HOUSE BILL No. 4702
June 6, 2017, Introduced by Reps. Jones, Peterson, Neeley, Robinson, Santana, Elder, Chang, Cochran, Hammoud, Dianda, Chirkun, Durhal, Pagan, Lasinski, Lucido, Green, Phelps, Schor, Zemke, Liberati, Greig, Moss, Sowerby, Rabhi, LaGrand, Sneller, Ellison, Wittenberg, Gay-Dagnogo, Sabo, Hoadley, Garrett, Glenn, Scott, Byrd, Singh, Faris, Kosowski and Love and referred to the Committee on Law and Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 12 to chapter III.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER III
Sec. 12. (1) If a person is charged with a misdemeanor or
felony violation of the laws of this state because another person
used the identifying information of the charged person or because
the charges were issued as the result of mistaken identity, the
erroneously issued charges must be dismissed. The prosecutor who
issued the charges shall request the court where the charges are
pending to dismiss the charges and shall provide the court the
reason for the dismissal.
(2) Upon receiving a request for dismissal under subsection
(1), the court shall dismiss the erroneously issued charges and
order that all of the records, including police reports, containing
entries related to the person's apprehension and charging be
expunged.
(3) As used in this section, "mistaken identity" means the
erroneous arrest of a person for a crime because of
misidentification by a witness or law enforcement, confusion on the
part of a witness or law enforcement as to the identity of the
person who committed the crime, misinformation provided to law
enforcement as to the identity of the person who committed the
crime, or some other mistake on the part of a witness or law
enforcement as to the identity of the person who committed the
crime.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.