Lucido legislation signed into law to protect falsely accused

State Rep. Peter Lucido’s three bills to protect falsely accused individuals was signed into law this week.

“The phrase ‘innocent until proven guilty’ is the foundation of

our country’s court system and I’m pleased that will be the law in Michigan,” said Lucido, of Shelby Township. “There’s no excuse to keep that when someone never faces a day of trial, much less is not convicted after trial.”

These bills require all arrest and personal identification information - such as fingerprints, mugshots, DNA, and other descriptive data - and statements are to be erased should the charges be dropped before trial or when an individual be found to be falsely accused or charged and found Not Guilty after trial. The legislation also requires removal of similar data from the Law Enforcement Information Network, used by law enforcement agencies across Michigan.

“People are having their lives cut down simply by someone Googling their name,” said Lucido, vice chair of the House Law and Justice Committee. “We’re guilty until proven innocent in the court of public opinion, but this will help make certain our legal system meets the constitutional standard.”

The legislation was inspired by a specific criminal case when Lucido, a licensed attorney, represented a Macomb County individual who faced charges before the witness retracted her statement and the charges were dropped prior to trial. Even with dropped charges, his client had to deal with lifelong effects of the case.

“This person did nothing wrong, yet his life was essentially destroyed every time he applied for a job or even shared his name with someone,” Lucido said. “It was an absolute travesty of justice. I wish I can turn back the clock to help that man and others who led lawful lives outside of a false accusation.”

House Bills 4536, 4537 and 4538 are now Public Acts 65, 66 and 67 of 2018, respectively.

Peter said after the passage of his bill, "I am proud that my recent legislation to protect those falsely accused was signed into law this week. I believe we need to protect Constitutional rights and follow due process of law. If someone who is accused and charges are either dismissed by prosecution or if they are found to be falsely accused or charged OR FOUND NOT GUILTY AFTER TRIAL, their arrest and personal identification information - such as fingerprints, mugshots, DNA, and other descriptive data - and statements are to be ERASED. "