HOUSE BILL No. 5278


     October 17, 2001, Introduced by Reps. Patterson, Woronchak, Kuipers, Vander Veen, Birkholz, Allen, Meyer, Middaugh, Cassis, Newell, Jelinek,
Pumford, Richardville, Toy, Gilbert, Scranton, Sanborn and DeVuyst and referred to the Committee on Criminal Justice.


        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:

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

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      UPON entry of an order or disposition into the law enforcement

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      information network under any provision of law described in

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

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


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

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

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      notice shall include at least all of the following:

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           (a) The name of the person.

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

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      law enforcement information network.

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

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      purchase a pistol or obtain a concealed weapon license until the

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      order or disposition is removed from the law enforcement informa-

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      tion network.

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

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      police correct or expunge inaccurate information entered into the

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      law enforcement information network.

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

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      law enforcement information network under any provision of law

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

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      state police do either of the following:

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

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      law enforcement information network under any provision of law

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      described in section 2(3)(a).

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

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      ing the person from the law enforcement information network

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      regarding 1 or more specific entries in the law enforcement

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      information network under any provision of law described in

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

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      exist:





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

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      commitment in an inpatient or outpatient setting due to mental

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      illness.

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

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      determining that the person is legally incapacitated.

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

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      prohibits the purchase or possession of a firearm by the person

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      issued under any of the following:

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

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

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      Michigan Compiled Laws  1961 PA 236, MCL 600.2950.

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

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

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

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

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

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      84, MCL 552.14.

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

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      subject to protective conditions that prohibits the purchase or

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

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

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

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      PROCEDURE, 1927 PA 175, MCL 765.6B.

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

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      to amend an inaccuracy in the law enforcement information network

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

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      from the law enforcement information network under subsection



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

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      an investigation concerning the accuracy of the information con-

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      tained in the law enforcement information network, either grant

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

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

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

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      appeal the denial pursuant to the administrative procedures act

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

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      sections 24.201 to 24.328 of the Michigan Compiled Laws  1969 PA

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      306, MCL 24.201 TO 24.328.

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

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

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

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

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

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      tion of whether information entered into the law enforcement

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      information network should be amended or expunged because it is

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

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

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

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      24.201 TO 24.328.

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           (5) Information contained in an order or disposition filed

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      with the department of state police under any provision of law

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

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

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

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



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

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

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      ENFORCEMENT INFORMATION NETWORK AS REQUIRED FOR A PERSONAL PRO-

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

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

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      UNTIL THAT DEPARTMENT HAS RECEIVED NOTICE THAT THE RESPONDENT OF

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

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      SONAL PROTECTION ORDER.








































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