Michigan House Bill HB5412

Michigan 2023-2024 Regular Session

• Introduced: 1/30/24
• Refer: 1/30/24

Caption

Criminal procedure: biometric data; references to certain sexual conduct related offenses in 1925 PA 289; modify. Amends sec. 3 of 1925 PA 289 (MCL 28.243).

Impact

If enacted, this bill would create more stringent regulations regarding the handling of biometric data by law enforcement. It mandates that law enforcement agencies collect biometric data within 72 hours of arrest for specific crimes, which aims to streamline the processing of criminal records. Supporters argue that this enhanced framework will not only aid in law enforcement but also in the prosecution of crimes, particularly in connecting repeat offenders to previous arrests and convictions. Moreover, the bill attempts to ensure the accurate documentation of juvenile offenses by including reporting requirements for minors, thereby reinforcing accountability within the juvenile justice system.

Summary

House Bill 5412 proposes amendments to the existing law concerning the collection of biometric data in Michigan. Specifically, it aims to modify the provisions related to the collection and reporting of biometric data by law enforcement agencies upon the arrest of individuals. The bill ensures that biometric data such as fingerprints and DNA are recorded and forwarded to the state department and, subsequently, to the Federal Bureau of Investigation. This requirement applies to felony arrests and certain misdemeanors, reinforcing a systematic approach to tracking criminal history and maintaining public safety.

Contention

However, there are concerns regarding privacy and the ethical implications of expanding biometric data collection. Opponents warn that such measures could lead to an overreach in surveillance and the potential misuse of sensitive personal data. Questions have also been raised about the adequacy of data protection measures in place, particularly for juveniles, and the repercussions of having such data on public record. The debate around HB5412 highlights a broader discussion on balancing public safety needs with individual privacy rights and the long-term implications of pervasive biometric data collection.