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Scao Administrative Memorandum 2002-01 - Public Acts 187-188 And 203-204, Fingerprinting And Reporting To Criminal Justice Information Center - State Court Administrative Office Page 3

SCAO Administrative Memorandum 2002-01

Public Acts 187-188, 203-204, Fingerprinting and Reporting to Criminal Justice Information Center

March 22, 2002

Page 3

Juveniles

Requirements under the Juvenile Code for courts to examine court files for evidence that

fingerprints have been taken pursuant to MCL 28.243, and to issue a relevant order if

fingerprints need to be taken, have not been amended. [See MCL 712A.11(5) and

712A.18(10).] However, due to the abovementioned changes to the definition of “juvenile

offense” and to fingerprinting requirements, the instances where such examination and

ordering are required have also been altered.

MCL 712A.11(5) and 712A.18(10) of the Juvenile Code require a court to examine a

juvenile’s file for fingerprints, if fingerprints were to have been taken pursuant to MCL

28.243. As indicated in A1. above, as of April 1, the fingerprinting provision of MCL

28.243, using a new definition for “juvenile offense,” directs that an arresting law

enforcement agency shall take a juvenile’s fingerprints upon arrest for a juvenile offense

other than a juvenile offense for which the maximum possible penalty does not exceed 92

days’ imprisonment or a fine of $1000, or both. [MCL 28.241a(h), 28.243(1); 2001 PA 187]

Adults

MCL 764.29 requires the court at arraignment to examine court files where the maximum

possible penalty is more than 92 days imprisonment to determine if fingerprints have been

taken and, if not, order the person to be taken into custody or to surrender himself or herself

to law enforcement for the taking of fingerprints. This same requirement was apparently not

created in the new legislation for PPO and FPO criminal contempt actions. Courts should

consider following the procedure outlined in MCL 764.29 for PPO and FPO contempt

actions in order to comply with reporting requirements included in D.2., Report of

Disposition by Court, below.

Fingerprints are not required solely because a person has been convicted of violating MCL

257.904(3)(a) or a substantially corresponding local ordinance. [MCL 28.243(3), 2001 PA

187]

Report of Disposition by Court

Effective April 1, 2002, the clerk of the court shall not report a conviction of a misdemeanor offense

under the Michigan Vehicle Code, MCL 257.1 to 257.923, or a local ordinance substantially

corresponding to a provision of that act, unless one or more of the following apply:

•

The offense is punishable by imprisonment for more than 92 days .

•

The offense is an offense that would be punishable by more than 92 days as a second

conviction. Note: This provision was in effect prior to October 1, 2000, and was removed

by 2000 PA 200. It is now reinstated.

•

A judge of the court orders the clerk to report the conviction. Note: This provision was in

Scao Administrative Memorandum 2002-01 - Public Acts 187-188 And 203-204, Fingerprinting And Reporting To Criminal Justice Information Center - State Court Administrative Office Page 3

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