of6the Public Acts of 1978, being section 333.7411 of the Michigan7Compiled Laws1978 PA 368, MCL 333.7411. 8 (b) Sections 11 to 15 of chapter II of the code of criminal 9 procedure,Act No. 175 of the Public Acts of 1927, being sec-10tions 762.11 to 762.15 of the Michigan Compiled Laws1927 PA 11 175, MCL 762.11 TO 762.15. 12 (c) Section 4a of chapter IX of the code of criminal proce- 13 dure,Act No. 175 of the Public Acts of 1927, being section14769.4a of the Michigan Compiled Laws1927 PA 175, MCL 769.4A. 15 (d) Section 350a(4) of the Michigan penal code,Act No. 32816of the Public Acts of 1931, being section 750.350a of the17Michigan Compiled Laws1931 PA 328, MCL 750.350A. 18 (7) The commanding officer shall record the disposition of 19 each charge and shall inform the director of the federal bureau 20 of investigation of the final disposition of the felony or misde- 21 meanor arrest. 22 (8) The commanding officer shall compare the fingerprints 23 and description received with those already on file and if the 24 commanding officer finds that the person arrested has a criminal 25 record, the commanding officer shall immediately inform the 26 arresting agency and prosecuting attorney of this fact. 02241'97 6 1 (9) The provisions ofthis sectionSUBSECTION (4) 2 requiring the return of the fingerprints, arrest card, and 3 descriptionshallDO not apply in the following cases: 4 (a) The person arrested was charged with the commission or 5 attempted commission, or if the person arrested is a juvenile, 6 was charged with an offense which if committed by an adult would 7 constitute the commission or attempted commission, of a crime 8 with or against a child under 16 years of age or the crime of 9 criminal sexual conduct in any degree, rape, sodomy, gross inde- 10 cency, indecent liberties, or child abusive commercial 11 activities, UNLESS A JUDGE OF A COURT OF RECORD, BY EXPRESS ORDER 12 ENTERED ON THE RECORD, ORDERS THE RETURN. 13 (b) The person arrested has a prior conviction other than a 14 misdemeanor traffic offense, unless a judge of a court of record, 15 except the probate court, by express order entered on the record, 16 orders the return. 17 (10) Subsection (3) does not permit the forwarding to the 18 department of the fingerprints of a person accused and convicted 19 under the Michigan vehicle code,Act No. 300 of the Public Acts20of 1949, being sections 257.1 to 257.923 of the Michigan Compiled21Laws1949 PA 300, MCL 257.1 TO 257.923, or under a local ordi- 22 nance substantially corresponding to a provision ofAct No. 30023of the Public Acts of 1949THE MICHIGAN VEHICLE CODE, 1949 PA 24 300, MCL 257.1 TO 257.923, unless the offense is punishable upon 25 conviction by imprisonment for more than 92 days or is an offense 26 which would be punishable by imprisonment for more than 92 days 27 as a second conviction. 02241'97