Bill Text: MI HB6172 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; prostitution; references to prostitute and prostitution; modify in the youth rehabilitation services act. Amends sec. 7a of 1974 PA 150 (MCL 803.307a). TIE BAR WITH: HB 6169'18
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6172 Detail]
Download: Michigan-2017-HB6172-Introduced.html
HOUSE BILL No. 6172
June 12, 2018, Introduced by Reps. Brinks, Sabo, Cochran, Chang, Lasinski, 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 1974 PA 150, entitled
"Youth rehabilitation services act,"
by amending section 7a (MCL 803.307a), as amended by 2001 PA 85.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7a. (1) A public ward under a youth agency's jurisdiction
shall
must not be placed in a community placement of any kind
and
shall
must not be discharged from wardship until he or she has
provided samples for chemical testing for DNA identification
profiling or a determination of the sample's genetic markers and
has provided samples for a determination of his or her secretor
status if any of the following apply:
(a) The public ward has been found responsible for a violation
of section 83, 91, 316, 317, or 321 of the Michigan penal code,
1931 PA 328, MCL 750.83, 750.91, 750.316, 750.317, and 750.321, or
a violation or attempted violation of section 349, 520b, 520c,
520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL
750.349, 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, or a
violation of section 167(1)(c) or (f) or 335a of the Michigan penal
code, 1931 PA 328, MCL 750.167 and 750.335a, or a local ordinance
substantially corresponding to section 167(1)(c) or (f) or 335a of
the Michigan penal code, 1931 PA 328, MCL 750.167 and 750.335a.
(b) The public ward has been convicted of 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 145a of the Michigan penal code,
1931 PA 328, MCL 750.145a, enticing a child for immoral purposes.
(ii) 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.a house in
which commercial sex acts are committed.
(iii) A violation of section 335a of the Michigan penal code,
1931 PA 328, MCL 750.335a, indecent exposure.
(iv) A violation of section 451 of the Michigan penal code,
1931
PA 328, MCL 750.451, first and second prostitution commercial
sex violations.
(v) A violation of section 454 of the Michigan penal code,
1931 PA 328, MCL 750.454, leasing a house for purposes of
prostitution.commercial sex.
(vi) A violation of section 462 of the Michigan penal code,
1931
PA 328, MCL 750.462, female under the age of 17 in a house of
prostitution.in which commercial sex acts are committed.
(2) Notwithstanding subsection (1), if at the time the public
ward is convicted of or found responsible for the violation the
investigating law enforcement agency or the department of state
police already has a sample from the public ward that meets the
requirements of the DNA identification profiling system act, 1990
PA 250, MCL 28.171 to 28.176, the public ward is not required to
provide another sample or pay the fee required under subsection
(6).
(3) The samples required to be collected under this section
shall
must be collected by the youth agency and transmitted 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.
(4) The youth agency may collect a sample under this section
regardless of whether the public ward consents to the collection.
The youth agency is not required to give the public ward an
opportunity for a hearing or obtain a court order before collecting
the sample.
(5) The DNA profiles of DNA samples received under this
section
shall must only be disclosed as follows:
(a) To a criminal justice agency for law enforcement
identification purposes.
(b) In a judicial proceeding as authorized or required by a
court.
(c) To a defendant in a criminal case if the DNA profile is
used in conjunction with a charge against the defendant.
(d) For an academic, research, statistical analysis, or
protocol developmental purpose only if personal identifications are
removed.
(6) A public ward found responsible for or convicted of 1 or
more crimes listed in subsection (1) shall pay an assessment of
$60.00. The department shall transmit the assessments or portions
of assessments collected to the department of treasury for the
department of state police forensic science division to defray the
costs associated with the requirements of DNA profiling and DNA
retention prescribed under the DNA identification profiling system
act, 1990 PA 250, MCL 28.171 to 28.176.
(7) As used in this section:
(a) "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.
(b) "Sample" means a portion of a public ward's blood, saliva,
or tissue collected from the public ward.
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. 6169 (request no.
02879'17) of the 99th Legislature is enacted into law.
