Bill Text: MI HB6166 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Juveniles; criminal procedure; common prostitute; remove from description of disorderly person. Amends sec. 18k, ch. XIIA of 1939 PA 288 (MCL 712A.18k). TIE BAR WITH: HB 6170'18
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6166 Detail]
Download: Michigan-2017-HB6166-Introduced.html
HOUSE BILL No. 6166
June 12, 2018, Introduced by Reps. Sabo, Cochran, Chang, Lasinski, Brinks, Guerra, Geiss, Greig, Love, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.
A bill to amend 1939 PA 288, entitled
"Probate code of 1939,"
by amending section 18k of chapter XIIA (MCL 712A.18k), as amended
by 2014 PA 458.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIIA
Sec. 18k. (1) An individual shall provide samples for chemical
testing for DNA identification profiling or a determination of the
sample's genetic markers and shall provide samples for chemical
testing for a determination of his or her secretor status if any of
the following apply:
(a) The individual is arrested for committing or attempting to
commit an offense that would be a felony if committed by an adult.
(b) The individual is convicted of, or found responsible for,
a felony or attempted felony, or any of the following misdemeanors,
or local ordinances that are substantially corresponding to the
following misdemeanors:
(i) A violation of section 167(1)(c), (f), or (i) of the
Michigan penal code, 1931 PA 328, MCL 750.167, disorderly person by
window peeping, engaging in indecent or obscene conduct in public,
or
loitering in a house of ill fame. or prostitution.
(ii) A violation of section 335a(1) of the Michigan penal
code, 1931 PA 328, MCL 750.335a, indecent exposure.
(iii) A violation punishable under section 451(1) or (2) of
the Michigan penal code, 1931 PA 328, MCL 750.451, first and second
prostitution violations.
(2) Notwithstanding subsection (1), if at the time the
individual is arrested for the offense the investigating law
enforcement agency or the department of state police already has a
sample from the individual that meets the requirements of the DNA
identification profiling system act, 1990 PA 250, MCL 28.171 to
28.176, the individual is not required to provide another sample or
pay the assessment required under subsection (4).
(3) The samples required to be collected under this section
shall be collected by the investigating law enforcement agency and
transmitted by the investigating law enforcement agency to the
department of state police in the manner prescribed under the DNA
identification profiling system act, 1990 PA 250, MCL 28.171 to
28.176, when a petition is filed or the court issues a summons.
(4) The court shall order each individual found responsible
for or convicted of 1 or more crimes listed in subsection (1) to
pay an assessment of $60.00. The assessment required under this
subsection is in addition to any fine, costs, or other assessments
imposed by the court.
(5) An assessment required under subsection (4) shall be
ordered upon the record, and shall be listed separately in the
adjudication order, judgment of sentence, or order of probation.
(6) After reviewing a verified petition by an individual
against whom an assessment is imposed under subsection (4), the
court may suspend payment of all or part of the assessment if it
determines the individual is unable to pay the assessment.
(7) The court that imposes the assessment prescribed under
subsection (4) may retain 10% of all assessments or portions of
assessments collected for costs incurred under this section and
shall transmit that money to its funding unit. On the last day of
each month, the clerk of the court shall transmit the assessments
or portions of assessments collected under this section as follows:
(a) Twenty-five percent to the county sheriff or other
investigating law enforcement agency that collected the DNA sample
as designated by the court to defray the costs of collecting DNA
samples.
(b) Sixty-five percent to the state treasurer for deposit in
the justice system fund created in section 181 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.181.
(8)
The department of human services or a county juvenile
agency, investigating law enforcement agency, prosecuting agency,
or court that has in its possession a DNA identification profile
obtained from a sample of an individual arrested for an offense
described in subsection (1) shall forward the DNA identification
profile to the department of state police when a petition is filed
or the court issues a summons unless the department of state police
already has a DNA identification profile of the individual.
(9) As used in this section:
(a) "DNA identification profile" and "DNA identification
profiling" mean those terms as defined in section 2 of the DNA
identification profiling system act, 1990 PA 250, MCL 28.172.
(b) "Felony" means a violation of a penal law of this state
for which the offender may be punished by imprisonment for more
than 1 year or an offense expressly designated by law to be a
felony.
(c) "Investigating law enforcement agency" means the law
enforcement agency responsible for the investigation of the offense
for which the individual is arrested, convicted, or found
responsible. Investigating law enforcement agency does not include
a probation officer employed by the department of corrections.
(d) "Sample" means a portion of an individual's blood, saliva,
or tissue collected from the individual.
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. ___ or House Bill No. 6170 (request no.
04798'17) of the 99th Legislature is enacted into law.
