HOUSE BILL NO. 6226

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding section 2908.

the people of the state of michigan enact:

Sec. 2908. (1) When a court orders a commitment or makes a finding or adjudication under the laws of this state by which an individual becomes subject to the provisions of 18 USC 922(d)(4) or (g)(4), the clerk of the court shall forward only that information that is necessary to identify the individual to the department of state police, which in turn shall forward the information to the Federal Bureau of Investigation or its successor agency for the sole purpose of inclusion in the national instant criminal background check system. The court shall also notify the individual of the prohibitions of 18 USC 922(d)(4) and (g)(4).

(2) An individual who is subject to the disabilities of 18 USC 922(d)(4) or (g)(4) or of section 2(3)(a)(i), (ii), or (vii) of 1927 PA 372, MCL 28.422, or section 5b(7)(d)(i), (ii), or (v), (j), (k), (l), or (m) of 1927 PA 372, MCL 28.425b, because of an adjudication or commitment that occurred under the laws of this state may petition the court in which that adjudication or commitment proceeding occurred or the circuit court with jurisdiction over the county in which the individual currently resides to remove the disabilities. A copy of the petition for relief must be served upon the attorney who represented this state in the underlying case or proceeding, if any, or that attorney's successor in office. That attorney may, as the attorney considers appropriate, represent the interests of this state in the restoration proceedings.

(3) The court shall receive and consider evidence under this section in a closed proceeding, including evidence offered by the petitioner, concerning all of the following:

(a) The circumstances regarding the firearm disabilities from which relief is sought.

(b) The petitioner's mental health and criminal history records, if any.

(c) The petitioner's reputation, developed at a minimum through character witness statements, testimony, or other character evidence.

(d) Changes in the petitioner's condition or circumstances since the original adjudication, commitment, or diagnosis relevant to the relief sought.

(4) The court shall grant the petition for relief to remove the disabilities if it finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that granting the relief will not be contrary to the public interest. A record must be kept of the proceedings, but the record must remain confidential and be disclosed only to a court or the parties in the event of an appeal. The petitioner may appeal a denial of the requested relief, and review on appeal must be de novo.

(5) The clerk of the court shall promptly notify the department of state police of an order granting relief under this section. The department of state police shall as soon thereafter as is practicable, but no later than 10 business days thereafter, remove any applicable record in the law enforcement information network and any other database that the department of state police makes available to the national instant criminal background check system and notify the United States Attorney General that the basis for the record being made available no longer applies.

(6) An individual may petition for relief under this section not more than once every 2 years and, in the case of an individual who was committed to a mental health facility, not before the individual has been discharged from that commitment.