HOUSE BILL NO. 4058

January 17, 2019, Introduced by Rep. Marino and referred to the Committee on Judiciary.

A bill to amend 1976 PA 453, entitled

"Elliott-Larsen civil rights act,"

by amending section 205a (MCL 37.2205a), as amended by 1999 PA 202.

the people of the state of michigan enact:

Sec. 205a. (1) An employer, employment agency, or labor organization, other than a law enforcement agency of this state or a political subdivision of this state, shall not, in connection with an application for employment or membership , or in connection with the terms, conditions, or privileges of employment or membership, request, make, or maintain a record of information regarding a misdemeanor or felony arrest , or detention, or the disposition of a misdemeanor, where if a conviction did not result. A person is not guilty of perjury or otherwise for otherwise giving a false statement by failing to recite or acknowledge information the person has a civil right to withhold by under this section. This section does not apply to information relative to a felony charge before conviction or dismissal.

(2) As used in this section, "law enforcement agency" includes the state department of corrections.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.