September 2020

We offer, on a continuing basis, summaries of recently signed, recently passed, and important proposed state legislation as a supplement to our annual survey.


Allow Set-Aside for Certain Convictions

HBs 4980-4985, 5120, also known as Clean Slate legislation, would amend various statutes to allow certain convictions (including certain traffic and marijuana convictions) to be set aside (expunged), to modify the procedure and requirements for conviction set-asides, and to increase the number of set-asides a person can receive. HB 4980 would make expungement automatic for certain convictions. The Senate passed the bills on September 23, 2020. 

Eliminate driver’s license suspensions not related to public safety, jail mandatory minimums, and jail for certain traffic misdemeanors

HBs 5844, 5846-5857 would amend various statutes to eliminate certain driver’s license suspensions that are not related to public safety (HBs 5846-HB 5852), jail mandatory minimums (HBs 5844, 5854-5857), and jail incarceration as an option for certain traffic misdemeanors (HB 5833). The bills were based on recommendations from the Michigan Joint Task Force on Jail and Pretrial Incarceration. The House passed the bills on September 23, 2020. 


Include Private Correctional Facilities in Offense of Trespassing on Property of State Correctional Facilities

HB 6169 would amend MCL 750.552b (among other statutes) to extend the crime of trespassing on the property of a state correctional facility to include private correctional facilities, particularly North Lake Correctional Facility, which houses immigrant detainees under a federal contract. HB 6170 would likewise extend the offense of possession of certain items in a state correctional facility to private facilities. The bills were introduced in the House on September 3, 2020.

Make Records of Charges Dismissed Before Trial Nonpublic

SB 1093 would amend MCL 764.26a to require courts and law enforcement agencies to make records of charges dismissed before trial nonpublic and require the removal of such charges from ICHAT. The bill was introduced in the Senate on September 9, 2020.

by John Zevalking
Associate Editor