October 6, 2005, Introduced by Reps. Condino, Newell and Nofs 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 section 4 (MCL 28.214), as amended by 2000 PA 320.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 the law
enforcement information network. The policy and rules shall do all
of the following:
(i) Ensure access to locator information obtained through the
law enforcement information network by state and federal agencies
and the friend of the court for enforcement of child support
programs as provided under state and federal law.
(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 any of 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.
(b) Review applications for network terminals 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 and
installation.
(2) A
Except as provided in
subsection (3), a person shall
not disclose 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.
(3) The attorney general or his or her designee, a prosecuting
attorney, or the court, in a criminal case, may disclose to the
defendant or the defendant's attorney of record information
pertaining to that defendant that was obtained from the law
enforcement information system.
(4) (3)
A person shall not disclose information from the law
enforcement information network in a manner that is not authorized
by law or rule.
(5) (4)
A person who violates subsection (2) or (3)
(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 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.