SENATE BILL NO. 1093

September 09, 2020, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.

"The code of criminal procedure,"

by amending section 26a of chapter IV (MCL 764.26a), as added by 2018 PA 65.

the people of the state of michigan enact:

CHAPTER IV

Sec. 26a. (1) If an individual is arrested for any crime and the charge or charges are dismissed before trial, both all of the following apply:

(a) The arrest record shall must be removed from the internet criminal history access tool (ICHAT).

(b) If the prosecutor of the case agrees at any time after the case is dismissed, or if the prosecutor of the case or the judge of the court in which the case was filed does not object within 60 days from the date an order of dismissal was entered for cases in which the order of dismissal is entered after the effective date of the amendatory act that added this section, all of the following apply:

(i) The arrest record, all biometric data, and fingerprints shall must be expunged or and destroyed, or both, as appropriate.

(ii) Any entry concerning the charge shall must be removed from LEIN.

(iii) Unless a DNA sample or profile, or both, is allowed or required to be retained by the department of state police under section 6 of the DNA identification profiling system act, 1990 PA 250, MCL 28.176, the DNA sample or profile, or both, obtained from the individual shall must be expunged or and destroyed.

(c) Any court document or record generated in connection with the case in the possession of a law enforcement agency must be made nonpublic.

(2) The department of state police shall comply with the requirements listed in subsection (1) upon receipt of an appropriate order of the district court or the circuit court.

(3) If an individual has been charged with any crime and the charge or charges are dismissed before trial, the court shall make any court document or record generated in connection with the case nonpublic.