January 11, 2024, Introduced by Senator CHANG and referred to the Committee on Civil Rights, Judiciary, and Public Safety.

A bill to amend 1988 PA 13, entitled

"Juvenile diversion act,"

by amending section 9 (MCL 722.829), as amended by 2023 PA 287.

the people of the state of michigan enact:

Sec. 9. (1) A Except as provided in subsection (2), a record kept under this act must not be used by any person, including a court official or law enforcement official, for any purpose except in making to make a decision on whether to divert a minor.

(2) A researcher may submit a research request for a record kept under this act to the state court administrative office or an individual court, as applicable. If the research request is granted, the applicable parties shall negotiate a data use agreement for the requested records. The researcher shall abide by all terms and conditions set forth in the data use agreement.

(3) If records kept under this act are collected by a court official to be provided to a researcher in accordance with subsection (2), the records must be redacted of personally identifiable information as follows:

(a) If all of the collected records have a common unique identifier, such as a court case record number, petition number, or another identifier that is determined to be sufficient by the court and the researcher, the state court administrator or court official, as applicable, shall redact the personally identifiable information before the records are provided to the researcher.

(b) If all of the collected records do not have a common unique identifier, the state court administrative office or court official, as applicable, shall work with the researcher to match the records and subsequently to redact the personally identifiable information.

(4) (2) A person that violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 180 days, a fine of not more than $1,000.00, or both.

(5) (3) A risk screening tool and a mental health screening tool conducted as part of a proceeding under this act and any information obtained from a minor in the course of those screenings or provided by the minor in order to participate in a diversion program, including, but not limited to, any admission, confession, or incriminating evidence, are not admissible into evidence in any adjudicatory hearing in which the minor is accused and are not subject to subpoena or any other court process for use in any other proceeding or for any other purpose.

(6) As used in this section, "personally identifiable information" means information about an individual that would reveal the individual's identity, including, but not limited to, an individual's name, date of birth, Social Security number, address, and other information unique to an individual.

Enacting section 1. This amendatory act takes effect October 1, 2024.