Bill Text: MI SB0106 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; DNA; collection of DNA samples at time of arrest for committing or attempting to commit a felony offense; provide for in probate code of 1939. Amends sec. 18k, ch. XIIA of 1939 PA 288 (MCL 712A.18k).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-12-31 - Assigned Pa 0458'14 [SB0106 Detail]
Download: Michigan-2013-SB0106-Introduced.html
SENATE BILL No. 106
January 29, 2013, Introduced by Senators SCHUITMAKER and JONES and referred to the Committee on Judiciary.
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 2003 PA 77.
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 a felony offense.
(b) (a)
The individual is 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.
(c) (b)
The individual is 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.
(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 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.
(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.
(2) Notwithstanding subsection (1), if at the time the
individual is arrested for, 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 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 fee 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.
(4)
Until October 1, 2003, the 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)
Until October 1, 2003, 65% Sixty-five
percent 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.
(c)
Beginning October 1, 2003, 65% 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)
Beginning December 31, 2002, the The director of the
department of state police shall report by December 31 of each year
concerning the rate of DNA sample collection, DNA identification
profiling, retention and compilation of DNA identification
profiles, and the collection of assessments required under
subsection (4) to all of the following:
(a) The standing committees of the senate and house of
representatives concerned with DNA sample collection and retention.
(b) The house of representatives appropriations subcommittee
on state police and military affairs.
(c) The senate appropriations subcommittee on state police.
(9)
The family independence agency 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
convicted of or found responsible for an offense described in
subsection (1) shall forward the DNA identification profile to the
department of state police at arrest or before the time the court
imposes sentence or enters an order of disposition upon that
conviction or finding of responsibility unless the department of
state police already has a DNA identification profile of the
individual.
(10) The DNA profiles of DNA samples received under this
section shall 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.
(11) 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.
