September 14, 2006, Introduced by Reps. Condino, Kolb, Lipsey, Zelenko, Bieda, Gleason, Plakas, Alma Smith, Tobocman, Leland and Dillon and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16a of chapter IX (MCL 769.16a), as amended by
2005 PA 106.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 16a. (1) Except as otherwise provided in subsection (3),
upon final disposition of an original charge against a person of a
felony or a misdemeanor for which the maximum possible penalty
exceeds 92 days' imprisonment or a local ordinance for which the
maximum possible penalty is 93 days' imprisonment and that
substantially corresponds to a violation of state law that is a
misdemeanor for which the maximum possible penalty is 93 days'
imprisonment, or a misdemeanor in a case in which the appropriate
court was notified that fingerprints were forwarded to the
department of state police, or upon final disposition of a charge
of criminal contempt under section 2950 or 2950a of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or
final disposition of a charge of criminal contempt for violating a
foreign protection order that satisfies the conditions for validity
provided in section 2950i of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950i, the clerk of the court entering the
disposition shall immediately report to the department of state
police the final disposition of the charge on forms approved by the
state court administrator and in a manner consistent with section 3
of 1925 PA 289, MCL 28.243. The report to the department of state
police shall include the finding of the judge or jury, including a
finding of guilty, guilty but mentally ill, not guilty, or not
guilty by reason of insanity, or the person's plea of guilty, nolo
contendere, or guilty but mentally ill; if the person was
convicted, the offense of which the person was convicted; and a
summary of any sentence imposed. The summary of the sentence shall
include any probationary term; any minimum, maximum, or alternative
term of imprisonment; the total of all fines, costs, and
restitution ordered; and any modification of sentence. The report
shall include the sentence if imposed under any of the following:
(a) Section 7411 of the public health code, 1978 PA 368, MCL
333.7411.
(b) Section 1076(4) of the revised judicature act of 1961,
1961 PA 236, MCL 600.1076.
(c) Section 350a of the Michigan penal code, 1931 PA 328, MCL
750.350a.
(d) Section 430 of the Michigan penal code, 1931 PA 328, MCL
750.430.
(e) Sections 11 to 15 of chapter II.
(f) Section 4a of chapter IX.
(2) Upon sentencing a person convicted of a misdemeanor or of
a violation of a local ordinance, other than a misdemeanor or local
ordinance described in subsection (1), the clerk of the court
imposing sentence immediately shall, if ordered by the court,
advise the department of state police of the conviction on forms
approved by the state court administrator.
(3) Except as otherwise provided in subsections (4) and (6),
the clerk of a court shall not report a conviction of a misdemeanor
offense under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923, or a local ordinance substantially corresponding to a
provision of that act unless 1 or more of the following apply:
(a) The offense is punishable by imprisonment for more than 92
days.
(b) The offense is an offense that would be punishable by more
than 92 days as a second conviction.
(c) A judge of the court orders the clerk to report the
conviction.
(4) Unless ordered by the court, the clerk of a court is not
required to report a conviction of a misdemeanor offense for a
violation of section 904(3)(a) of the Michigan vehicle code, 1949
PA 300, MCL 257.904, or a local ordinance substantially
corresponding to section 904(3)(a) of the Michigan vehicle code,
1949 PA 300, MCL 257.904.
(5) As part of the sentence for a conviction of an offense
described in this section, if fingerprints have not already been
taken, the court shall order that the fingerprints of the person
convicted be taken and forwarded to the department of state police.
(6) As part of the sentence for a conviction of a listed
offense as defined in section 2 of the sex offenders registration
act, 1994 PA 295, MCL 28.722, the court shall order that the
fingerprints of the person convicted be taken and forwarded as
provided in the sex offenders registration act, 1994 PA 295, MCL
28.721
to 28.732 28.736, if fingerprints have not already been
taken and forwarded as provided in that act.
(7) Within 21 days after the date a person licensed or
registered under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838, is convicted of a misdemeanor involving
the illegal delivery, possession, or use of alcohol or a controlled
substance or a felony, the clerk of the court entering the
conviction shall report the conviction to the department of
consumer and industry services on a form prescribed and furnished
by that department.
(8) If a conviction that was reported as provided in this
section is finally overturned based on DNA evidence, either upon
appeal or following the grant of a new trial, the clerk of the
court entering the disposition shall immediately report to the
department of state police and the department of corrections the
final disposition on forms approved by the state court
administrator. The department of state police and department of
corrections shall immediately enter the disposition into each
database they maintain concerning criminal convictions and shall
remove all information indicating that the person was convicted of
the offense from those databases.