SB-0834, As Passed House, June 5, 2014

SUBSTITUTE FOR

SENATE BILL NO. 834

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.

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.

(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 takes effect 180 days

after the date it is enacted into law.

Enacting section 2. 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. 49.

(b) Senate Bill No. 881.

(d) House Bill No. 5325.

(e) House Bill No. 5328.