Michigan House Bill HB4432

Michigan 2023-2024 Regular Session

• Introduced: 4/19/23
• Refer: 4/19/23
• Report Pass: 12/3/24

Caption

Criminal procedure: biometric data; reference to sodomy in 1925 PA 289; remove. Amends sec. 3 of 1925 PA 289 (MCL 28.243). TIE BAR WITH: HB 4431'23

Impact

The impact of HB4432 is significant as it revises existing laws related to criminal procedures and biometric information collection. It establishes clearer protocols for law enforcement agencies on when to collect biometric data, especially in cases involving misdemeanors that could result in increased penalties. This shift potentially enhances the efficiency of criminal records management and increases the state's ability to maintain accurate criminal history records. However, it also raises concerns regarding privacy and the treatment of individuals who may be arrested but not convicted, as their biometric data could be stored and shared extensively.

Summary

House Bill 4432 aims to amend the 1925 PA 289, which governs the fingerprint identification and criminal history records division within Michigan's Department of State Police. This bill introduces specific provisions regarding the collection and management of biometric data from individuals arrested for certain crimes. It stipulates that biometric data, such as fingerprints, must be collected and forwarded to the state's department within 72 hours after the arrest if the individual is arrested for a felony or for certain misdemeanors. The bill also outlines that such data must be sent to the Federal Bureau of Investigation, reflecting a commitment to tracking criminal activity at both state and federal levels.

Contention

Notably, this bill may encounter opposition concerning privacy rights and the handling of biometric data, especially concerning juveniles. Critics may argue that collecting such data could lead to stigmatization and violate individuals' rights, particularly for those arrested for minor offenses. Additionally, there may be discussions around the ethical implications of forwarding biometric data to the FBI and how that information will be utilized in future law enforcement activities. The bill's provisions regarding the handling of juvenile offenses, in particular, are likely to be scrutinized for their potential long-term effects on young people's lives.