October 6, 2005, Introduced by Reps. Newell, Nofs and Condino and referred to the Committee on Judiciary.
A bill to amend 1974 PA 163, entitled
"L.E.I.N. policy council act of 1974,"
by amending the title and sections 1, 2, 3, 4, and 5 (MCL 28.211,
28.212, 28.213, 28.214, and 28.215), section 4 as amended by 2000
PA 320, and by adding sections 1a and 3a; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to provide for the creation of a
law enforcement
information
network criminal justice
information systems policy
council; to provide for the establishment of policy and
promulgation
of rules governing the use of the law enforcement
information
network access, use, and
disclosure of information in
criminal
justice information systems; and
to provide for the
appointment
and compensation reimbursement
of expenses of council
members; and to provide for penalties.
Sec. 1. This act shall be known and may be cited as the
"L.E.I.N.
"C.J.I.S. policy council act". of 1974".
Sec. 1a. As used in this act:
(a) "Council" or "C.J.I.S." means the criminal justice
information policy council created in section 2.
(b) "Nonpublic information" means information to which access,
use, or dissemination is restricted by a law or rule of this state
or the United States.
Sec.
2. (1) There is created the law enforcement information
network
The criminal justice
information policy council ,
hereafter
referred to as the council, comprised is created in the
department of state police. The council is composed of the
following members:
(a)
The attorney general , or his
designated representative
or her designee.
(b)
The secretary of state , or his
designated
representative
or her designee.
(c)
The director of the department of corrections , or
his
designated
representative or her
designee.
(d)
The commissioner chief of the Detroit
police department
,
or his
designated representative or her designee.
(e) The director of the department of state police or his or
her designee.
(f) (e)
Three representatives of the department of state
police ,
to be appointed by the director of the department of
state police.
(g) (f)
Three representatives of the Michigan
association of
chiefs
of police , to be appointed annually
by that
association.
(h) (g)
Three Four representatives of the Michigan
sheriffs'
association ,
to be appointed
annually by
that association.
(i) (h)
Three representatives of the prosecuting attorneys
association
of Michigan to
be appointed
annually by
that
association.
(j) A representative of the Michigan district judges
association appointed by that association.
(k) A representative of the Michigan judges association
appointed by that association.
(l) The state court administrator or his or her designee.
(m) An individual appointed by and serving at the pleasure of
the governor who is employed in or engaged in the private security
business.
(n) An individual appointed by and serving at the pleasure of
the governor who represents human services concerns in this state.
(o) The director of the department of information technology
or his or her designee.
(2) The appointed members of the council shall serve 2-year
terms and may be reappointed.
Sec.
3. (1) The council, shall, at its first meeting, shall
elect
from its membership a chairman chairperson, who shall
serve
for
1 year. Elections thereafter An election for chairperson
shall
be held annually. A chairman may chairperson, if reelected,
may
succeed himself or herself. The council shall meet quarterly ,
during
the months of January, April, July, and
October , and at
other
times the chairman deems necessary or
more frequently at the
call of the chairperson.
(2) Council members shall serve without compensation, but
shall
be are entitled to actual expenses incurred during
attendance at a regular or special council meeting and in traveling
to and from a meeting.
(3) A majority of council members constitute a quorum for
conducting the business of the council
Sec. 3a. (1) The council shall exercise its prescribed powers,
duties, functions, and responsibilities independently of the
director of the department of state police. The budgeting,
procurement, and related management functions of the council shall
be performed under the direction and supervision of the director of
the department of state police.
(2) The executive secretary of the council shall be appointed
by the director of the department of state police subject to the
approval of the council.
Sec. 4. (1) The council shall do all of the following:
(a)
Establish policy and promulgate rules
regarding the
operational
procedures to be followed by agencies using governing
access, use, and disclosure of information in criminal justice
information systems, including the law enforcement information
network, the automated fingerprint information system, and other
information systems related to criminal justice or law enforcement.
The policy and rules shall do all of the following:
(i) Ensure access to information obtained by a federal, state,
or local governmental agency to administer criminal justice or
enforce any law.
(ii) (i) Ensure access to locator information obtained
through
provided by the law enforcement information network by
state
and federal agencies and the friend of the court for or the
automated fingerprint identification system by a governmental
agency
engaged in the enforcement of child
support programs as
provided
under state and federal law laws,
child protection laws,
or vulnerable adult protection laws.
(ii) Ensure access to information of an individual
being
investigated
by a state or county employee who is engaged in the
enforcement
of the child protection laws or rules of this state.
(iii) Authorize a fire chief of an organized fire department or
his or her designee to request and receive information obtained
through the law enforcement information network by a law
enforcement agency for the following purposes:
(A) A preemployment criminal convictions history.
(B) A preemployment driving record.
(C) Vehicle registration information for vehicles involved in
a fire or hazardous materials incident.
(iv) Authorize a public or private school superintendent,
principal, or assistant principal to receive vehicle registration
information, of a vehicle within 1,000 feet of school property,
obtained through the law enforcement information network by a law
enforcement agency.
(v) Authorize the attorney general or a prosecuting attorney
to disclose to a defendant, or an attorney of record representing
that defendant, information pertaining to that defendant.
(vi) Establish fees for access, use, or dissemination of
information from criminal justice information systems.
(b)
Review applications for network terminals C.J.I.S.
access and approve or disapprove the applications and the sites.
for
terminal installations. If an application is disapproved, the
applicant shall be notified in writing of the reasons for
disapproval.
(c)
Establish minimum standards for terminal sites equipment
and software and its installation.
(d) Advise the governor on issues concerning the criminal
justice information systems.
(2) A person having direct access to nonpublic information in
the information systems governed by this act shall submit a set of
fingerprints for comparison with state and federal criminal history
records to be approved for access pursuant to the C.J.I.S. security
policy issued by the council. A report of the comparison shall be
provided to that person's employer.
(3) (2)
A person shall not access, use, or disclose
nonpublic
information from
the law enforcement information network
to
a private entity for any purpose, including, but not limited to,
the
enforcement of child support programs governed under this act
for personal use or gain.
(4) (3)
A person shall not disclose information from
the
law
enforcement information network governed
under this act in a
manner that is not authorized by law or rule.
(5) (4)
A person who intentionally violates subsection (2)
or
(3) or
(4) is guilty of a crime as follows:
(a) For a first offense, the person is guilty of a misdemeanor
punishable
by imprisonment for not more than
90 93 days
or a fine
of not more than $500.00, or both.
(b) For a second or subsequent offense, the person is guilty
of a felony punishable by imprisonment for not more than 4 years or
a fine of not more than $2,000.00, or both.
Sec.
5. The council may remove terminals do any of the
following:
(a) Authorize access to public record information to enhance
public safety or criminal justice, as permitted by law.
(b) Suspend or deny the use of, and access to, information
governed under this act or remove access from an agency if the
agency or
entity controlling the terminal fails to comply with the
established
violates policies or promulgated rules of the council.
(c) Suspend or deny direct access to information to an
individual who violates this act, policies, or promulgated rules of
the council.
Enacting section 1. The following acts and parts of acts are
repealed:
(a) Section 6 of the L.E.I.N. policy council act of 1974, 1974
PA 163, MCL 28.216.
(b) The A.F.I.S. policy council act, 1988 PA 307, MCL 28.151
to 28.158.