SENATE BILL NO. 560 April 29, 1999, Introduced by Senators MILLER and Rogers 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,2the police department of a township, the sheriff's department of3a county, the department of state police, and any other govern-4mental law enforcement agency in the state,EXCEPT AS PROVIDED 5 IN SUBSECTION (2), immediately upon the arrest of a person for a 6 felony or for a misdemeanor for which the maximum possible 7 penalty exceeds 92 days imprisonment or a fine of $1,000.00, or 8 both, or for a juvenile offense, THE ARRESTING LAW ENFORCEMENT 01329'99 * JOJ 2 1 AGENCY IN THIS STATE shall take the person's fingerprints in 2 duplicate and forward the fingerprints to the departmentof3state policewithin 72 hours after the arrest. One set of fin- 4 gerprints shall be sent to the division on forms furnished by the 5 commanding officer, and 1 set of fingerprints shall be furnished 6 to the director of the federal bureau of investigation on forms 7 furnished by the director. 8 (2) THE ARRESTING LAW ENFORCEMENT AGENCY MAY TAKE A PERSON'S 9 FINGERPRINTS UPON THE ARREST OF THE PERSON FOR A MISDEMEANOR THAT 10 IS A VIOLATION OF A LOCAL ORDINANCE FOR WHICH THE MAXIMUM POSSI- 11 BLE PENALTY EXCEEDS 92 DAYS' IMPRISONMENT AND THAT SUBSTANTIALLY 12 CORRESPONDS TO A VIOLATION OF STATE LAW THAT IS A MISDEMEANOR FOR 13 WHICH THE MAXIMUM POSSIBLE TERM OF IMPRISONMENT EXCEEDS 92 DAYS, 14 BUT SHALL NOT FORWARD THEM TO THE DEPARTMENT BEFORE CONVICTION. 15 IF THE PERSON IS CONVICTED OF A MISDEMEANOR DESCRIBED IN THIS 16 SUBSECTION, THE LAW ENFORCEMENT AGENCY SHALL TAKE THE PERSON'S 17 FINGERPRINTS IF NOT PREVIOUSLY TAKEN UNDER THIS SUBSECTION AND 18 FORWARD THEM WITHIN 72 HOURS AFTER ENTRY OF THE CONVICTION IN THE 19 SAME MANNER AS PROVIDED IN SUBSECTION (1). ON THE FORM SENT TO 20 THE DIVISION, THE LAW ENFORCEMENT AGENCY SHALL INDICATE THE STAT- 21 UTORY CITATION FOR THE STATE LAW TO WHICH THE LOCAL ORDINANCE 22 SUBSTANTIALLY CORRESPONDS. 23 (3)(2) The police department of a city or village, the24police department of a township, the sheriff's department of a25county, the department of state police, and any other26governmentalTHE ARRESTING law enforcement agencyin the state27 may take 1 set of fingerprints of a person who is arrested for a 01329'99 * 3 1 misdemeanor punishable by imprisonment for not more than 92 days 2,or a fine of not more than $1,000.00, or both, and who fails 3 to produce satisfactory evidence of identification as required by 4 section 1 ofAct No. 44 of the Public Acts of 1961, being sec-5tion 780.581 of the Michigan Compiled Laws1961 PA 44, MCL 6 780.581. These fingerprints shall be forwarded to the department 7of state policeimmediately. Upon completion of the identifi- 8 cation process by the department,of state police,the finger- 9 prints shall be returned to the arresting LAW ENFORCEMENT 10 agency. 11 (4)(3) The police department of a city or village, the12police department of a township, the sheriff's department of a13county, the department of state police, and any other14governmentalAN ARRESTING law enforcement agency in the state,15upon the arrest of a person for a misdemeanor,may take the 16 person's fingerprints on forms furnished by the commanding offi- 17 cer UPON AN ARREST FOR A MISDEMEANOR OTHER THAN A MISDEMEANOR 18 DESCRIBED IN SUBSECTION (1), (2), OR (3), but may not forward the 19 fingerprints to the department unless the person is convicted of 20 a misdemeanor. 21 (5)(4)If a petition is not authorized for a juvenile 22 accused of a juvenile offense or if a person arrested for having 23 committed a felony or a misdemeanor is released without a charge 24 made against him or her, the official taking or holding the 25 person's fingerprints, arrest card, and description shall immedi- 26 ately return this information to the person without the necessity 27 of a request. If this information is not returned, the person 01329'99 * 4 1shall haveHAS the absolute right to demand and receive its 2 return at any time after the person's release and without need to 3 petition for court action. Thelocal policeLAW ENFORCEMENT 4 agency shall notify the commanding officer in writing that no 5 petition was authorized against the juvenile or that no charge 6 was made against the arrested person if the juvenile's or 7 arrested person's fingerprints were forwarded to the department. 8 (6)(5)If a juvenile is adjudicated and found not to be 9 within the provisions of section 2(a)(1) ofAct No. 288 of the10Public Acts of 1939, being section 712A.2 of the Michigan11Compiled LawsCHAPTER XIIA OF THE PROBATE CODE OF 1939, 1939 PA 12 288, MCL 712A.2, or if an accused is found not guilty of the 13 offense, the arrest card, the fingerprints, and description shall 14 be returned to him or her by the official holding this 15 information. If for any reason the official holding the informa- 16 tion does not return the information within 60 days of the adju- 17 dication or the finding of not guilty, the accusedshall have18 OR JUVENILE HAS the right to obtain an order from the court 19 having jurisdiction over the case for the return of the 20 information. If the order of return is not complied with, the 21 accusedshall haveOR JUVENILE HAS the right to petition the 22juvenileFAMILY division ofthe probateCIRCUIT court of the 23 county where the original petition was filed or the circuit court 24 of the county where the original charge was made for a preemptory 25 writ of mandamus to require issuance of the order of return. 26 Upon final disposition of the charge against the accused, the 27 clerk of the court entering the disposition shall notify the 01329'99 * 5 1 commanding officer of any finding of not guilty or not guilty by 2 reason of insanity, dismissal, or nolle prosequi, if it appears 3 that the accused was initially arrested for a felony or a misde- 4 meanor punishable by imprisonment for more than 92 days or of any 5 finding that a juvenileaccused ofALLEGED RESPONSIBLE FOR a 6 juvenile offense is not within the provisions of section 2(a)(1) 7 ofAct No. 288 of the Public Acts of 1939CHAPTER XIIA OF THE 8 PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.2. 9 (7)(6)Upon final disposition of the charge against the 10 accused, the clerk of the court entering the disposition shall 11 immediately advise the commanding officer of the final disposi- 12 tion of the arrest for which theaccusedPERSON was finger- 13 printed if a juvenile was adjudicated to have committed a juve- 14 nile offense or if the accused was convicted of a felony or a 15 misdemeanor. With regard to any adjudication or conviction, the 16 clerk shall transmit to the commanding officer information as to 17 any adjudication or finding of guilty or guilty but mentally ill; 18 any plea of guilty, nolo contendere, or guilty but mentally ill; 19 the offense of which the accused was convicted; and a summary of 20 any deposition or sentence imposed. The summary of the sentence 21 shall include any probationary term; any minimum, maximum, or 22 alternative term of imprisonment; the total of all fines, costs, 23 and restitution ordered; and any modification of sentence. If 24 the sentence is imposed under any of the following sections, the 25 report shall so indicate: 01329'99 * 6 1 (a) Section 7411 of the public health code,Act No. 368 of2the Public Acts of 1978, being section 333.7411 of the Michigan3Compiled Laws1978 PA 368, MCL 333.7411. 4 (b) Sections 11 to 15 of chapter II of the code of criminal 5 procedure,Act No. 175 of the Public Acts of 1927, being sec-6tions 762.11 to 762.15 of the Michigan Compiled Laws1927 PA 7 175, MCL 762.11 TO 762.15. 8 (c) Section 4a of chapter IX of the code of criminal proce- 9 dure,Act No. 175 of the Public Acts of 1927, being section10769.4a of the Michigan Compiled Laws1927 PA 175, MCL 769.4A. 11 (d) Section 350a(4) of the Michigan penal code,Act No. 32812of the Public Acts of 1931, being section 750.350a of the13Michigan Compiled Laws1931 PA 328, MCL 750.350A. 14 (8)(7)The commanding officer shall record the disposi- 15 tion of each charge and shall inform the director of the federal 16 bureau of investigation of the final disposition of the felony or 17 misdemeanor arrest. 18 (9)(8)The commanding officer shall compare the finger- 19 prints and description received with those already on file and if 20 the commanding officer finds that the person arrested has a crim- 21 inal record, the commanding officer shall immediately inform the 22 arresting agency and prosecuting attorney of this fact. 23 (10)(9)The provisions of this section requiring the 24 return of the fingerprints, arrest card, and descriptionshall25 DO not apply in the following cases: 26 (a) The person arrested was charged with the commission or 27 attempted commission, or if the person arrested is a juvenile,01329'99 * 7 1was charged withALLEGED TO HAVE COMMITTED an offensewhich2 THAT if committed by an adult would constitute the commission or 3 attempted commission, of a crime with or against a child under 16 4 years of age or the crime of criminal sexual conduct in any 5 degree, rape, sodomy, gross indecency, indecent liberties, or 6 child SEXUALLY abusivecommercialactivities OR MATERIALS. 7 (b) The person arrested has a prior conviction other than a 8 misdemeanor traffic offense, unless a judge of a court of record, 9 except the probate court, by express order entered on the record, 10 orders the return. 11 (11)(10)Subsection(3)(4) does not permit the for- 12 warding to the department of the fingerprints of a person accused 13 and convicted under the Michigan vehicle code,Act No. 300 of14the Public Acts of 1949, being sections 257.1 to 257.923 of the15Michigan Compiled Laws1949 PA 300, MCL 257.1 TO 257.923, or 16undera local ordinance substantially corresponding to a provi- 17 sion ofAct No. 300 of the Public Acts of 1949THAT ACT, unless 18 the offense is punishable upon conviction by imprisonment for 19 more than 92 days or is an offensewhich would beTHAT IS pun- 20 ishable by imprisonment for more than 92 daysasUPON a 21secondSUBSEQUENT conviction. 22 (12) AS USED IN THIS SECTION: 23 (A) "DEPARTMENT" MEANS THE DEPARTMENT OF STATE POLICE. 24 (B) "LAW ENFORCEMENT AGENCY" MEANS THE POLICE DEPARTMENT OF 25 A CITY, TOWNSHIP, OR VILLAGE, THE SHERIFF'S DEPARTMENT OF A 26 COUNTY, THE DEPARTMENT, OR ANY OTHER GOVERNMENTAL LAW ENFORCEMENT 27 AGENCY OF THIS STATE. 01329'99 * 8 1 Enacting section 1. This amendatory act takes effect 2 October 1, 1999. 3 Enacting section 2. This amendatory act does not take 4 effect unless all of the following bills of the 90th Legislature 5 are enacted into law: 6 (a) Senate Bill No. 556. 7 8 (b) Senate Bill No. 559. 9 10 (c) Senate Bill No. 557. 11 12 (d) Senate Bill No. 558. 13 14 (e) House Bill No. 4585. 15 16 (f) House Bill No. 4580. 17 18 (g) House Bill No. 4583. 19 20 (h) House Bill No. 4584. 21 22 (i) House Bill No. 4581. 23 24 (j) House Bill No. 4582. 25 01329'99 * Final page. JOJ