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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 6

SCAO Administrative Memorandum 2002-01

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

March 22, 2002

Page 6

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sodomy

•

gross indecency

•

indecent liberties

•

child abusive commercial activities

The destruction requirement also does not apply to :

•

a person who has a prior conviction other than a misdemeanor traffic offense, unless a judge

of a court of record, except the probate court, orders by express order on the record, the

destruction, or return of the fingerprints; or

•

a juvenile arrested and charged with an offense that would constitute the commission or

attempted commission of any of the above listed crimes if committed by an adult.

Order for Return of Fingerprint Information

Effective April 1, 2002, if a juvenile is adjudicated and found not to be within the provisions of MCL

712A.2, or if an accused is found not guilty of the offense, and if the fingerprints and arrest card are

not destroyed within 60 days, the juvenile or accused may obtain an order from the court having

jurisdiction over the case for the return of the information. [MCL 28.243(8); 2001 PA 187]

Refused Taking of Fingerprints

Effective April 1, 2002, a person who refuses to allow or resists the taking of his or her fingerprints,

if authorized or required pursuant to the Bureau of Criminal Identification and Records Act ,is guilty

of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than

$500, or both. [MCL 28.243a(2); 2001 PA 187]

Effective April 1, 2002 if a juvenile is found responsible for having resisted or refused to provide

fingerprints, the juvenile is open to the dispositional options available under the Juvenile Code. [See

MCL 712A.2(a)(1) and 712A.18]

Michigan Court Rules

Through the Family Division Joint Rules Committee, relevant court rules are being identified for

amendment to implement statutory changes affecting fingerprinting, criminal history reporting, and

other aspects of the domestic violence package.

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 6

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