02062020 - MCL 769.4a Amended - Senate Bill 257 Of 2019/ACT NO. 115 - EFFECTIVE - Criminal Proceedings Deferred & Probation Instead Of Jail

Examining the Lautenberg Amendment in the Civilian and Military Contexts

Why was the Lautenberg Amendment created?

"Senator Lautenberg intended to close a dangerous loophole in the Gun Control Act enabling domestic violence offenders to evade an additional felony conviction for gun possession by getting domestic violence felony charges reduced to misdemeanors."

Also See:

18 U.S.C. § 922(g)(9) - Lautenberg Domestic Violence Conviction Gun Ban

18 USC § 921(a) - Firearms - Exception To DV/Lautenberg Gun Ban: Expungement/Setting Aside Of DV Conviction 

MCL 769.4a - Michigan's Loophole To 18 U.S.C. § 922(g)(9) - Lautenberg Domestic Violence Conviction Gun Ban

Defer criminal proceedings in domestic violence cases and place the  individual on probation. Upon fulfillment of conditions of probation, the court will dismiss the proceedings against the person.

OTHER CHANGES TO MCL 769.4A UNDER SENATE BILL 257 OF 2019/ACT NO. 115
Sec. 4a (4) Discharge and dismissal under this section shall  MUST be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime...

Sec. 4a (7) if the record of proceedings as to the defendant is deferred under this section, the record of proceedings during the period of deferral shall MUST be closed to public inspection.

MCL769.42--AMENDMENT--Bill-257--11082019--Effective--02062020

MCL769.42--Prior-To-Bill-257-Of-11082019

01222020 - MIOIDV Letter To Michigan Officials - Funding For MIOIDV

MIOIDV--Letter-To-Michigan-Officials--01212020

Department of Justice - Office For Victims Of Crime
Michigan Attorney General
Michigan US Senators
Michigan US Representatives
Michigan State Senators
Michigan State Representatives


RE: Funding For Michigan Officer Involved Domestic Violence Project (MIOIDV) website (owned and operated by Renee' Harrington)

In 2007 I created the MIOIDV website after Michigan officials and legislators previously refused to fund/approve a state OIDV program. As a survivor of officer involved domestic violence (OIDV), I created the MIOIDV website for victims/survivors of OIDV in order to bring the travesties of these crimes to the attention of government officials. With over 750,000 visitors to the MIOIDV website, I have succeeded in bringing to light the miscarriages of justice in these OIDV cases.

A large number of the daily visitors on my website are city, county, state, and federal agencies. The MIOIDV website allows officials to access these cases instantly so they don't have to spend hours and days researching OIDV cases themselves.

Additionally, the website allows state officials to follow current OIDV cases as they progress through the criminal justice system. Thus, officials are able to witness first-hand the discrepancy in how OIDV criminal cases are handled differently than non-officer involved DV cases.

I am one of only a few Michigan DV experts in the state who has publicly addressed our state's need for laws and programs to protect OIDV victims. I have been interviewed on radio, TV, and in newspaper articles; therefore, it is understandable that officials rely on my website for their OIDV research.

Unfortunately, unlike the media which acknowledges and cites my work, officials using my site fail to acknowledge or cite it properly. In some of these incidents, officials have actually downloaded my research from my site. My concern is that officials not citing and acknowledging my work have an opportunity to present my research as their own.

After a sheriff deputy's attempt on my life I was blackballed from working in law enforcement, criminal justice, and working with DV victims; which is a deprivation of my rights under Color of Law. I had previously volunteered hundreds of hours to the city and county in drafting domestic violence programs and compiling statistical research. The county retained all of my work and with it they were able to obtain state and federal funding for one of the programs I had drafted.

In sum, if I'm not able to secure financial support for the website very soon, I will be unable to offer the website to those state officials who rely on it.

I would be happy to schedule an appointment with you to discuss this matter. I look forward to working with officials on this matter.

Thank you for your time and consideration.

Sincerely,
Renee' Harrington
michigan.oidv@gmail.com