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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5829 December 15, 1980 LAW ENFORCEMENT INFORMATION NETWORK: Warrants for misdemeanors under Michigan Vehicle Code LAW ENFORCEMENT AGENCIES: Reports of misdemeanors Misdemeanor warrants issued for alleged violation of provisions of 1949 PA 300 committed prior to August 1, 1979 may be included in the Law Enforcement Information Network even though the warrants are issued after August 1, 1979. Misdemeanor warrants issued for failure to answer civil infraction citations or to comply with a court order arising therefrom may be included within the Law Enforcement Information Network. Persons charged with misdemeanor offenses arising under 1949 PA 300, Sec. 321a may avail themselves of the bond provisions of 1961 PA 44. Sheriff Kenneth Preadmore Chairman LEIN Policy Council 714 South Harrison Road East Lansing, Michigan 48823 You have requested my opinion on several questions concerning the impact of 1978 PA 510 on the Law Enforcement Information Network (LEIN). 1978 PA 510 amended the Michigan Vehicle Code, 1949 PA 300; MCLA 257.1 et seq; MSA 9.1801 et seq, to make violations of certain of its provisions to be civil infractions for which civil sanctions are ordered. Amendatory 1978 PA 510 became effective on August 1, 1979. Your questions are: 1. Does amendatory 1978 PA 510 have any impact on the active warrant records currently in the LEIN files which were issued by the courts prior to August 1, 1979? 2. Whether a warrant issued pursuant to 1949 PA 300, supra, Secs. 321a and 744, as amended by 1978 PA 510, may be entered into the LEIN system? 3. Should an arrest be made on such warrants, is the defendant, a State of Michigan resident, entitled to post bond under the interim bond statute? 1978 PA 510, Sec. 3 provides: 'Section 4a of chapter 1 of the Revised Statutes of 1846, being section 8.4a of the Michigan Compiled Laws applies to violations of Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a local ordinance substantially corresponding thereto, which occurred before the effective date of this amendatory act and which would otherwise be designated as civil infractions upon the effective date of this amendatory act.' RS 1846, c 1, Sec. 4a; MCLA 8.4a; MSA 2.214, states: 'The repeal of any statute or part thereof shall not have the effect to release or relinquish any penality, forfeiture, or liability incurred under such statute or any part thereof, unless the repealing act shall so expressly provide, and such statute and part thereof shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.' It is, therefore, my opinion that amendatory 1978 PA 510 has no effect on the active warrant records in the LEIN system. Turning to your second question, although a failure to answer a civil infraction citation, failure to appear or failure to comply with an order or judgment issued pursuant to 1949 PA 300, Sec. 907, is a misdemeanor under 1949 PA 300, supra, Sec. 321a, an arrest warrant shall not be issued until a sworn complaint is filed with the court. 1949 PA 300, supra, Sec. 744. (1) The uniform crime reporting act, 1978 PA 319; MCLA 28.251 et seq; MSA 4.469(51) et seq, provides, in part, for the reporting of wanted persons. The Director of the Department of State Police has the authority to prescribe the reporting form and its content. Although 1968 PA 319, supra, Sec. 6 specifically exempts misdemeanor traffic cases or offenses from its coverage, violations of 1949 PA 300, Sec. 321A, supra, will be covered since they are in fact misdemeanor offenses for ignoring court orders and not civil infraction traffic violations. The Law Enforcement Information Network Policy Council, created by 1974 PA 163; MCLA 28.211 et seq; MSA 4.448(51) et seq Sec. 2, is in the process of promulgating a rule pursuant to a directive of the Director of the Department of State Police that will establish the LEIN system as the proper form and content for the reporting of wanted persons. The Legislature has authorized the council to promulgate rules pursuant to 1974 PA 163, supra, Sec. 4a, which provides: 'The council shall: (a) Establish policy and promulgate rules regarding the operational procedures to be followed by agencies using the law enforcement information network.' The Michigan LEIN Operator's Manual is a policy statement of the council. The manual lists misdemeanor warrants as a proper classification of data to be entered into the LEIN system and at this time misdemeanor warrants are in fact entered into the LEIN system. Therefore, warrants issued pursuant to 1949 PA 300, Secs. 321a and 744, supra, may be entered into the LEIN system. In response to your last question, 1961 PA 44, Sec. 2; MCLA 780.582; MSA 28.872(2), provides: 'When any person is arrested with a warrant for a misdemeanor, violation of a city, village or township ordinance which is punishable by imprisonment for not more than 1 year or by a fine, or both, the provisions of section 1 of this act shall apply, except that the interim bond shall be directed to the magistrate who has assigned the warrant, or any judge authorized to act in his stead.' In 1961 PA 44, Sec. 1; MCLA 780.581; MSA 28,872(1), the Legislature has, in pertinent part, provided: '(1) When any person is arrested without a warrant for a misdemeanor, violation of a city, village or township ordinance punishable by imprisonment for not more than 90 days or by a fine of not more than $100.00, or both, the officer making the arrest shall take, without unnecessary delay, the person arrested before the most convenient magistrate of the county in which the offense was committed to answer to the complaint made against him. '(2) If no magistrate is available or immediate trial cannot be had, the person so arrested may recognize to the direct supervisor of the arresting officer or department or the sheriff or his deputy in charge of the county jail if the person so arrested is lodged in the county jail for his appearance by leaving with him: '(a) A sum of money not to exceed $100.00 if the offense is punishable by imprisonment for not more than 90 days or by a fine, or both except as provided in subdivision (b).' A plain reading of 1961 PA 44, Secs. 1 and 2, supra, indicates that its terms apply to persons arrested on misdemeanor warrants issued pursuant to 1949 PA 300, Secs. 321a and 744, supra. It is, therefore, my opinion that persons arrested on misdemeanor warrants issued in accordance with 1949 PA 300, Secs. 321a and 744, supra, may avail themselves of the interim bond provisions of 1961 PA 44, Secs. 1 and 2, supra. Frank J. Kelley Attorney General (1)
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