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Bill > HB5957
MI HB5957
MI HB5957Criminal procedure: expunction; certain conditions allowing for setting aside convictions and certain implementation dates; amend. Amends secs. 1b, 1d & 1e of 1965 PA 213 (MCL 780.621b et seq.).
summary
Introduced
12/10/2024
12/10/2024
In Committee
12/18/2024
12/18/2024
Crossed Over
12/13/2024
12/13/2024
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
102nd Legislature
Bill Summary
A bill to amend 1965 PA 213, entitled"An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,"by amending sections 1b, 1d, and 1e (MCL 780.621b, 780.621d, and 780.621e), section 1b as added by 2020 PA 188, section 1d as amended by 2021 PA 82, and section 1e as added by 2020 PA 192.
AI Summary
This bill amends the 1965 Act that provides for setting aside certain criminal convictions. The key provisions are:
1. Allows more than one conviction to be treated as a single conviction for the purposes of petitioning to set aside, if the convictions were contemporaneous and did not involve assaultive crimes, use of dangerous weapons, or crimes with a maximum penalty of 10 or more years' imprisonment.
2. Changes the time periods required before being eligible to apply to set aside convictions, making them shorter for some types of convictions. Removes the requirement that the applicant have no new convictions during the applicable time period.
3. Allows applications to set aside misdemeanor marijuana convictions to be filed starting on April 11, 2021, and creates a rebuttable presumption that the conviction was for conduct that would not have been a crime after the legalization of recreational marijuana in Michigan.
4. Makes other procedural changes to the process for applying to set aside convictions.
The overall effect of this bill is to expand eligibility and streamline the process for individuals to have certain criminal convictions set aside, particularly for less serious offenses.
Committee Categories
Government Affairs, Justice
Sponsors (16)
Kara Hope (D)*,
Abraham Aiyash (D),
Joey Andrews (D),
Kelly Breen (D),
Julie Brixie (D),
Erin Byrnes (D),
Brenda Carter (D),
Jennifer Conlin (D),
Graham Filler (R),
Carol Glanville (D),
Donavan McKinney (D),
Amos O'Neal (D),
Penelope Tsernoglou (D),
Dylan Wegela (D),
Jimmie Wilson (D),
Stephanie Young (D),
Last Action
Referred To Committee On Government Operations (on 12/18/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://legislature.mi.gov/Bills/Bill?ObjectName=2024-HB-5957 |
| BillText | https://legislature.mi.gov/documents/2023-2024/billengrossed/House/htm/2024-HEBH-5957.htm |
| Fiscal Note/Analysis - House: Summary as Introduced | https://legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-5957-85AA4EF5.pdf |
| BillText | https://legislature.mi.gov/documents/2023-2024/billintroduced/House/htm/2024-HIB-5957.htm |
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