October 15, 2008, Introduced by Reps. Palsrok, Shaffer, Stahl and Dean and referred to the Committee on Judiciary.
A bill to allow certain criminal justice agencies to have
electronic access to certain databases maintained by the state or
local governments; to prescribe conditions for that access; and to
provide for certain powers and duties of certain state offices and
agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Criminal justice agency" means a court or other
governmental agency, or any subunit of a court or other
governmental agency, that engages in the administration of criminal
justice pursuant to a statute or executive order and that allocates
a substantial part of its annual budget for the administration of
criminal justice.
(b) "Specified databases" includes all of the following:
(i) Criminal information databases maintained by the department
of state police.
(ii) Databases maintained by this state or a local governmental
agency containing records pertaining to firearms.
(iii) Databases maintained by the department of corrections
pertaining to prisoners under the jurisdiction of the department of
corrections, including images contained on those databases.
(iv) Databases maintained by the secretary of state pertaining
to driver licenses, including images contained on those databases.
Sec. 2. (1) A criminal justice agency shall have internet
access to all specified databases if the criminal justice agency
meets requirements for system security established by the director
of the department of information technology.
(2) The director of the department of information technology
shall establish the requirements described in subsection (1) not
later than 90 days after the effective date of this act. The
director of the department of information technology may promulgate
rules to implement subsection (1) pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(3) A criminal justice agency shall not be required to pay a
fee for having internet access allowed under subsection (1).
Sec. 3. (1) The internet access to specified databases allowed
by this act shall provide for a web-based format that ensures the
integrity of the data contained in the database but that allows the
data to be searched by the criminal justice agency, and shall allow
access to the database's metadata and dictionary.
(2) Beginning on the effective date of this act, any new
database created in this state that meets the definition of
specified database shall be designed to allow the access required
under subsection (1).
Sec. 4. (1) A criminal justice agency that meets the
requirements of section 2 shall submit to the director of the
department of information technology any documentation he or she
requires demonstrating that the criminal justice agency has put in
place adequate safeguards for safeguarding the data obtained by the
agency.
(2) A criminal justice agency that is allowed access to
specified databases under this act is responsible for safeguarding
the data it obtains under this act.