CSC OFFENSES: PROHIBIT EXPUNCTION                     S.B. 1177 (S-1): FLOOR ANALYSIS

Senate Bill 1177 (Substitute S-1 as reported) Sponsor: Senator Mike Rogers

Committee: Judiciary

CONTENT

The bill would amend Public Act 213 of 1965, which provides for the setting aside of criminal convictions, to prohibit the expunction of a conviction for first-, second-, or third-degree criminal sexual conduct (CSC), assault with intent to commit CSC, or an attempt to commit a felony for which the maximum punishment is imprisonment for life.

The Act allows a person who is convicted of not more than one offense to file an application with the convicting court to have the conviction set aside. An application to have a conviction expunged cannot be filed until five years after the imposition of the sentence for the conviction or five years following completion of any term of imprisonment for that conviction, whichever occurs later. The Act provides that a person may not apply to have set aside, and a judge may not set aside, a conviction for a felony for which the maximum punishment is imprisonment for life. The bill would add the CSC offenses and an attempt to commit a life-maximum offense to that provision.

MCL 780.621                                                                                   Legislative Analyst: P. Affholter

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed: 10-1-96                                                                          Fiscal Analyst: B. Baker

M. Ortiz

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.