HB 4396

Act No. 71
Public Acts of 2026
Approved by the Governor
July 21, 2026
Filed with the Secretary of State
July 24, 2026
EFFECTIVE
DATE: July 24, 2026
state of michigan
103rd Legislature
Regular session of 2026
Introduced by Rep. Lightner
ENROLLED HOUSE BILL No. 4396
AN ACT to amend 1988 PA 13,
entitled �An act to permit certain minors to be diverted from the court system
having jurisdiction over minors; to establish diversion criteria and
procedures; to require certain records to be made and kept; to prescribe
certain powers and duties of courts having jurisdiction over minors and of law
enforcement agencies; and to prescribe certain penalties,� by amending section
9 (MCL 722.829), as amended by 2023 PA 287.
The People of the State of
Michigan enact:
Sec. 9. (1) Except as provided in subsection (2), a record
kept under this act must not be used by any person, including a court official
or law enforcement official, for any purpose except to make a decision on
whether to divert a minor.
(2) An individual or organization may submit a research
request for a record kept under this act to the state court administrative
office or an individual court, as applicable. If the research request is
granted, the applicable parties shall negotiate a data use agreement that
protects personally identifiable information from public disclosure. The data
use agreement must be created by the state court administrative office and
include provisions necessary to protect all data, including personally
identifying information, from misuse, including, but not limited to,
unauthorized disclosure. If a data use agreement is entered, the state court
administrative office or an individual court may release records according to
the provisions of the agreement. The state court administrative office may
charge the researcher to cover costs incurred for processing the research
request. Data provided under a data use agreement is exempt from disclosure
under section 13(1)(d) of the freedom of information act,
1976 PA 442, MCL 15.243. The researcher or program evaluator shall
abide by all terms and conditions set forth in the data use agreement.
(3) The state court administrative office and each court that
receives a research request under subsection (2) shall maintain records of all
of the following:
(a) Requests that are received and the dates they are
received.
(b) Requests that are granted and the dates they are granted.
(c) A description of the data released as a result of a
granted request.
(4) A person that violates subsection (1) is guilty of a
misdemeanor punishable by imprisonment for not more than 180 days, a fine of
not more than $1,000.00, or both.
(5) A risk screening tool and a mental health screening tool
conducted as part of a proceeding under this act and any information obtained
from a minor in the course of those screenings or provided by the minor in
order to participate in a diversion program, including, but not limited to, any
admission, confession, or incriminating evidence, are not admissible into
evidence in any adjudicatory hearing in which the minor is accused and are not
subject to subpoena or any other court process for use in any other proceeding
or for any other purpose.
(6) As used in this section:
(a) �Data use agreement� means an agreement between the
individual or organization and state court administrative office or individual
court that outlines the technical standards and other provisions to protect the
integrity of the information and personally identifiable information from
public disclosure.
(b) �Personally identifiable information� means information
about an individual that would reveal the individual�s identity, including, but
not limited to, an individual�s name, date of birth, Social Security number,
address, and other information unique to an individual.
This act is ordered to take
immediate effect.
Clerk of the House of
Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor