SENATE BILL No. 479

May 16, 2001, Introduced by Senators JOHNSON, GARCIA, BULLARD, HAMMERSTROM, HOFFMAN, GOSCHKA, STEIL, BENNETT, SCHUETTE, NORTH, GOUGEON and SHUGARS 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 2000 PA 220.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER IX

2 Sec. 16a. (1) Except as otherwise provided in subsection

3 (3), upon final disposition of an original charge against a

4 person of a felony or a misdemeanor for which the maximum possi-

5 ble penalty exceeds 92 days' imprisonment or a local ordinance

6 for which the maximum possible penalty is 93 days' imprisonment

7 and that substantially corresponds to a violation of state law

8 that is a misdemeanor for which the maximum possible penalty is

9 93 days' imprisonment, OR A MISDEMEANOR IN A CASE IN WHICH THE

10 APPROPRIATE COURT WAS NOTIFIED THAT FINGERPRINTS WERE FORWARDED

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1 TO THE DEPARTMENT OF STATE POLICE, the clerk of the court

2 entering the disposition shall immediately advise REPORT TO

3 the department of state police of the final disposition of the

4 charge on forms approved by the state court administrator and in

5 a manner consistent with section 3 of 1925 PA 289, MCL 28.243.

6 The report to the department of state police shall include

7 information as to the finding of the judge or jury, including a

8 finding of guilty, guilty but mentally ill, not guilty, or not

9 guilty by reason of insanity, or the person's plea of guilty,

10 nolo contendere, or guilty but mentally ill; if the person was

11 convicted, the offense of which the person was convicted; and a

12 summary of any sentence imposed. The summary of the sentence

13 shall include any probationary term; any minimum, maximum, or

14 alternative term of imprisonment; the total of all fines, costs,

15 and restitution ordered; and any modification of sentence. If

16 THE REPORT SHALL INCLUDE the sentence is IF imposed under any

17 of the following: sections, the report shall so indicate:

18 (a) Section 7411 of the public health code, 1978 PA 368,

19 MCL 333.7411.

20 (b) Sections 11 to 15 of chapter II.

21 (c) Section 4a of chapter IX.

22 (2) Upon sentencing a person convicted of a misdemeanor or

23 of a violation of a local ordinance, other than a misdemeanor or

24 local ordinance described in subsection (1), the clerk of the

25 court imposing sentence immediately shall, if ordered by the

26 court, advise the department of state police of the conviction on

27 forms approved by the state court administrator.

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1 (3) Except as otherwise provided in subsection (5), the

2 clerk of a court is SHALL not required to, unless ordered by

3 the court, report a conviction of a misdemeanor offense if

4 either of the following applies: (a) The conviction is for a

5 violation of section 904(3)(a) of UNDER the Michigan vehicle

6 code, 1949 PA 300, MCL 257.904 MCL 257.1 TO 257.923, or a local

7 ordinance substantially corresponding to section 904(3)(a) of

8 the Michigan vehicle code, 1949 PA 300, MCL 257.904. (b) A sen-

9 tence of imprisonment is not imposed, except as an alternative

10 sentence, and any fine and costs ordered total less than

11 $100.00. A PROVISION OF THAT ACT UNLESS 1 OR MORE OF THE FOLLOW-

12 ING APPLY:

13 (A) THE OFFENSE IS PUNISHABLE BY IMPRISONMENT FOR MORE THAN

14 92 DAYS.

15 (B) THE OFFENSE IS AN OFFENSE THAT WOULD BE PUNISHABLE BY

16 MORE THAN 92 DAYS AS A SECOND CONVICTION.

17 (C) A JUDGE OF THE COURT ORDERS THE CLERK TO REPORT THE

18 CONVICTION.

19 (4) As part of the sentence for a conviction of an offense

20 described in subsection (2), IF FINGERPRINTS HAVE NOT ALREADY

21 BEEN TAKEN, the court shall order that the fingerprints of the

22 person convicted be taken and forwarded to the department of

23 state police. if fingerprints have not already been taken.

24 (5) As part of the sentence for a conviction of a listed

25 offense as defined in section 2 of the sex offenders registration

26 act, 1994 PA 295, MCL 28.722, the court shall order that the

27 fingerprints of the person convicted be taken and forwarded as

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1 provided in the sex offenders registration act, 1994 PA 295,

2 MCL 28.721 to 28.732, if fingerprints have not already been taken

3 and forwarded as provided in that act.

4 (6) Before the expiration of WITHIN 21 days after the date

5 a person licensed or registered under article 15 of the public

6 health code, 1978 PA 368, MCL 333.16101 to 333.18838, is con-

7 victed of a misdemeanor involving the illegal delivery, posses-

8 sion, or use of alcohol or a controlled substance or a felony,

9 the clerk of the court entering the conviction shall report the

10 conviction to the department of consumer and industry services

11 . The ON A form of the report shall be prescribed and fur-

12 nished by the THAT department. of consumer and industry

13 services.

14 Enacting section 1. This amendatory act does not take

15 effect unless Senate Bill No. 478

16 of the 91st Legislature is enacted into

17 law.

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