HOUSE BILL NO. 4553

May 02, 2019, Introduced by Reps. Markkanen, Berman, LaFave, Bellino and Jones and referred to the Committee on Judiciary.

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 4b to chapter IX.

the people of the state of michigan enact:

CHAPTER IX

Sec. 4b. (1) Except as otherwise provided in this subsection, when an individual who has not been convicted previously of a violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, the court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney, may defer further proceedings and place the accused on probation as provided in this section. However, before deferring proceedings under this subsection, the court shall contact the department of state police and determine whether, according to the records of the department of state police, the accused has previously been convicted of a violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or has previously availed himself or herself of this section. If the search of the records reveals an arrest for a violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, but no disposition, the court shall contact the arresting agency and the court that had jurisdiction over the violation to determine the disposition of that arrest for purposes of this section. This section does not apply to an individual who, at the time he or she is charged with a violation of section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, has a driver license with an indorsement to operate a commercial vehicle.

(2) Upon a violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided in this chapter.

(3) An order of probation entered under subsection (1) may include any condition of probation authorized under section 3 of chapter XI. The court also may order the accused to participate in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1088. The court may order the defendant to be imprisoned for not more than 12 months at the time or intervals, which may be consecutive or nonconsecutive and within the period of probation, as the court determines. However, the period of imprisonment must not exceed the maximum period of imprisonment authorized for the offense if the maximum period is less than 12 months. The court may permit day parole as authorized under 1962 PA 60, MCL 801.251 to 801.258. The court may permit a work or school release from jail.

(4) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only 1 discharge and dismissal under this section with respect to any individual.

(5) All court proceedings under this section must be open to the public. Except as provided in subsection (6), if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral must be closed to public inspection.

(6) Unless the court enters a judgment of guilt under this section, the department of state police shall retain a nonpublic record of the arrest, court proceedings, and disposition of the criminal charge under this section. However, the nonpublic record must be open to the following individuals and entities for the following purposes:

(a) The courts of this state, law enforcement personnel, the department of corrections, and prosecuting attorneys for use only in the performance of their duties or to determine whether an employee of the court, law enforcement agency, department of corrections, or prosecutor's office has violated his or her conditions of employment or whether an applicant meets criteria for employment with the court, law enforcement agency, department of corrections, or prosecutor's office.

(b) The courts of this state, law enforcement personnel, and prosecuting attorneys to determine if a defendant in a criminal action under section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, has already once availed himself or herself of this section.

(c) The department of health and human services for enforcing child protection laws and vulnerable adult protection laws or ascertaining the preemployment criminal history of any individual who will be engaged in the enforcement of child protection laws or vulnerable adult protection laws.

(d) The secretary of state for purposes of evaluating an individual's application for a driver license with an indorsement to operate a commercial vehicle.

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