HB-5324, As Passed House, March 13, 2014
February 13, 2014, Introduced by Reps. Jenkins, Nesbitt, McBroom, Rendon, Pettalia, Cotter, Crawford, LaVoy, MacGregor, Lauwers, Pscholka, MacMaster, Heise, Schmidt, Dianda and Kivela and referred to the Committee on Judiciary.
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms, gas ejecting devices,
and electro-muscular disruption devices; to prohibit the buying,
selling, or carrying of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a license or other
authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices under certain circumstances; to
provide for penalties and remedies; to provide immunity from civil
liability under certain circumstances; to prescribe the powers and
duties of certain state and local agencies; to prohibit certain
conduct against individuals who apply for or receive a license to
carry a concealed pistol; to make appropriations; to prescribe
certain conditions for the appropriations; and to repeal all acts
and parts of acts inconsistent with this act,"
by amending section 2b (MCL 28.422b), as amended by 2001 PA 199.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2b. (1) Except as provided in subsection (6), (5), upon
entry of an order or disposition into the law enforcement
information network under any provision of law described in section
2(3)(a), the department of state police shall immediately send
written notice of that entry to the person who is the subject of
the order or disposition. The notice shall be sent by first-class
mail to the last known address of the person. The notice shall
include at least all of the following:
(a) The name of the person.
(b) The date the order or disposition was entered into the law
enforcement information network.
(c) A statement that the person cannot obtain a license to
purchase a pistol or obtain a concealed weapon license until the
order or disposition is removed from the law enforcement
information network.
(d) A statement that the person may request that the state
police correct or expunge inaccurate information entered into the
law enforcement information network.
(2) A person who is the subject of an order entered into the
law enforcement information network under any provision of law
described in section 2(3)(a) may request that the department of
state police do either of the following:
(a) Amend an inaccuracy in the information entered into the
law enforcement information network under any provision of law
described in section 2(3)(a).
(b) Expunge the person's name and other information concerning
the person from the law enforcement information network regarding 1
or more specific entries in the law enforcement information network
under any provision of law described in section 2(3)(a) because 1
or more of the following circumstances exist:
(i) The person is not subject to an order of involuntary
commitment in an inpatient or outpatient setting due to mental
illness.
(ii) The person is not subject to an order or disposition
determining that the person is legally incapacitated.
(iii) The person is not subject to a personal protection order
issued under any of the following:
(A) Section 2950 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950.
(B) Section 2950a of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950a.
(C) Section 14 of 1846 RS 84, MCL 552.14.
(iv) The person is not subject to an order for release subject
to protective conditions that prohibits the purchase or possession
of a firearm by the person issued under section 6b of chapter V of
the code of criminal procedure, 1927 PA 175, MCL 765.6b.
(3) Before the expiration of 30 days after a request is made
to amend an inaccuracy in the law enforcement information network
under subsection (2)(a) or to expunge 1 or more specific entries
from the law enforcement information network under subsection
(2)(b)(i) to (iv), the department of state police shall conduct an
investigation concerning the accuracy of the information contained
in the law enforcement information network, either grant or deny
the request and provide the person with written notice of that
grant or denial. A notice of denial shall include a statement
specifying the basis of the denial, and that a person may appeal
the denial pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(4) If the department of state police refuses a request by a
person for amendment or expunction under subsection (2), or fails
to act within 30 days after receiving the request under subsection
(2), the person may request a hearing before a hearing officer
appointed by the department of state police for a determination of
whether information entered into the law enforcement information
network should be amended or expunged because it is inaccurate or
false. The department of state police shall conduct the hearing
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(5)
Information contained in an order or disposition filed
with
the department of state police under any provision of law
described
in section 2(3)(a)(i) to (vii) is exempt from public
disclosure
under the freedom of information act, 1976 PA 442, MCL
15.231
to 15.246.
(5) (6)
The department of state police
shall not send written
notice of an entry of an order or disposition into the law
enforcement information network as required for a personal
protection order issued under section 2950 or 2950a of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,
until that department has received notice that the respondent of
the order has been served with or has received notice of the
personal protection order.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. 5325 (request no.
04850'14).
(b) House Bill No. 4155.
(c) Senate Bill No. ____ or House Bill No. 5327 (request no.
04851'14).
(d) Senate Bill No. ____ or House Bill No. 5328 (request no.
04853'14).
(e) Senate Bill No. ____ or House Bill No. 5326 (request no.
04854'14).
(f) Senate Bill No. 49.
(g) Senate Bill No. ____ or House Bill No. 5329 (request no.
00974'13 a).