Monday, April 1, 2013

MCL 769.4a and ACT 550: Closed criminal proceedings

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Michigan State Senators Rick Jones, Tonya Schuitmaker, Steven Bieda, and Virgil Smith sponsored Senate Bill 633, which was aimed at closed proceedings in domestic violence cases which were pleaded and dimissed under MCL 769.4a.

SB633 was passed / enacted and became ACT 550. MCL 769.4a was amended to reflect the closed proceedings / non-public records of proceedings, in paragraphs 6 and 7 under ACT 550.

MCL 769.4a allows the expungment of domestic violence offenses. It is used in a majority of officer involved domestic violence cases, because it allows the officer to retain his gun after a DV incident. Thus, MCL 769.4a is known as Michigan's Loophole to the  Lautenberg Amendement [18 U.S.C. §922(g)(9) : bans access to firearms by people convicted of crimes of domestic violence].

Through the prolific use of MCL 769.4a by Michigan police officers and officials arrested for domestic violence [officer involved domestic violence / OIDV], the media exposed the epidemic of officer involved domestic violence, [as state officials, legislators, and even domestic violence agencies remained silent about this horrific crime of OIDV].

The only way to silence the only voice OIDV victims in Michigan have [the media], was by silencing the media.; Michigan state legislators and the Governor did so, when they enacted ACT 550.

There was outrage over the closed OIDV proceedings under MCL 769.4a. So, Michigan officials responded by removing the amended paragraphs of MCL 769.4a which reflected SB633 / ACT 550. BUT, Michigan did not repeal ACT 550: it's still there; it still allows the state to have closed hearings and non-public records for OIDV cases pleaded under MCL 769.4a.

Michigan officials have succeeded in closing the door on OIDV victims, under ACT 550.


18 U.S.C.§ 922(g)(9)

definition of 'convicted' can be found in the chapter 18 U.S.C. § 921(a)(33)(B)(ii) and has exceptions:

(33) (B)

(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—

(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside...


This is how amended MCL 769.4a with ACT 550 enclosed appeared on March 14, 2013 [effective April 01, 2013]:

ACT 550 [closed proceedings] is enclosed in pargraphs 6 and 7 of the amended MCL 769.4a:

Since the outrage over closed criminal proceedings under MCL 769.4a , Michigan has amended MCL 769.4a by removing pargraphs 6 and 7 / ACT 550 [closed proceedings]:    

  SB 633 / ACT 550: closed proceedings in cases pleaded under MCL 769.4a is still in effect...It's just hidden.  

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