SENATE BILL NO. 706

A bill to amend 1927 PA 175, entitled

"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 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, June 12, 2018, all of the following apply:

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

(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 is arrested or detained by a law enforcement agency for any crime and the individual is not charged for a crime as a result of that arrest or detention, both of the following must occur not more than 180 days after the arrest or detention:

(a) All biometric data and fingerprints collected during the arrest or detention must be returned to the individual.

(b) Any entry concerning the arrest or detention must be removed from LEIN.