2023 Michigan Compiled Laws › Chapter 752 - Crimes and Offenses › Act 183 of 2013 - Student Safety Act (752.911 - 752.918) › Section 752.916 - Filing of Petition by Person Charged With Criminal Offense as Result of Report or Information; Disclosure; Notice to Local Governmental Unit and Attorney General; Right to Appear in Opposition to Petition; Hearing; Petition by Prosecuting Attorney if Reason to Believe Report or Information Falsely Provided; Right of Attorney General to Appear in Other Action.

752.916 Filing of petition by person charged with criminal offense as result of report or information; disclosure; notice to local governmental unit and attorney general; right to appear in opposition to petition; hearing; petition by prosecuting attorney if reason to believe report or information falsely provided; right of attorney general to appear in other action.
Sec. 6.
(1) A person who is charged with a criminal offense as a result of a report or information filed under section 3 may petition the court for disclosure of the report or information, including any identifying information, as provided in this subsection. The prosecuting attorney for the local unit of government having jurisdiction and the attorney general shall be notified of the petition not less than 7 days before the hearing on the petition, or as otherwise provided by the court, and have the right to appear in the proceedings to oppose the petition. If a petition is filed under this subsection, the court may conduct a hearing on the petition. If a hearing is conducted, it must be conducted in chambers outside of the presence of the petitioner. If the court determines that the report or information, including any identifying information, is relevant to the criminal proceedings and is essential to the fair trial of the person, the court may order the disclosure of that report or information, including any identifying information, as determined appropriate by the court. The court may place restrictions on the release and use of the report or information, including any identifying information, obtained under this subsection or may redact material as it considers appropriate. Material reviewed by the court that is not ordered released or that is redacted must be maintained by the court under seal for purposes of appeal only.
(2) If the prosecuting attorney for a local unit of government has reason to believe that a report or other information provided under section 3 was falsely provided, that prosecuting attorney may petition the court to disclose the report or information, including any identifying information. The attorney general shall be notified of the petition not less than 7 days before the hearing on the petition, or as otherwise provided by the court, and has the right to appear in the proceedings to oppose the petition. If the court determines that there is reason to believe that the report or information may have been falsely provided, the court may order the disclosure of the report or information, including any identifying information, as determined appropriate by the court. The court may place restrictions on the release and use of the report or information, including any identifying information, obtained under this subsection or may redact material as it considers appropriate. Material reviewed by the court that is not ordered released or that is redacted must be maintained by the court under seal for purposes of appeal only.
(3) The attorney general may also appear in any other action to oppose the release of any report or information obtained under section 3, including any identifying information.
History:
2013, Act 183, Imd. Eff. Dec. 13, 2013 ;-- Am. 2020, Act 401, Imd. Eff. Jan. 4, 2021
Compiler's Notes:
Enacting section 1 of Act 183 of 2013 provides:"Enacting section 1. This act is repealed effective October 1, 2017."Enacting section 1 of Act 100 of 2017 provides:"Enacting section 1. This act is repealed effective October 1, 2021."Enacting section 1 of Act 550 of 2018 provides:"Enacting section 1. Enacting section 1 of 2013 PA 183, as amended by 2017 PA 100, is repealed."