Bill Text: MI SB0134 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Crimes; criminal sexual conduct; certain reference to fourth degree criminal sexual conduct; revise to reflect changes in substantive law. Amends sec. 2a of 1966 PA 189 (MCL 780.652a). TIE BAR WITH: SB 0135'13

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-01-31 - Referred To Committee On Judiciary [SB0134 Detail]

Download: Michigan-2013-SB0134-Introduced.html

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SENATE BILL No. 134

 

 

January 31, 2013, Introduced by Senators JONES, EMMONS, BIEDA, ANDERSON and GREEN and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1966 PA 189, entitled

 

"An act to provide procedures for making complaints for, obtaining,

executing and returning search warrants; and to repeal certain acts

and parts of acts,"

 

by amending section 2a (MCL 780.652a), as added by 1996 PA 186.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2a. (1) If the court has probable cause to believe that

 

an individual violated section 520b(1)(b)(ii) or (h)(i),

 

520c(1)(b)(ii) or (h)(i), or 520d(1)(d) , or 520e(1)(g) of the

 

Michigan penal code, Act No. 328 of the Public Acts of 1931, being

 

sections 750.520b, 750.520c, 750.520d, and 750.520e of the Michigan

 

Compiled Laws, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d,

 

the court shall, upon proper petition for a search warrant,

 

authorize the search and seizure of hair or tissue, or blood or

 

other fluid samples from all of the following:

 

     (a) Any individual whom the court has probable cause to

 

believe committed that violation.

 

     (b) If the court has probable cause to believe that the

 

violation resulted in the birth of a child, that child.

 

     (c) If the court has probable cause to believe that the

 

violation resulted in a pregnancy that was terminated before the

 

birth of a child, the remains of that unborn child.

 

     (2) This section does not prohibit the court from issuing a

 

search warrant for other evidence as considered appropriate by the

 

court.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 135                                    

 

          of the 97th Legislature is enacted into law.